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5 Written questions

5 Matching questions

  1. 35 USC 102 (d)
  2. Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailed
  3. Most rejections are based on 35 USC 103
  4. Suspension of action may by an APPLICANT by request if [1.103(b)]
  5. 8 Types of Special Applications
  1. a It has same standing as if NOA was not mailed
  2. b 1) filed along with a request for CPA
    2) must specify time of requested suspension (no more than 3 months)
    3) fee
  3. c 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.
  4. d Special application include:
    1) made special by petition
    2) reissued applications
    3) transferred to different examiner
    4) interference
    5) ready for allowance
    6) ready for final rejection
    7) pending more than 5 years
    8) reexaminations
  5. e 35 USC 103 (obviousness)

5 Multiple choice questions

  1. a protest or a Public Use Proceeding.

    Protests are covered in chapter 1900
  2. No.
  3. NO

    but yes for reissue application
  4. 1) Adding new matter to an application (must use a CIP for that)
    2) Provisionals
    3) Design applications
    4) Patents under reexaminations (reissues are fine)
    5) Patents and international application filed before June 8, 1995
    6) Application after the filing of notice of appeal or civil suit unless appeal or suit is terminated while application is still pending
  5. - prior invention made in US (except in interference, then NAFTA or WTO country activity counts as well)
    - prior invention must not be abandoned, suppressed, or concealed (ASC)
    - a partial exception is made for commonly owned inventions.

5 True/False questions

  1. Which petitions to make special DO NOT require a fee?- 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

          

  2. Any request for reconsideration of a decision on a revival petition must be filed:within two months from the date of the decision

          

  3. Suspension for Statutory Invention Registration (SIR) if:PTO accepts a request to publish an SIR in the application

          

  4. 35 USC 102 (a)Prior to invention:

    Public Knowledge, US only
    Use by others, US only
    Publication, Anywhere
    Patent obtained, Anywhere

          

  5. AppealA final rejection is any second or later rejection, unless: new rejection of claim that was not added or substantively amended; rejection is based on newly cited art other than info submitted and IDS.