5 Written questions
5 Matching questions
- What is the limit for a Request for Continued Examination (RCE)?
- How long does an applicant generally have to reply to a requirement for information?
- Where can interviews occur?
- What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?
- Express abandonment after receipt of Notice of Allowance
- a A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
- b 1) Interviews in conference room
2) Videoconferencing are okay (amended)
- c No limit as long as done before aboandoned
- d Applicant generally has 3 months if it comes with an OA and 3 months if it comes separately
2) EOT's are available
3) if no reply--abandoned
- e Applicant should submit declaration along with a petition to withdraw the application from issue and fee.
5 Multiple choice questions
- 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.
- 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
- 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
- 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.
- 1) If there is failure to reply it will be automatically become abandoned
2) If applicant replies within the time period but the reply is not fully responsive, the application still may be abandoned (EOT may be given if response appears to be a bona fide attempt to respond)
5 True/False questions
Suspension of action may by an APPLICANT by request if [1.103(b)] → 1) filed along with a request for CPA
2) must specify time of requested suspension (no more than 3 months)
After applicant's reply → 1) If intentional, must remedy within statutory period to avoid abandonment
2) If unintentional, examiner can either accept it or require reply within remaining period or set a new 1 month time limit (extendable); new time limit cannot be given after final OA
Final Rejection → 1) PTO will withdraw the finality of any OA
2) Will be treated as request to dismiss an appeal and reopen prosecution if filed after filing of the Notice of Appeal but prior to decision
3) If filed after a decision but before filing an appeal, it will serve to reopen prosecution. However, applicant must submit arguments, amendments, or a showing of facts as to why any rejection upheld or suggested by the Board should be removed
Foreign Filing Liscense → Rejection of claims is based on subject matter (substance) and is subject to appeal. Note: objections are based on form and may be reviewed only by petition to the director.
Any new (not previously examined) application require a fee if → 1) claims are to a single invention
2) a search was made
3) provides copies of closest references
4) provide detailed discussion of references and why claims are patentable over them. If not met applicant gets second chance to meet them