MPEP 700 Flashcards
(43 cards)
If reply due date falls on Saturday/Sunday/Holiday, the due date:
is next working day
Automatic extensions of time CAN be obtained:
before, on, and after reply due date (retroactive) but NOT past 6 month deadline
After final rejection, you can _______ claims but
you cannot __________ claims
cancel
substantively amend
The issue fee is due within _ months and
______ be extended
3
extended
To obtain a filing date, the minimum required is:
spec
claim
Drawing
Preliminary amendments MAY add ______ but
may NOT add _________
new claims
new matter
Preliminary amendments MAY be filed ______ but
may NOT be filed _________
with the application
after First Office Action
In order to perfect ownership of a patent, it is necessary to record within:
three months
In order to perfect ownership of a patent, there must be:
valuable consideration; e.g. something of value must have been exchanged, NOT a gift
Applications “deemed published” under CFR 122(b) are _____ and ______:
and are not:
US applications at 18 months from filing date; or
US-designated WIPO published applications
Foreign published applications
Regardless of whether a demand is made for examination prior to the ____ month, the PCT deadline to enter the national phase remains ____ months.
19th
30
RCE is NOT available for:
(A) provisional applications;
(B) before June 8, 1995;
(C) design applications;
(F) reexamination.
RCE is available during which part of examination?
RCE is available after what date?
After final rejection in utility and plant applications filed after June 8, 1995, but before payment of issue fee, abandonment, or appeal
The design equivalent of an RCE is a:
CPA
After final rejection, you have ____ months to determine fate of the app
6 - 3 free, 3 fee (automatically extendable)
Petition to Make Special is available _________
and is free for ________
but requires a fee for ________
before August 25, 2006
Illness, environment, Energy, Age, Counterterrorism
a. infringement, safer DNA, for the asking
b. HIV/AIDS research
c. Superconductivity
d. Biotech by small entity
After _______ PMS becomes _______
August 25, 2006
Accelerated Examination
To be granted Accelerated Exam status, applications must:
be filed with petition, fee (free for environment, conservation of energy, or counterterrorism), and all oath/decs
be a utility or design app
be filed with EFS
contain 3 or fewer indp claims, AND 20 or fewer total claims, AND no multiple dependent claims
have a preexam search statement by applicant
Accelerated Exam is NOT available for:
plant patents Reissue apps National stage IA reexam RCEs PMS
After _____ AE becomes _______
September 16, 2011
Prioritized Examination
To be eligible for Prioritized Exam, app must be:
nonprovisional utility or plant app or RCE
filed with all search and exam fees
filed after September 16, 2011
no more than 4 ind, 30 total, and no mult dep claims
The special “Two Month Rule” after Final Rejection is:
If a response to a FR is filed w/in 2 months from mailing date AND Office does not mail an advisory action until AFTER the end of three month period for response, abandonment date will be extended until the AA is mailed OR 6 month period expires, whichever is FIRST
After _______, the time limit to revive an unintentional abandonment is _______ but before that date, the time limit was _______:
December 18, 2013
no time limit
1 year
An interview after first action is ________ while
an interview after final rejection is _________
a matter of right
at examiners discretion
