MPEP Q and A Podcast

Question: When does an item of information raise a substantial new question of patentability or SNQ? Answer: An item of…

Question: When must the Demand for international preliminary examination be made? Answer: The Demand must be made prior to the…

Question: List two examples of proper evidentiary basis for a rejection under 35 U.S.C. 171 that a claim is lacking…

Question: Name two ways a patent may be corrected or amended. Answer: A patent may be corrected or amended in…

Question: Name one mechanism in which asexually propagated plants are reproduced. Answer: Asexually propagated plants are those that are reproduced…

Question: Why might the USPTO withdraw an application from issue after payment of the issue fee? Answer: The USPTO might…

Question: Name two examples of situations where there may be a remand by the Board for examiner action that is…

Question: List 2 types of applications that will not be published. Answer: The Office will not publish the following applications:…

Question: What are the most common types of linking claims? Answer: The most common types of linking claims which, if…

Question: List 2 non-structural generic placeholders that may invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, paragraph 6. Answer:…

Question: List two documents a person acting in a representative capacity may not sign. Answer: A person acting in a…

re   Question: List one example of what an oath or declaration must do. Answer: An oath or declaration must:…

Question: Name one item that an applicant may submit, in addition to a statement regarding common ownership as objective evidence…

Question: What is a divisional application? Answer: A divisional application is a later application for an independent or distinct invention,…

Question: Name one circumstance where joint ownership exists. Answer: Joint ownership occurs when any of the following cases exist: Multiple…

Question: Once Office personnel have established the Graham factual findings and concluded that the claimed invention would have been obvious,…

Question: List the 3 categories the elements of an international design application fall into. Answer: The elements of an international…

Question: Who has the authority to grant access to a pending or abandoned application filed on or after September 16, 2012…

Question: List two types of filing fees that are reduced by 50% for small entities. Answer: The fees which are…

Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between…

Question: List two pieces of information regarding the patent that should be submitted when paying the maintenance fee. Answer: The…

Question: Under what conditions will a first application usually be granted a Notice of Allowance and become a patent in…

Question: What must a petition under 37 CFR 1.137 be accompanied by? Answer: Specifically, 37 CFR 1.137(b) provides that a…

Question: How can a patent owner file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request?…

Question: List one of the required elements of a request for ex parte reexamination. Answer: The required elements of a…

Question: What must a request for reinstatement of all or part of the period of adjustment reduced for failing to…

Question: What should a substantial new question of patentability not be based upon? Answer: A substantial new question cannot be…

Question: What must a protestor give the PTO? Answer: A protestor must give the PTO: a listing of the patents,…

Question: Who has a duty to disclose? Answer: The following individuals have a duty to disclose: each inventor each registered…

Question: Name two types of plants that are not patentable. Answer: All plants are patentable except: bacteria those that are…