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Question: What must a request for republication include? Answer: The request for republication must include: a copy of the application in compliance with the Office Electronic Filing System requirements; the publication fee; and the processing fee. Chapter Details: The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers […] The post MPEP Q & A 365: What must a request for republication include? appeared first on Patent Education Series.

Question: Identify two types of applications that are excluded from publication. Answer: An application shall not be published if it is: (A) no longer pending; (B) subject to a secrecy order, that is, publication or disclosure of the application would be detrimental to national security; (C) a provisional application; (D) an application for a design […] The post MPEP Q & A 364: Identify two types of applications that are excluded from publication. appeared first on Patent Education Series.

Question: List two conditions under which a copyright notice may be included in a design patent application. Answer: It is the policy of the U.S. Patent and Trademark Office to permit the inclusion of a copyright notice in a design patent application, and thereby any patent issuing therefrom, under the following conditions: (A) A copyright […] The post MPEP Q & A 363: List two conditions under which a copyright notice may be included in a design patent application. appeared first on Patent Education Series.

Question: List two timely-filed proceedings that the Office will consider an eligible “patent term adjustment reconsideration proceeding” if initiated on or after September 17, 2012. Answer: To allow patentees to take advantage of changes to this provision relating to appellate review, the Office will consider any of the following timely-filed proceedings to be an eligible […] The post MPEP Q & A 362: List two timely-filed proceedings that the Office will consider an eligible “patent term adjustment reconsideration proceeding”. appeared first on Patent Education Series.

Question: List two of the enumerated groupings of abstract ideas. Answer: The enumerated groupings of abstract ideas are defined as: Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations; Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in […] The post MPEP Q & A 361: List two of the enumerated groupings of abstract ideas. appeared first on Patent Education Series.

Question: When will a first application usually be granted a Notice of Allowance and become a patent despite a second application with interfering claims? Answer: A first application will usually be granted a Notice of Allowance and become a patent (in spite of a second application with interfering claims) when all of the following conditions […] The post MPEP Q & A 360: When will a first application usually be granted a Notice of Allowance despite a second application with interfering claims? appeared first on Patent Education Series.

Question: List two conditions where the provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent application publication naming another inventor. Answer: The provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent […] The post MPEP Q & A 359: List two conditions where the provisions of 37 C.F.R. 1.130 may not be available. appeared first on Patent Education Series.

Question: When is correspondence submitted via the USPTO patent electronic filing system accorded a receipt date? Answer: Correspondence submitted via the USPTO patent electronic filing system will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office without regard to whether that date is a […] The post MPEP Q & A 358: When is correspondence submitted via the USPTO patent electronic filing system accorded a receipt date? appeared first on Patent Education Series.

Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: (1) the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the […] The post MPEP Q & A 357: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? appeared first on Patent Education Series.

Question: If a maintenance fee is filed after the 6-month grace period, then what must a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) include? Answer: If a maintenance fee is filed after the 6-month grace period, then a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) must include … (A) […] The post MPEP Q & A 356: What must a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) include? appeared first on Patent Education Series.

Question: List a situation that does not constitute a license so as to prohibit claiming small entity status. Answer: The following situations do not constitute a license so as to prohibit claiming small entity status: a use license to the Government resulting from a rights determination; a use license to the Government resulting from Federal […] The post MPEP Q & A 355: List a situation that does not constitute a license so as to prohibit claiming small entity status. appeared first on Patent Education Series.

Question: Copendency is defined in the clause which requires that the later-filed application must be filed before the occurrence of what? Answer: Copendency is defined in the clause which requires that the later-filed application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the […] The post MPEP Q & A 354: When must copendency be filed before? appeared first on Patent Education Series.

Question: When can claims be finally rejected in a first Office action for a new application? Answer: For a new application, claims may be finally rejected in the first Office action when: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new […] The post MPEP Q & A 353: When can claims be finally rejected in a first Office action for a new application? appeared first on Patent Education Series.

Question: List 3 fees that are reduced by 80 percent for micro entities. Answer: The fees which are reduced by 80 percent for micro entities include: filing fees (nonprovisional and provisional) search fees examination fees issue fees appeal fees for utility design, plant, and reissue patent applications patent maintenance fees including the maintenance fee grace […] The post MPEP Q & A 352: List 3 fees that are reduced by 80 percent for micro entities. appeared first on Patent Education Series.

Question: List 2 situations where RCE provisions do not apply. Answer: The RCE provisions do not apply to: (A) a provisional application; (B) an application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995; (C) an international application filed under 35 U.S.C. 363 before June 8, 1995, or an […] The post MPEP Q & A 351: List 2 situations where RCE provisions do not apply. appeared first on Patent Education Series.