MPEP Q & A 5: Situations in Which Drawings are Not Considered Necessary

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Question:

List a situation in which drawings are usually not considered necessary for the  understanding of the invention.

Answer:

It has been USPTO practice to treat an application that contains at least one process or method claim as an application for which a drawing is not necessary for an understanding of the invention. Other situations in which drawings are usually not considered necessary for the understanding of the invention are:

  • Coated articles or products;
  • Articles made from a particular material or composition;
  • Laminated structures;
  • Articles, apparatus, or systems where sole distinguishing feature is presence of a particular material.

Chapter Details:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers the parts, form and content of the application.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

The answer to this question can be found in chapter 600 of the MPEP. This chapter covers the parts, form and content of the application.

601.01(f)    Applications Filed Without Drawings

An “applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.” Applications filed without drawings are initially inspected to determine whether a drawing is referred to in the specification, and if not, whether a drawing is necessary for the understanding of the invention.

This section covers what happens in instances where the application does not require a drawing as well as those that do require drawings, but was filed without.

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

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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, 2012, an applicant other than an inventor.

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 answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question comes from section 104 of the MPEP.  The following is a brief summary of section 104.

104    Power to Inspect Application

This section discusses who has the authority to grant access to applications. The authority to grant access is different for applications filed before and after September 16, 2012. This section also discusses who may access patent applications (both provisional and nonprovisional) and Board records.

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

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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 entitled to claim priority to any foreign application or the benefit of any earlier filed national application.
  • A design patent application is not entitled to claim the benefit of a provisional application

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers types, cross-noting, and status of application. The question and answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question comes from section 201.01of the MPEP.  The following is a brief summary of section 201.01

201     Types of Applications

An applicant may file a utility, plant or design patent application. This section covers the many different types of applications including national and international patent applications along with the different types of filings (i.e. provisional, nonprovisional, divisional, etc …).

 

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

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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 other correspondence for the purpose of obtaining an application filing date, other than a continued prosecution application;
  • An international application for patent;
  • A copy of the international application and the basic national fee necessary to enter the national stage;
  • A third-party submission.
  • Correspondence relating to registration to practice before the Patent and Trademark Office in patent cases, enrollment and disciplinary investigations, or disciplinary proceedings.
  • Color drawings;
  • A request for reexamination.
  • Correspondence to be filed in a patent application subject to a secrecy order and directly related to the secrecy order content of the application; and
  • Correspondence to be filed in a contested case or trial before the Patent Trial and Appeal Board, except as the Board may expressly authorize;
  • An international design application;
  • A request for supplemental examination.

Chapter Details:

The answer to this question can be found in chapter 500 of the MPEP. This chapter covers the receipt and handling of mail and papers. The question and answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question comes from section 502.01 of the MPEP.  The following is a brief summary of section 502.01.

 

502.01    Correspondence Transmitted by Facsimile

This section covers facsimile transmission including what type of correspondence may be submitted via facsimile and those that may not. The date the complete transmission is received is considered the date of receipt. Transmission on holidays and weekends are also covered. The receipt procedure for filing a CPA by fax is discussed.

MPEP Q & A 1: Major Types of Patent Status

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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 answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question specifically comes from section 101 of the MPEP.  The following is a brief summary of section 101.

 

101  General

Patent applications must be kept confidential. Approved patents, however, are freely open to the public (unless they are under a secrecy order).

There are 3 major types of patent status. These include pending applications, abandoned applications, and issued patents. 37 C.F.R. 1.14 discusses the rules regarding the confidentiality of an application’s status.

In addition, 37 C.F.R. 1.14 covers the confidentiality of patent applications in regards to instances when application status may be revealed to private parties within the public. 35 U.S.C. 122 states the specific times when patent related documents will be published by the PTO.

 

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