MPEP Q and A Podcast

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…

Question: Who must a disclaimer be signed by in a patent or a reexamination proceeding? Answer: A disclaimer filed in…

Question: List one procedural step that all international applications go through in the International Searching Authority. Answer: The main procedural…

Question: What must a request for simultaneous issue contain? Answer: The request must contain the following information about each allowed…

Question: What is the term of a utility patent versus the term of a design patent? Answer: The term of…

Question: What are the two separate and distinct requirements of 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, second paragraph?…

Question: List two items which are required in an appeal brief. Answer: The specific items required in an appeal brief…

Question: What is one way an applicant may contest an objection? Answer: An applicant may contest an objection by: asking…

Question: What are the two types of double patenting rejections? Answer: There are generally two types of double patenting rejections.…

Question: List at least one type of filing that third-party submissions may not be directed to. Answer: Third-party submissions may…

Question: List two examples of the type of descriptions of the interest conveyed or transaction to be recorded that can…

Question: What should an Applicant Initiated Interview Request Form include? Answer: An Applicant Initiated Interview Request Form should identify the…

Question: List a situation in which drawings are usually not considered necessary for the  understanding of the invention. Answer: It…

Question: Name two individuals who through written authority may grant access to a provisional application. Answer: In provisional applications, access…