5 Written questions
5 Matching questions
- 35 USC 102 sets forth 7 acts and documents under which a patent cannot be obtained.
- Which categories are not patentable?
- 35 USC 102 (f)
- If a response to a Final Rejection is filed, the examiner may or may not
- What if examiner thinks applicant's statement is not complete?
- a Examiner may give the applicant 1 month time period to complete the reply
- b 1. a prior publication
2. a prior patent
3. an abandonment of invention
4. prior sale or offer for sale
5. prior use
6. prior public and general knowledge
7. a prior invention
- c "enter" the amendment because it raises new issues, or does not place the application in better condition for appeal.
- d bar patenting subject matter which the applicant did not invent.
- e - scientific principles and mathematical discoveries
- atomic weapons
- devices useful for only illegal purposes
- a method of doing business
- thing which are naturally occurring
- a method which is purely mental
5 Multiple choice questions
- 1) Inventor/applicant
2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney
- it designates the US, and was published in English
- If the applicant wishes to overcome a rejection based on prior art by establishing that the invention date is before the date of the prior art reference. This is done by submitted an affidavit evidence of the invention date.
- Applicant must be ensure the substance of the interview is made of record in the app--often the examined agrees to do it. Full response to OA is still required.
- 1) infringing product/method is on the market/in use
2) comparison to claims made
3) search of prior art or good knowledge
5 True/False questions
What submissions are allowed with a RCE? → 1) IDS
3) arguments in a previously filed appeal or reply brief submitted in reply to a final rejection
Shortened Statutory Period:
for responding to a restriction requirement?
for responding to Ex Parte Quayle actions (action in which all the rejection and objections are formal)
for responding to all other official actions? → Appeal
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
After Final Rejection, what is an Examiners Answer treated like? → no.
How are changes to the specification made? → Changes in the specification are made by submitted a "marked up" version of what needs to be changed and directing the PTO as to where the changes are being made. Paragraph numbering does help.