5 Written questions
5 Matching questions
- Suspension of action may by an APPLICANT on petition if [1.103(a)]
- A petition to revive an abandoned application which had an outstanding Official Action pending at the time it was abandoned must be accompanied by either an
- What is a supplemental reply?
- Is preliminary amendment considered part of the original disclosure?
- When there is no common inventor, can the patent office do this?
- a 1) Good and sufficient cause
2) Applicant must specify time of requested suspension (not to exceed 6 months)
3) must pay fee (unless PTO's fault)
4) no response can be due from applicant (i.e., no outstanding Office Actions)
- b No, because that would violate the law requiring applications to be maintained in confidence.
- c A reply filed in follow up to an initially filed reply
- d Not considered part of original disclosure unless filed with original app and later filed oath refers to it
- e amendment, request for reconsideration, or filing of a continuation.
5 Multiple choice questions
- - an actual reduction to practice OR
- conception and diligence to actual reduction to practice
- Purpose is to prove that applicant was the first inventor when faced with a reference dated earlier than the application filing date
- Bringing an abandoned application back to life.
- - 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
- sent in response to an After Final Amendment that was filed by the applicant within two months.
5 True/False questions
Failure to Reply → 35 USC 102 (d) bars anyone from obtaining a US patent on a given invention only is all of the following has happened:
1. filed in a foreign country
2. filing in the foreign county was 12 months prior to US application filing
3. foreign patent issued before the US patent filed.
Appeal → - Any application filed on or before June 8, 1995 and has an effective filing date of June 8, 1993 or earlier can use the Transitional Final Rejection practice
- Any application filed on or after June 8, 1995 are eligible for RCE
A patent application published in the US resulting from an international application entering the national stage is prior art under 102(e) as of its international filing date ONLY IF → the IA was published in English.
Due dates for the following cannot be extended even for cause: → 1. IDS
2. Any due date set by statute (such as 6 month absolute deadline set for response to Office Action)
3. The issue fee can now, by statute, be paid late upon a proper showing, but cannot be extended
4. The deadline for responding to a Notice of Omitted Items (2)
5. The three month deadline to obtain a refund for a fee paid as a large entity.
6. Filing Formal Drawings at time Issue Fee is paid.
Which petitions to make special DO NOT require a fee? → It is considered abandoned