5 Written questions
5 Matching questions
- What submissions are allowed with a RCE?
- Whether unavoidable or unintentional, what is required for revival?
- Thus, if there is an appeal, what happens to the information that was not "entered" into the amendment?
- Rules for Timeliness of Response
All dates are calculated from:
- When will a supplemental reply be considered as a matter of right?
- a - cancellation of claims
- adoption of Examiner suggestions
- placing application in condition for allowance
- replying of office requirement made after First reply
- correct informalities
- simplify issues on Appeal
- b the mailing date from the Patent Office which is stamped on the action. The date of receipt is irrelevant
- c -filing
-a proposed response when an action was outstanding as the time of abandonment or the filing of a continuation
- d 1) IDS
3) arguments in a previously filed appeal or reply brief submitted in reply to a final rejection
- e The claims appealed are considered without the amendments which were sought in the non-entered response
5 Multiple choice questions
- 1. process
4. composition of matter
- 1) Why it's neccessary
2) Why it requires no additional search or examination;
3) why claims are patentable;
4) why claims were not presented earlier
- Purpose is to prove that applicant was the first inventor when faced with a reference dated earlier than the application filing date
- More than one year before filing:
Patent obtained, anywhere
Public use, US only
On Sale, US only
5 True/False questions
Suspension of action may by an APPLICANT on petition if [1.103(a)] → 1) Deferral of examination of application
2) max of 3 years from earliest filing date from which benefit is claimed
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 international app that entered national stage--on or after Nov. 29, 2000
Can prosecution be suspended to allow submission of an IDS? → no.
After Final Rejection, what is an Examiners Answer treated like? → Like an amendment from the applicant so extensions are necessary.
If two applications are commonly owned or have a common inventor, what can the patent office do? → Provisionally reject one application citing the other which would be prior art if issued. Such a provisional rejection can be overcome by abandoning one application
For an amendment after allowance to be entered, the remarks accompanying the proposed amendment must state the four "whys" → 1. Why the amendment is needed
2. Why no new search or consideration is required
3. Why any amended or new claims are patentable
4. Why the amendments where not earlier presented
Think- to be patentable, we need a new search earlier.