5 Written Questions
5 Matching Questions
- Resort to extensions for cause can only be done when
- What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?
- Is offering the application or the patent rights prior art?
- What is needed to get RCE?
- If the filing dates are within six months of each other (three months for simple subject matter),
- a No, because it is not officially an "offer for sale" under 102 (b)
- b A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
- c an interference may be proper if they are claiming the same invention. Otherwise, the Patent Office will issue the one having the earliest filing date and then reject the other under 102 (e)
- d the automatic extensions are used up.
- e 1) Prosecution must be CLOSED
2) Applicant must request RCE by filing submission and fee PRIOR TO the earliest of payment, abandonment, and filing notice of appeal
3) RCE is entitled to benefit of a certificate of mailing (CPAs are not)
4) A request for a CPA filed in an app having a filing date on or after May 29, 2000 for which CPA practice is not available (utility) will be treated as RCE
5 Multiple Choice Questions
- 1. IDS
2. Any due date set by statute (such as 6 month absolute deadline set for response to Office Action)
3. The issue fee can now, by statute, be paid late upon a proper showing, but cannot be extended
4. The deadline for responding to a Notice of Omitted Items (2)
5. The three month deadline to obtain a refund for a fee paid as a large entity.
6. Filing Formal Drawings at time Issue Fee is paid.
- 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
- NO! Must be filed in advance of the established due date.
- It will be accepted as a complete reply--safe harbor
- amend the claims by adding another limitation or step or element to patentably distinguish from the prior art.
5 True/False Questions
To test an objection → -ask for a reconsideration
- then, a petition filed to the commissioner.
Suspension for Statutory Invention Registration (SIR) if: → PTO accepts a request to publish an SIR in the application
Can automatic extensions be obtained retroactively? → Yes, lets say you have a shortened statutory period of three months, you can get your extension after three months
Two routes exist for reviving an application depending on whether the abandonment was → unavoidable OR unintentional.
What is a secondary consideration? → describes objective indications that the invention is not obvious. These are indications that the real world puts a high value on the invention, and include unexpected results, commercial success, failure of others, copying by others, licensing, and skepticism of experts.