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MPEP > Filing and Types of Applications (200, 600) > Flashcards

Filing and Types of Applications (200, 600) Flashcards

1
Q

What are the two main types of U.S. patent applications?

A

Provisional and non-provisional applications.

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2
Q

What is a provisional patent application?

A

A simplified, lower-cost filing that secures an early filing date but does not mature into a patent unless followed by a non-provisional.

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3
Q

What is a non-provisional patent application?

A

A full application that is examined and can lead to a granted patent.

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4
Q

Does a provisional application require claims?

A

No, claims are not required in a provisional application.

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5
Q

What is the term of a U.S. utility patent?

A

20 years from the earliest non-provisional filing date.

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6
Q

What is required to obtain a filing date for a non-provisional application?

A

A specification, at least one claim, and any required drawings.

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7
Q

Can you file a non-provisional application electronically?

A

Yes, using the USPTO’s Patent Center.

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8
Q

What is the benefit of filing a provisional application?

A

It establishes an early effective filing date and delays examination costs.

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9
Q

Is a provisional application published by the USPTO?

A

No, unless it is referenced by a published non-provisional.

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10
Q

Can you claim priority to a provisional in a PCT application?

A

Yes, if filed within 12 months.

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11
Q

What is a continuation application?

A

An application filed while the parent is pending, repeating the disclosure but presenting new claims.

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12
Q

What is a divisional application?

A

An application that claims a distinct invention carved out due to a restriction requirement.

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13
Q

What is a continuation-in-part (CIP)?

A

An application that repeats some of the earlier disclosure and adds new matter.

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14
Q

Can you file a CIP off a provisional?

A

No, CIPs are based on non-provisional applications.

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15
Q

What happens if new matter is added to an application?

A

It is not entitled to the original filing date for that matter.

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16
Q

What is the time limit for claiming priority to a provisional?

A

12 months from the provisional’s filing date.

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17
Q

What is co-pendency?

A

The period during which both parent and child applications are pending.

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18
Q

Can a continuation be filed after the parent issues?

A

No, it must be filed while the parent is pending.

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19
Q

What is a benefit claim under §120?

A

A claim to the filing date of an earlier non-provisional application.

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20
Q

What is the difference between §119 and §120 priority?

A

§119 refers to foreign or provisional priority; §120 to U.S. non-provisional applications.

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21
Q

What is included in a patent specification?

A

Title, background, summary, drawings, detailed description, and abstract.

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22
Q

Are claims part of the specification?

A

No, claims are separate from the specification.

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23
Q

Is an abstract required in a patent application?

A

Yes, it provides a brief summary of the disclosure.

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24
Q

What is the purpose of drawings?

A

To illustrate the invention as required for understanding.

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25
Can photographs be used as drawings?
Only when necessary, such as in biotech or microscopy.
26
What is a claim?
A legal definition of the invention that defines its scope.
27
What is an independent claim?
A standalone claim that does not refer to any other claim.
28
What is a dependent claim?
A claim that refers back to and further limits another claim.
29
What does 'incorporated by reference' mean?
Including the content of another document by referencing it.
30
What is a claim preamble?
The introductory portion of a claim, sometimes limiting the scope.
31
What is a declaration?
A signed statement by the inventor affirming the contents of the application.
32
Can a substitute statement replace a declaration?
Yes, when an inventor is unavailable.
33
What must an oath or declaration include?
Inventor’s name, belief in inventorship, and acknowledgment of penalties.
34
When must an oath/declaration be filed?
No later than when the issue fee is paid.
35
What is an ADS (Application Data Sheet)?
A form used to provide bibliographic data like inventors, priority claims, etc.
36
Is the ADS required?
Not always, but highly recommended and often necessary for correct data processing.
37
What is a power of attorney?
Authorization for a practitioner to act on behalf of an applicant.
38
Can an inventor be omitted from the oath?
Yes, under limited circumstances with a substitute statement.
39
When is a supplemental oath required?
When an error or omission in the original declaration must be corrected.
40
What happens if an oath is missing?
The application may be treated as incomplete and not examined.
41
How do you file a patent application electronically?
Through the USPTO’s Patent Center.
42
Can you pay fees later after filing?
Yes, with a surcharge if not paid on filing.
43
What is a filing receipt?
An official document confirming the application was received and assigning a serial number.
44
What is a Notice of Missing Parts?
A USPTO notice indicating required parts are missing from the application.
45
Can you file color drawings?
Only with a petition explaining why they are necessary.
46
What is the effect of failing to include claims?
The application may not be accorded a filing date.
47
What are small entity fees?
Discounted fees for independent inventors, small businesses, or nonprofits.
48
What is the micro entity status?
An even further reduced fee category for qualifying applicants.
49
Can the USPTO reject an application for missing parts?
Yes, but applicants are often given time to correct deficiencies.
50
What is the difference between a filing date and a priority date?
Filing date is when the application is submitted; priority date is the earliest date of a validly claimed earlier application.
51
What is a provisional application?
A temporary filing that establishes an early filing date and expires after 12 months unless followed by a non-provisional.
52
What is a non-provisional application?
A formal patent application that is examined and may lead to a granted patent.
53
What is a continuation application?
An application that repeats the parent’s disclosure but presents different claims.
54
What is a divisional application?
An application directed to an invention divided out due to a restriction requirement.
55
What is a CIP (continuation-in-part)?
An application that includes part of the earlier disclosure and adds new matter.
56
What is a filing date?
The date on which a patent application is officially received by the USPTO.
57
What is a priority claim?
A claim to an earlier application’s filing date for the same invention.
58
What is co-pendency?
The condition of two applications being pending at the same time.
59
What is an ADS (Application Data Sheet)?
A form providing bibliographic data about the application.
60
What is a declaration or oath?
A signed statement from the inventor affirming the invention and application contents.
61
What is a substitute statement?
A replacement for an inventor’s declaration when the inventor cannot be reached.
62
What is small entity status?
A fee reduction status for independent inventors, small businesses, and nonprofits.
63
What is micro entity status?
A further reduced fee category based on income and number of prior applications.
64
What is a power of attorney?
A legal document that gives someone authority to act on behalf of the applicant.
65
What is a Notice of Missing Parts?
A USPTO notice indicating that required application components are missing.
66
What is a filing receipt?
A confirmation of receipt of the application, including serial number and filing date.
67
What is a claim?
A formal statement that defines the scope of the patent protection.
68
What is an independent claim?
A claim that stands alone and does not reference any other claim.
69
What is a dependent claim?
A claim that incorporates by reference and further limits another claim.
70
What does 'incorporated by reference' mean?
Referring to another document whose contents are considered part of the application.

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