Entries by Editorial Staff

MPEP Q & A 9: Two Types of Double Patenting Rejections

Question: What are the two types of double patenting rejections? Answer: There are generally two types of double patenting rejections. One is the “same invention” type double patenting rejection based on 35 U.S.C. 101 which states in the singular that an inventor “may obtain a patent.” The second is the “nonstatutory-type” double patenting rejection based […]

MPEP Q & A 8: Filings Third-Party Submissions May Not Be Directed To

Question: List at least one type of filing that third-party submissions may not be directed to. Answer: Third-party submissions may not be directed to: provisional applications, issued patents, reissue applications, and reexamination proceedings. Chapter Details: The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers the Statutory Invention […]

MPEP Q & A 7: Type of Descriptions of the Interest Conveyed or the Transaction to Be Recorded

Question: List two examples of the type of descriptions of the interest conveyed or transaction to be recorded that can be identified. Answer: Examples of the type of descriptions of the interest conveyed or transaction to be recorded that can be identified are: assignment; security agreement; merger; change of name; license; foreclosure; lien; contract; and […]

MPEP Q & A 6: Applicant Initiated Interview Request Forms

Question: What should an Applicant Initiated Interview Request Form include? Answer: An Applicant Initiated Interview Request Form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed. Chapter Details: The […]

MPEP Q & A 4: Written Authority to Grant Access to a Provisional Application

Question: Name two individuals who through written authority may grant access to a provisional application. Answer: In provisional applications, access will only be given to parties with written authority from the following: a named inventor the assignee of record the attorney or agent of record or, for an application filed on or after September 16, […]

MPEP Q & A 3: Significant Differences Between Nonprovisional and Provisional Applications

Question: List two significant differences between nonprovisional applications and provisional applications. Answer: The following list includes significant differences between nonprovisional applications and provisional applications: No claim is required in a provisional application. No oath or declaration is required in a provisional application. Provisional applications will not be examined for patentability. A provisional application is not […]

MPEP Q & A 2: Correspondence That May Not be Transmitted by Facsimile

Question: Name two types of correspondence that may not be transmitted by facsimile. Answer: Facsimile transmissions are not permitted and, if submitted, will not be accorded a date of receipt in the following situations: A document that is required by statute to be certified A national patent application specification and drawing (provisional or nonprovisional) or […]

MPEP Q & A 1: Major Types of Patent Status

Question: What are the 3 major types of patent status? Answer: The 3 major types of patent status include: pending applications, abandoned applications, and issued patents. Chapter Details: The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing. The question and […]

2015 Patent Statistics: An In-Depth Look in Charts and Graphs

Patents are big business for individuals, corporations, and even governments. According to USPTO sources, 325,979 patents were granted in 2015. The following article delves into more details on 2015 patent statistics in charts and graphs. Table of Contents: 1. Patent Types 2. Utility Patents 2.1 U.S. vs. Foreign Origination 2.2 Top Patent Producing Countries 2.3 […]