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5 Written questions

5 Matching questions

  1. Abandonment of an application
  2. How is express abandonment done?
  3. Which petitions do require a fee?
  4. When should preliminary amendment be filed?
  5. Suspension of action may by an APPLICANT by request if [1.103(b)]
  1. a 1) filed along with a request for CPA
    2) must specify time of requested suspension (no more than 3 months)
    3) fee
  2. b 1) Failure to Reply
    2) Express Abandonment
    3) Termination of Proceedings
  3. c 1) safety of recombinant DNA research
    2) superconductivity
    3) HIV/AIDS or cancer
    4) counter-terrorism
    5) biotechnology (small entities)
    6) Prospective manufacture
    7) Actual infringement
    8) Any new application
  4. d By filing a written declaration identifying the application; however, express abandonment of the application may not be recognized by the Office unless it is actually received in time to act before date of issue or publication.
  5. 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. You have no right to have amendment entered after mailing of Notice of Allowance - it's a matter of grace, good and sufficient reason in petition and fee
  2. 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
  3. 1) Deferral of examination of application
    2) max of 3 years from earliest filing date from which benefit is claimed
    3) fees
    4) won't be granted after mailing of office action or notice of allowance
    5) must be in condition for publication
    6) no non-publication request
    7) regular (utility) and plant apps or internationa app that entered national stage--on or after Nov. 29, 2000
  4. It will be accepted as a complete reply--safe harbor
  5. Petition to director

5 True/False questions

  1. What is the limit for a Request for Continued Examination (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.

          

  2. Period for Reply1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions

          

  3. What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated

          

  4. Which petitions to make special DO NOT require a fee?1) safety of recombinant DNA research
    2) superconductivity
    3) HIV/AIDS or cancer
    4) counter-terrorism
    5) biotechnology (small entities)
    6) Prospective manufacture
    7) Actual infringement
    8) Any new application

          

  5. What submissions are not allowed with a RCE?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