Question: List the 3 categories the elements of an international design application fall into. Answer: The elements of an international design application fall into the following three categories: mandatory contents which include items required in all international design applications. additional mandatory contents which include elements that are required by certain Contracting Parties and therefore are mandatory in […]

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Question: Who has the authority to grant access to a pending or abandoned application filed on or after September 16, 2012 that is in confidence? Answer: For applications filed on or after September 16, 2012, the following individuals may provide a written authority for access to a pending or abandoned application kept in confidence: the applicant […]

The post MPEP Q & A 29: Access to a Pending or Abandoned Application Filed On or After September 16, 2012 appeared first on Patent Education Series.

Question: List two types of filing fees that are reduced by 50% for small entities. Answer: The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees, extension of time, revival, and appeal fees, patent […]

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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: the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the claimed […]

The post MPEP Q & A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act appeared first on Patent Education Series.

Question: List two pieces of information regarding the patent that should be submitted when paying the maintenance fee. Answer: The information regarding the patent that should be submitted with the maintenance fee includes: the fee year the amount of the maintenance fee and any surcharge being submitted any assigned customer number whether small entity status […]

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Question: Under what conditions will a first application usually be granted a Notice of Allowance and become a patent in spite of a second application with potentially interfering claims? Answer: A first application will usually be granted a Notice of Allowance and become a patent when all of the following conditions are met: a first […]

The post MPEP Q & A 25: Conditions for First Application to be Granted a Notice of Allowance appeared first on Patent Education Series.

Question: What must a petition under 37 CFR 1.137 be accompanied by? Answer: Specifically, 37 CFR 1.137(b) provides that a grantable petition pursuant to 37 CFR 1.137 must be accompanied by: The reply required to the outstanding Office action or notice; unless previously filed; the petition fee; and a statement that the entire delay in […]

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Question: How can a patent owner file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request? Answer: The patent owner has one opportunity to file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request. If the corrected request is compliant with filing date requirements, the Office will […]

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Question: List one of the required elements of a request for ex parte reexamination. Answer: The required elements of a request for ex parte reexamination are as follows: “A statement pointing out each substantial new question of patentability based on prior patents and printed publications.” “An identification of every claim for which reexamination is requested, […]

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Question: What must a request for reinstatement of all or part of the period of adjustment reduced for failing to reply to a rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request include? Answer: A […]

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