Question: List two conditions where the provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent application publication naming another inventor. Answer: The provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent […]

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Question: When is correspondence submitted via the USPTO patent electronic filing system accorded a receipt date? Answer: Correspondence submitted via the USPTO patent electronic filing system will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office without regard to whether that date is a […]

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Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: (1) the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the […]

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Question: If a maintenance fee is filed after the 6-month grace period, then what must a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) include? Answer: If a maintenance fee is filed after the 6-month grace period, then a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) must include … (A) […]

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Question: List a situation that does not constitute a license so as to prohibit claiming small entity status. Answer: The following situations do not constitute a license so as to prohibit claiming small entity status: a use license to the Government resulting from a rights determination; a use license to the Government resulting from Federal […]

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Question: Copendency is defined in the clause which requires that the later-filed application must be filed before the occurrence of what? Answer: Copendency is defined in the clause which requires that the later-filed application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the […]

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Question: When can claims be finally rejected in a first Office action for a new application? Answer: For a new application, claims may be finally rejected in the first Office action when: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new […]

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Question: List 3 fees that are reduced by 80 percent for micro entities. Answer: The fees which are reduced by 80 percent for micro entities include: filing fees (nonprovisional and provisional) search fees examination fees issue fees appeal fees for utility design, plant, and reissue patent applications patent maintenance fees including the maintenance fee grace […]

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Question: List 2 situations where RCE provisions do not apply. Answer: The RCE provisions do not apply to: (A) a provisional application; (B) an application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995; (C) an international application filed under 35 U.S.C. 363 before June 8, 1995, or an […]

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Question: What does application information include? Answer: Application information includes the title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, and the type of application (e.g., utility, plant, design, reissue, provisional). Chapter Details: The answer to this […]

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