Home > Patent Bar MPEP Breakdown > MPEP 1700 MPEP 1700 Miscellaneous Brief Summary: This chapter discusses several miscellaneous topics such as the restrictions placed on former examiners aiding in the writing or prosecution of a patent application. It also…
Home > Patent Bar MPEP Breakdown > MPEP 1600 MPEP 1600 Plant Patents Brief Summary: This chapter provides an overview of plant patents. Note that these patents will only be granted for certain plants. One of the major criteria for…
Home > Patent Bar MPEP Breakdown > MPEP 1500 MPEP 1500 Design Patents Brief Summary: The details of design patents are discussed here. Design patents protect the way an article “looks” as opposed to how an article “works” (which is…
Home > Patent Bar MPEP Breakdown > MPEP 1400 MPEP 1400 Correction of Patents Brief Summary: A reissue application may be filed to correct an error made without any deceptive intent in the original patent. In order to qualify for…
Home > Patent Bar MPEP Breakdown > MPEP 1300 MPEP 1300 Allowance and Issue Brief Summary: Once the decision to allow an application to patent has been made by the PTO, a Notice of Allowance will be sent out to…
Home > Patent Bar MPEP Breakdown > MPEP 1200 MPEP 1200 Appeal Brief Summary: An applicant may appeal to the Patent Trial and Appeal Board when he or she believes their application deserves to be allowed to patent in spite…
Home > Patent Bar MPEP Breakdown > MPEP 1100 MPEP 1100 Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions Brief Summary: Statutory invention registration (SIR) provided inventors with a means for placing their invention in the public domain…
Home > Patent Bar MPEP Breakdown > MPEP 1000 MPEP 1000 Matters Decided by Various U.S. Patent and Trademark Office Officials Brief Summary: An applicant dissatisfied with a decision made by the PTO may file either a petition to the…
Home > Patent Bar MPEP Breakdown > MPEP 900 MPEP 900 Prior Art, Search, Classification, and Routing Brief Summary: This chapter gives a basic overview for patent examiners on how to conduct a prior art search. The prior art section…
Home > Patent Bar MPEP Breakdown > MPEP 800 MPEP 800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting Brief Summary: A restriction may occur when a single application claims two or more independent and distinct inventions within…
Home > Patent Bar MPEP Breakdown > MPEP 700 MPEP 700 Examination of Applications Brief Summary: Learn about the many aspects of the examination process including; appropriate replies to a first Office action, second Office action and final rejections. Rejections…
Home > Patent Bar MPEP Breakdown > MPEP 600 MPEP 600 Parts, Form, and Content of Application Brief Summary: Chapter 600 explicitly describes the contents required for filing an application and gaining a filing date. Detailed descriptions and guidelines for…
Home > Patent Bar MPEP Breakdown > MPEP 500 MPEP 500 Receipt and Handling of Mail and Papers Brief Summary: There are proper methods for sending documents to the PTO in order to insure that the documents are received on…
Home > Patent Bar MPEP Breakdown > MPEP 400 MPEP 400 Representative of Applicant or Owner Brief Summary: Chapter 400 provides an overview of the individuals who are legally capable of helping an inventor file a patent application. The power…
Home > Patent Bar MPEP Breakdown > MPEP 300 MPEP 300 Ownership and Assignment Brief Summary: Inventorship is always granted to the individual who invented the subject matter of the patent. However, the inventor(s) may sell or transfer the rights…
Home > Patent Bar MPEP Breakdown > MPEP 200 MPEP 200 Types and Status of Application; Benefit and Priority Claims Brief Summary: Chapter 200 discusses many important topics. These include the differences between national and international applications and a general…
Home > Patent Bar MPEP Breakdown > MPEP 100 MPEP 100 Secrecy, Access, National Security, and Foreign Filing Brief Summary: This chapter covers the confidentiality of patent applications and patent related documents. The focus is on who may or may…
Question: What are the two aspects every requirement to restrict has? Answer: Every requirement to restrict has two aspects: the reasons (as distinguished from the mere statement of conclusion) why each invention as claimedis either independent or distinct from the…
Question: Who conducts derivation proceedings, inter partes reviews, and post-grant reviews? Answer: The Board is to conduct derivation proceedings, inter partes reviews, and post-grant reviews. Chapter Details: This question comes from the following supplement “Patent Trial and Appeal Board Consolidated…
Question: List two changes the Hague Agreement Article 16(1) provides for in the International Register by the International Bureau. Answer: Hague Agreement Article 16(1) provides for the recording of certain changes in the International Register by the International Bureau, including:…
Question: When did the derivation rules go into effect? Answer: The derivation rules went into effect 18 months after AIA enactment (March 16, 2013). Chapter Details: This question comes from the following supplement “Patent Trial and Appeal Board Consolidated Trial…
Question: How should measurements be given within a patent application? Answer: In order to minimize the necessity in the future for converting dimensions given in the English system of measurements to the metric system of measurements when using printed patents…
Question: List two situations that are not considered new grounds of rejection? Answer: Where the statutory basis for the rejection remains the same, and the evidence relied upon in support of the rejection remains the same, a change in the…
Question: How may an examiner treat an amendment not fully responsive to a non-final Office action? Answer: An examiner may treat an amendment not fully responsive to a non-final Office action by: (A) accepting the amendment as an adequate reply…
Question: When inconsistent information is given for an application data sheet, what submission will govern control according to 37 CFR 1.76(d)(1)? Answer: 37 CFR 1.76(d)(1) provides that the most recent submission will govern (control) with respect to inconsistencies as between…
Question: What are the factual inquiries of obviousness enunciated by the Court? Answer: Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (A) Determining the scope and content…
Question: What do the provisions of 37 CFR 1.114, request for continued examination, not apply to? Answer: The provisions of 27 CFR 1.114, Request for continued examination, do not apply to: (1) A provisional application; (2) An application for a…
Question: When will a provisional application be given a filing date? Answer: A provisional application filed on or after December 18, 2013 will be given a filing date as of the date a specification, with or without claims, is received…
Question: List at least 3 special cases (those which are advanced out of turn for examination). Answer: The following is a list of special cases (those which are advanced out of turn for examination): (A) Applications on inventions that are…
Question: Since CPA applications were eliminated for utility and plant applications, what should applicants who wish to continue examination of the same claimed invention after the prosecution of a utility or plant application is closed consider filing? Answer: Effective July…
