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5 Written questions

5 Matching questions

  1. When is a final rejection improper?
  2. Where is an exception to 35 USC 102 (e) (f) and (g) described:
  3. Most rejections are based on 35 USC 101
  4. Which three entities can suspension of action be performed by?
  5. What is the limit for a Request for Continued Examination (RCE)?
  1. a third paragraph of 35 USC 103
  2. b No limit as long as done before aboandoned
  3. c 1) Applicant
    2) the PTO
    3) overlapping applications by same applicant or assignee
  4. d A final rejection is not proper if it is:
    1) the first office action in a CIP at least one claim includes subject matter not present in parent;
    2) the first office action in a substitute application containing material presented after final rejection in an earlier application but was denied entry based on new matter
  5. e 35 USC 101 (patentable subject matter, lack of utility)

5 Multiple choice questions

  1. 35 USC 102 (d) bars anyone from obtaining a US patent on a given invention only is all of the following has happened:

    1. filed in a foreign country
    2. filing in the foreign county was 12 months prior to US application filing
    3. foreign patent issued before the US patent filed.
  2. No.
  3. 1) application is owned by US
    2) Publication may be detrimental to public safety
    3) appropriate agency requests suspension
  4. Changes in the specification are made by submitted a "marked up" version of what needs to be changed and directing the PTO as to where the changes are being made. Paragraph numbering does help.
  5. NO

    but yes for reissue application

5 True/False questions

  1. Is knowledge by the public considered "use" by the public under 102 (b)?No, because it is not officially an "offer for sale" under 102 (b)


  2. When is an application recognized as being closed?1) application is under appeal
    2) last office action is final
    3) notice of allowance
    4) Another action that closes prosecution


  3. Can you obtain an extension of time to pay the issue fee?No but you can pay late upon proper showing (unavoidable, unintentional)


  4. 35 USC 102 (e)More than one year before filing:

    Patent obtained, anywhere
    Publication, anywhere
    Public use, US only
    On Sale, US only


  5. What happens if a timely reply is not filed?Licenses are obtained automatically 6 months after the filing date. They can also be obtained retroactively with a petition (countries filed, dates, not secret, license was diligently sought, filing was in error w/o deceptive intent) and fee.


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