MPEP Chapter 500: Receipt and Handling of Mail and Papers

Question 1

Facsimile Exceptions (Cannot be sent)

Answer 1

Patent applications
Certified documents
Color drawings
Request for re-exam
International application
Registration to Practice
Interferences “by hand”
Applications with secrecy orders

Question 2

Rule 1.53(d) (CPA) Application

Answer 2

CAN be filed via facsimile, but subject to limitations of EST time zone

Cannot use Certification of Transmission

Question 3

Certification of Transmission

Answer 3

Date of filing = based on time sent
Works domestically and foreign
DOES NOT APPLY TO CPA FILINGS

Question 4

Correspondance Signature Requirements

Answer 4

Handwritten, S-signature, or EFS character coded signature

Hand-signed only necessary for paper version of credit card payment form

Question 5

EFS/Patent Center

Answer 5

Used to file almost anything at PTO

Linked to EST time zone (i.e. you must file by 9pm on that day on west coast)

Question 6

Filing Date

Answer 6

When given the filing date, is also given a serial number, and cannot be returned to application, but can be abandoned

Question 7

Filing Recepit

Answer 7

Issued when application is complete (FOT)

Can grant a FFL (1/3 ways to get a FFL)

Question 8

Complete Application with Fixed Filing Date

Answer 8

Spec, Claims, Drawings
(FOT can be submitted later via Notice of Missing Parts)

Question 9

CPA/CON/DIV/CIP

Answer 9

Cannot be filed until complete!

Question 10

PLTIA “Reference” Filing

Answer 10

NOT GOOD PRACTICE
Just submit spec, send in claims and drawings later

Question 11

Free Actions

Answer 11

1. File a protest
2. File a Petition to Make Special (illness/age)
3. Access issued, published, and certain abandoned files
4. File a timely response to an OA or RR
5. Timely file an IDS
6. Conduct an interview
7. Obtain a Certificate of Correction to correct a PTO mistake
8. File a Supplemental Declaration or Supplemental Amendment
9. File a Petition Requesting Withdrawal of an Incorrect Holding of Abandonment
10. File comments to Examiner’s reasons for allowance
11. File a Citation of Prior Art

Question 12

Petition Fees

Answer 12

3-tiered fee structure (fees increase)
1. Mundane - Inventorship Correction
2. Intermediate - Making app “special”
3. Exotic - Suspension of Rules

Question 13

Deposit Accoint

Answer 13

Fees can be paid by a signed direction to charge the account
Must have sufficient funds

Question 14

Filing Fee for Application

Answer 14

Sum of:
1. Fee for filing, searching, exam
2. Surcharge for every independent claim over 3
3. Surcharge for every claim over 20
4. Surcharge for multiple dependent claims
5. Fee for spec+drawings over 100 pages
6. Surcharge fro late filing of oath and filing fee

Question 15

Small Entity

Answer 15

1/2 off fees
-Independent inventor
-Non-profit organization or university
-Small business with less than 500 employees

Question 16

Micro Entity

Answer 16

3/4 off fees
-No inventor named on more than 4 non-prov appls
-No inventor has gross income 3x median household income
-Employer is higher education

Question 17

Fees NOT reduced for Small/Micro Entity

Answer 17

-Document and supply fees
-Certification of correction fees
-Misc fees
-Pet+process fees
-Re-exam fees
-PCT fees

Question 18

Certification of Mailing

Answer 18

Filing date = date paper deposited in mail box

Question 19

CANNOT be filed with Certificate of Mailing

Answer 19

-New patent applications (Rule 1.53(b) or (d))
-Interference “by hand”
-Agreements settling interference
-PCT papers

Question 20

Priority Mail Express

Answer 20

Can be used to file any papers
Needs express mail label
Filing date = date on label by Post Office (“date in”)
USE TO FILE NEW APPS

Question 21

Notice of Appeal

Answer 21

Anomaly
Receipt at PTO used for calculating further due dates
(Brief due 2 months from receipt date at PTO)

Question 22

Claim for foreign priority must be made in every app EXCEPT

Answer 22

CPA where proper claim made in parent