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5 Written questions

5 Matching questions

  1. Constructive RTP
  2. Evidence Needed to Prove the JRA:
  3. If an expert claims 'disbelief' that an invention will work (and if it actually is proven to work) then
  4. The following list comprises the main steps in a patent examination process (assuming no interference claims):
  5. Procedural Requirements for a Suspension:
  1. a 1. Investigation of the app and of prior art (37 CFR 1.104 in Charts)
    2. After an initial rejection (non-final), the applicant must reply to the Office Action (37 CFR 1.111 in Charts)
    3. Replies to the intial Office Action (37 CFR 1.112)
    4. Final Rejections: (37 CFR 1.113, 706.07(a))
  2. b that will also go towards a non-obvious meeting of the long-felt need.
  3. c filing a US patent application
  4. d If there is a CPA or RCE, the request must be filed along with those filings either with a check box on the transmittal form, or as a separate paper.
    If given with an RCE, the RCE must be valid under 37 CFR 1.114 including the 37 CFR 1.17(e) fee that cannot be deferred. Also, a request for suspension does not mean the RCE itself does not need the filing fee.
    if the request is with the CPA, the office must give a filing date to the CPA (it must be a valid CPA).
    The request should specify a whole-number of months (e.g. 2 months) for suspension, and 3 months is the maximum, if no number is given then 3 months is assumed:
    The request needs a processing fee in 37 CFR 1.17(i).
  5. e Once the examiner has the prima facie case of obviousness made, the burden of overcoming the obviousness is back on the applicant. Just as with the common ownership, the applicant must clearly show that the invention is within the scope of the JRA, and that the JRA was in effect before the later invention was made.

5 Multiple choice questions

  1. must have fee
    available for: Information properly submitted that was not found to be material; Info unintentionally submitted in application; Info submitted in incorrect application; Cannot be used for info forming part of the original disclosure, however, applicant can try to petition for a waiver to get originally filed material expunged
  2. File the petition, No Fee Required.
  3. Remember, the 37 CFR 1.132 affidavit may be filed to traverse a rejection (get around an objection). That sometimes include evidence that the same person invented the prior art that is being referenced, or that the new invention is actually non-obvious. However, the evidence must be weighed against the prima facie case that the invention is obvious.
    1) The weight is a preponderance of evidence
    2) After the prima facie case is established, the burden is on the applicant to meet the weight of the evidence in his favor.
  4. 1. prior art to the claimed invention must be commonly owned (100% by the same party or joint parties) OR
    2. subject to assignment to the common owner (like when an employee makes an invention that is assigned to the employer who is the common owner of multiple inventions). OR
    3. There was a JRA in place
  5. If an RCE is not filed properly, the Office notifies the applicant. The improper RCE does not toll the deadline for getting a proper reply in to the Office!

5 True/False questions

  1. Changes After the CREATE Act of 12/10/2004:Examiner will review the file to make sure all the necessary elements (oath, spec, claims, drawings, etc.) are present.
    The claim then gets put on a storage rack waiting for the first Office action.
    When the examination begins, the examiner (1) reads the spec and claims, and then (2) searches prior art.

          

  2. In an application that was abandoned for failing to pay the issue fee, publication fee, or a maintenance fee:If the issue fee has already been paid, then the applicant will have to issue the express abandonment letter, along with a 37 CFR 1.313(c) petition to withdraw the patent (and the 37 CFR 1.17(c) fee).

          

  3. Amedendments to the Drawings:Drawings must be updated on separate sheets with each amended drawing sheet having: "Replacement Sheet" at the top
    The replacement sheets must be entered no matter what kind of changes are made to an existing drawing (even if it is only to redraw the same picture with better quality)
    Completely New drawings must be on new sheets
    Annotated (marked-up) copies may also be included with the replacement sheets, and may be required if the examiner requests the annotated copies. They should be labeled as "Annotated Sheet"
    The amendment or the previously mentioned "Remarks & Arguments" section should explain the changes made to the drawings.

          

  4. 1 Month Deadlines (not less than 30 days for Feb. months):A. requirements for restriction or election of species in a patent (deciding on which invention to keep in a patent and which other ones to split into divisional apps).
    B. If a reply to an action is bona fide, but there is an inadvertent omission, the examiner may allow 1 month to correct it.

          

  5. Replying to the Request:Drawings must be updated on separate sheets with each amended drawing sheet having: "Replacement Sheet" at the top
    The replacement sheets must be entered no matter what kind of changes are made to an existing drawing (even if it is only to redraw the same picture with better quality)
    Completely New drawings must be on new sheets
    Annotated (marked-up) copies may also be included with the replacement sheets, and may be required if the examiner requests the annotated copies. They should be labeled as "Annotated Sheet"
    The amendment or the previously mentioned "Remarks & Arguments" section should explain the changes made to the drawings.

          

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