MPEP Q and A Podcast

Question: Is a provisional application that is relied upon for priority in a U.S. patent and is abandoned available through…

Question: Does the new ground of rejection raised by the Board in an appeal reopen prosecution? Answer: The new ground…

Question: Name two items the Technology Center will verify when a Request for Continuing Examination is initially processed. Answer: An…

Question: What non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period? Answer: The…

Question: What are the reasons for insisting upon a restriction? Answer: Every requirement to restrict has two aspects: (A) the reasons…

Question: What information should also be submitted for each patent on which a maintenance fee or surcharge is paid? Answer:…

Question: What applications count for the filing limits for the purposes of establishing micro entity status under the “gross income”…

Question: List two pieces of information that should be placed on the first page of a protest. Answer: Each protest…

Question: Name at least two items that must be submitted when adding a “Sequence Listing” after the application filing date.…

Question: Where a restriction (including an election of species) requirement was made in an application and applicant permitted the elected…

Question: What type of Demand will prevent an international application designating the U.S. to enter the national stage via the…

Question: What are the factual inquiries related to obviousness that the Court enunciates? Answer: Obviousness is a question of law…

Question: What are the three types of designs the language “new, original and ornamental design for an article of manufacture” has…

Question: What three items must any assignment-related document for patent matters submitted by facsimile include? Answer: Any assignment-related document for…

Question: Name two requirements of an oath or declaration under section 37 CFR 1.63? Answer: An oath or declaration under…

Question: How can you determine whether the original patent requirement is satisfied in a reissue application? Answer: Examiners should review…

Question: If an application by joint inventors includes more than one independent and distinct invention, and restriction is required, is…

Question: List two examples of situations that require or constitute carrying out further research to identify or reasonably confirm a…

Question: When an examiner concludes that no substantial new question of patentability has been raised, they will prepare a decision…

Question: Once the issue fee has been paid, list two reasons why the Office will withdraw the application from issue…

Question: List two General Plastic non-exclusive factors. Answer: The General Plastic non-exclusive factors include the following: Whether the same petitioner…

Question: List two requirements for a petition for suspension of action under 37 CFR 1.103(a). Answer: A petition for suspension of…

Question: The three-month period in 37 CFR 1.704(b) applies to the Office notices and letters issued as part of the pre-examination processing…

Question: List two requirements for adding a “Sequence Listing” after the application filing date? Answer: Adding a “Sequence Listing” after…

Question: What type of arguments should a patent owner preliminary response include? Answer: A patent owner preliminary response may include…

Question: When are electronic means or medium for filing IDSs permitted? Answer: As shown in chapter 600 … Electronic means…

Question: Where a petitioner files a motion to seal with the petition that seeks entry of a protective order other…

Question: What must the supplemental search fee be accompanied by in addition to the payment? Answer: As shown in chapter…

Question: What does routine discovery include? Answer: Routine discovery includes: Production of any exhibit cited in a paper or testimony;…

Question: What should a request for a certificate of correction filed via the patent electronic filing system use as the…