5 Written questions
5 Matching questions
- There are two distinct procedures for extending due dates (under what section?)
- What is a submission?
- Who can perform express abandonment?
- To test a rejection
- a 1) Applicant with assignee's consent
3) Attorney/Agent of record
4) Attorney/Agent not of record, who acts in a representative capacity when filing a continuing application, may expressly abandon the prior application as of the filing date granted to the continuing application
- b 1.136 (a) automatic extensions
1.136 (b) extensions for cause
- c - ask for a reconsideration
- then appeal to the Board of Patent Appeals and Interferences
- d An applicant can appeal after two or more actions on the merits, and after any final rejection
- e If a reply to an action is outstanding, the submission must meet reply requirements (37 CFR 1.111). Otherwise, the submission may be
- an IDS
- an amendment
- new arguments
- or new evidence
5 Multiple choice questions
- the applicant has the obligation to do so.
- 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
- 35 USC 102 (anticipation)
- 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)
5 True/False questions
Every response by an applicant must → 1) Reply to every rejection and objection in OA
2) Be a bona fide attempt to advance case to final action
3) Be in writing, typed or written in permanent ink and proper size paper
4) Be properly signed
Thus, if there is an appeal, what happens to the information that was not "entered" into the amendment? → 1) submission must meet requirement of section 1.111 in order to continue prosecution.
Payment of the fee for an RCE does NOT toll the running of any time period set for reply.
When an application is filed with missing parts, what happens? → Missing parts: oath/declaration, translation, filing fee
the applicant has two months from the filing date (if no correspondence address is included), two month from the date the Notice of Missing Part is mailed, to file the required paper. The deadline can be extended automatically up to five month. THERE IS NO SIX MONTH RULE.
35 USC 102 (d) → 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.
What Rule is swearing back? → 37 CFR 1.131