MPEP 500 Flashcards
Communication with the patent office (19 cards)
A filing by facsimile is given the date of transmission if accompanied by
certificate of transmission
Items Cannot be sent by facsimile
MPEP 502.01. 502.02
patent applications
color drawings
certified documents
requests for reexamination
correspondence relating to PTO disciplinary
Interference files
secrecy orders
What is needed for a non provisional to received a filing date
spec
claim
drawing
Notice of Missing Parts
sent when FOT is missing
sets a 2 month period to respond
FOT
FEE
Oath
Translation
not needed for filing date
Petitions to Make Special are based upon
illness. and death
Surcharge paid in addition to any basic filing if what
there are multiple dependent claims
more than 3 independent claims
100+ pages
Common Fees not Subject to Small Entity Treatment
petition and processing
document supply fees
certificate of corrections
miscellaneous fees/ reexamination
PCT Fees
Rule 1.53 (d)
CPA
Continued Prosecution Application
NO co pendency needed
designs only
Can be filed by facsimile but subjected to eastern time zone
Three Categories of Small Entities
Independent inventor
Non Profit
Small Business
Patent Application filed with certificate off mailing will receive a filing date as_____
date it arrives at ofice
Patent Application Filing Method
Priority Mail Express
“Express Mail”
Notice of Incomplete Application
Missing specs drawings or claims
Notice of Omitted Items
Rights at stake not good
missing major portions of application
PLTA
Patent Law Treaty Implementation Act
makes it easier to get a filing date @ US Patent Office
just need written specification and send in the rest later
allows for reference filing
MPEP 509
actions that you can take without paying a fee
Micro Entity
MPEP 509.04
subset of small entity
requires
1.that neither applicant nor the inventor has been named in more than 4 filed non prov applicant
- small gross income
Priority Mail Express
MPEP 513
preserves “Date-in” date
which is the date of deposit not the date of when it arrives
Filing Free
Filing fee
examination fee
search fee