Patent Bar Mpep Q & A Podcast

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.

Question: What does application information include? Answer: Application information includes the title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, and the type of application (e.g., utility, plant, design, reissue, provisional). Chapter Details: The answer to this […] The post MPEP Q & A 350: What does application information include? appeared first on Patent Education Series.

Question: As of December 29. 2022, list 3 fees that are reduced by 60 percent for small entities? Answer: As of December 29. 2022, the following fees are reduced by 60 percent for small entities: patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees; […] The post MPEP Q & A 349: List 3 fees that are reduced by 60 percent for small entities. appeared first on Patent Education Series.

Question: Give 3 examples of asexually propagated plants. Answer: Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, apomictic seeds, bulbs, division, slips, rhizomes, runners, corms, tissue culture, nucellar embryos, etc. Chapter Details: The answer to this question […] The post MPEP Q & A 348: Give 3 examples of asexually propagated plants. appeared first on Patent Education Series.

Question: What rule are design practitioners registered under and what can they practice in? Answer: Design patent practitioners are registered under 37 C.F.R. 11.6(d) and can only practice in design patent matters. In contrast, patent practitioners registered under 37 C.F.R. 11.6(a)-(c) can practice in all patent matters, which includes design patent matters. Chapter Details: The […] The post MPEP Q & A 347: What rule are design practitioners registered under and what can they practice in? appeared first on Patent Education Series.

Question: When is a Sequence Listing XML required? Answer: When an application filed under 35 U.S.C. 111(a) having a filing date on or after July 1, 2022, or an application which entered the national stage, having an international filing date on or after July 1, 2022, contains disclosure of nucleotide and/or amino acid sequences, a […] The post MPEP Q & A 346: When is a Sequence Listing XML required? appeared first on Patent Education Series.

Question: List two types of individuals that affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made by. Answer: Affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 must be made by either: […] The post MPEP Q & A 345: List two types of individuals that affidavits filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made by. appeared first on Patent Education Series.

Question: How can an applicant overcome a statutory double patenting rejection? Answer: A terminal disclaimer cannot be filed to obviate a statutory double patenting rejection. A statutory double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. A complete response to a statutory double […] The post MPEP Q & A 344: How can an applicant overcome a statutory double patenting rejection? appeared first on Patent Education Series.