5 Written questions
5 Matching questions
- When can a final rejection take place?
- Actual infringement (w/ statement alleging)
- Suspension of action may by an APPLICANT by request if [1.103(b)]
- When should preliminary amendment be filed?
- Period for Reply
- a 1) Due dates are calculated from PTO mailing date
2) EOT cannot exceed the 6 month statutory period for Office actions
- b A final rejection can be the first action in a continuing or substitute application, if all claims are to the same invention as the parent application and could have been finally rejected in parent.
- c 1) infringing product/method is on the market/in use
2) comparison to claims made
3) search of prior art or good knowledge
- d 1) filed along with a request for CPA
2) must specify time of requested suspension (no more than 3 months)
- e 1) Should be filed after app gets app number and filing date if not filed with original app
2) Should be filed with original app if claims are canceled to reduce the filing fee
3) For CPA's, preliminary amendments must be filed on the filing date of the CPA
5 Multiple choice questions
- 1) Interviews in conference room
2) Videoconferencing are okay (amended)
- 1) safety of recombinant DNA research
3) HIV/AIDS or cancer
5) biotechnology (small entities)
6) Prospective manufacture
7) Actual infringement
8) Any new application
- It is considered abandoned
- A RCE provides a way for an applicant to obtain continued examination of an application after prosecution has closed by filing a submission and paying a fee. If a subsequent action is made final, an applicant can get continued examination again by filing submission and fee.
- 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.
5 True/False questions
Who can properly sign a response? → 1) Inventor/applicant
2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney
When is an application recognized as being closed? → received by PTO before first OA is mailed
Entry of Second or Supplemental responses → 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
What happens after an interview? → Applicant must be ensure the substance of the interview is made of record in the app--often the examined agrees to do it. Full response to OA is still required.
Every response by an applicant must → 1) Reply to every rejection and objection in OA
2) Be a bona fide attempt to advance case to final action
3) Be in writing, typed or written in permanent ink and proper size paper
4) Be properly signed