5 Written questions
5 Matching questions
- When should preliminary amendment be filed?
- How will authorization to charge all required fees be to a deposit account be treated?
- When are foreign licenses obtained
- When do interviews occur?
- What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?
- a As a constructive petition for extension of time
- b 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.
- c A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
- d 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
- e Interviews do not occur before a first office action unless it's a continuation (or CPA) or substitute application
2) No right to an interview after a final rejection
3) Not normally allowed after filing an appeal brief
5 Multiple choice questions
- 1) Examiner must respond within 2 MONTHS of receipt
2) Examiner may not make next action a final rejection if it relies on the new material
- 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
- 1) Issue fee is not paid when due (can be revived if fee is accepted with petition)
2) Application in a interference where all claims corresponding to the count lose
3) After decision by Board or court
- 1) Applicant's health (w/ doctor's certificate)
2) Applicant is 65 or over
3) invention will materially enhance the quality of the environment
4) invention will materially contribute to energy resource development or conservation
- 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 True/False questions
There is no unrestricted right to entry of amendments after final rejection unless what five conditions occur? → received by PTO before first OA is mailed
What is the proper response to a rejection? → 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
Rejection of Claims → 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.
8 Types of Special Applications → Can occur...sometimes
Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailed → It has same standing as if NOA was not mailed