Patent Study Flashcards

Terms Definitions
MPEP 1700?
MPEP 1200?
MPEP 1600?
Plant Patents
Plant Patents?
MPEP 1600
MPEP 2000?
Duty of Disclosure
Correction of Patents?
MPEP 1400
Duty of Disclosure?
MPEP 2000
Patent Terms and Extension?
MPEP 2700
T/F: Unpublished pending applications are generally maintained in confidence at PTO?
MPEP 2500?
Optional Inter Partes Reexamination
35 U.S.C. 102
Conditions for Patentability
T/F: Published patent applications are prior art?
MPEP 800?
Restriction in Applications filed under 35 USC 111; Double Patenting
Secrecy, Access, National Security, and Foreign Filing?
MPEP 100
Restrictions in Applications Filed Under 35 USC 111; Double Patenting?
MPEP 800
T/F: Abandoned applications are maintained in confidence at PTO?
1 Standard 2 Continuation- second, third, etc. application by the same applicant for the same invention claimed in a prior, nonprovisional application 3 Continuation-in-Part: only application which is related to another that contains new matter 4 Substitu
MPEP 200?
Types, Cross-Noting, and Status of Application
MPEP 500: Can you fax materials associated with a file under a secrecy order?
MPEP 300: Can current PTO employees have patents or an interest in a patent?
Notice of Allowance sent to the applicant once an Examiner is satisfied that the statutory and Patent Office requirements have been satisfied; sets a three-month period for payment of the Issue Fee
MPEP 140: T/F: every US application filed includes an implicit requrest for a FFL?
Which section of 35 USC 102 prohibits patents on subject matter known or used domestically OR described in any international publication prior to invention?
What percentage of the 90 questions do you need to get right to pass?
35 U.S.C. 102 (e)
Filed: another's patent application describes my claimed invention and was filed before my invention date. If PCT several conditions!
Design patents
contain only one claim protecting the exterior appearance of something
If you abandon your invention, which section in 102 bars your later patenting of that invention?
35 USC 102(c)
What does PCT stand for?
Patent Cooperation Treaty, which provides for international patent applications with priority/filing date honoring.
35 U.S.C. 101
Inventions patentable. new and useful process, machine, manufacture, composition of matter or any new and useful improvement thereof
patent is reviewed on the basis of a substantial new question of patentability raised by a prior patent or publication; new but not broader claims can be sought
Certificate of Correction
corrects mistakes of a clerical or typographical nature
MPEP 600: How many words in an abstract?
150 or less.
What does PACR stand for?
Patent Application Capture & Retrieval (application database)
MPEP 140: What does FFL stand for?
Foreign Filing License
What does 102(g) bar?
The patenting of an invention created by another who invented first (and thus wins an interference) so long as that person did not abandon, conceal, or supress their invention.
What are the exceptions to pre-grant publication (PG PUB)?
Abandoned applications, secrecy orders/nat'l security, provisional applications, design applications, applications including a request not to publish
Correction of inventorship
changed by the Patent office by adding or subtracting inventors either for an issued patent or a pending application
Under what circumstances do foreign applications have bearing on a 102(e) denial?
The foreign patent application (which describes the invention prior to the date of the invention) is a bar if it (1) was filed on/after Nov. 29, 2000, (2) designated the US, and (3) was in English.
What is restriction practice?
The process by which a patent examiner forces a patentee to choose between two inventions contained in the same application. The extra invention(s) can be split out to divisional applications.
In correcting inventorship, what are the two most imporant phrases?
"Without deceptive intent" and "with the written consent of the assignee."
What happens if a non-published US application is filed internationally that requires 18-month publication?
Unless patentee notifies PTO, application becomes abandoned.
What patent applications can be affected by Patent Term Adjustment (PTA)?
Those applications filed on/after May 29, 2000.
MPEP 300: Does the PTO record licenses?
No, or very rarely.
35 U.S.C. 102 (d)
YOU filed for a foreign patent more than one year before you filed in the US and the foreign patent issued BEFORE YOU FILED in US
What if a to-be-published foreign application contains less than 100% of an unpublished US application?
Patentee may send PTO a redacted application for publiction within 16 months of earliest filing date
What's the general rule about when you can access a patent file?
Where rights exist, access exists.
What constitutes special circumstances needed for access to an unpublished pending application?
(1) App owner is using patent to interfere with business, (2) Patent relies on app. for priority, (3) application is incorporated by reference into a published patent or application.
MPEP 201.03 When do you need consent of assignee to change inventors on applications?
ACE. 1.48(a) correcting initial error, 1.48(c) adding new inventor with new claims, 1.48(e) when deleting inventors from provisional.
What can you do if you patent issuance has been delayed because of an appeal to the Board or to a court, or because of an interference or secrecy order?
Apply for a 5 year extension.
MPEP: When can you properly withdraw if there is an deadline pending?
Must allow at least 30 days in response period.
If you submit a redacted application, can you also redact the wrapper?
Yes, but if you don't timely submit redacted copies of the wrapper, PTO provides the complete wrapper.
T/F: All issued patent files and published application files are not available to the public?
FALSE! They're issued and public and therefore available to the public!
"Rule __" is short for what?
37 CFR 1.__. So Rule 48 is 37 CFR 1.48.
When is a fax deemed to have arrived at the PTO?
At the time it was transmited and in the transmitters timezone. EXCEPT FOR ONE TYPE OF FILING.
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