MPEP Q and A Podcast

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…

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

Question: All substantive communications with the Board regarding a proceeding must include all parties to the proceeding, except as otherwise…

Question: What is the difference between sequence listing requirements filed before or after July 1, 2022? Answer: For applications filed…

Question: What should a motion to exclude evidence include? Answer: A motion to exclude evidence should: (a) Identify where in…

Question: A “Sequence Listing XML” may be submitted as a XML file with a “.xml” extension via the USPTO patent…

Question: List two exemplary situations where a certificate of correction under 35 U.S.C. 255 may not be appropriate. Answer: Exemplary situations where…

Question: List the criteria for “Large Tables” that may be submitted in electronic form in ASCII plain text. Answer: “Large…

Question: Which of the following new trial proceedings can the patent owner file a preliminary response for? Answer: The patent…

Question: What are the two aspects every requirement to restrict has? Answer: Every requirement to restrict has two aspects: the…

Question: Who conducts derivation proceedings, inter partes reviews, and post-grant reviews? Answer: The Board is to conduct derivation proceedings, inter…

Question: List two changes the Hague Agreement Article 16(1) provides for in the International Register by the International Bureau. Answer:…

Question: When did the derivation rules go into effect? Answer: The derivation rules went into effect 18 months after AIA…

Question: How should measurements be given within a patent application? Answer: In order to minimize the necessity in the future…

Question: List two situations that are not considered new grounds of rejection? Answer: Where the statutory basis for the rejection…

Question: How may an examiner treat an amendment not fully responsive to a non-final Office action? Answer: An examiner may…

Question: When inconsistent information is given for an application data sheet, what submission will govern control according to 37 CFR…

Question: What are the factual inquiries of obviousness enunciated by the Court? Answer: Obviousness is a question of law based…

Question: What do the provisions of 37 CFR 1.114, request for continued examination, not apply to? Answer: The provisions of…

Question: When will a provisional application be given a filing date? Answer: A provisional application filed on or after December…

Question: List at least 3 special cases (those which are advanced out of turn for examination). Answer: The following is…

Question: Since CPA applications were eliminated for utility and plant applications, what should applicants who wish to continue examination of…

Question: What is the time for reply to a final rejection? Answer: The time for reply to a final rejection…

Question: When does the revocation of a filing receipt license become effective? Answer: The revocation becomes effective on the date…

Question: How can a maintenance fee and any necessary surcharge be made? Answer: The method of payment for the maintenance…

Question: What does a petition under 37 CFR 1.78(b) require? Answer: A petition under 37 CFR 1.78(b) requires: (A) the…

Question: 37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee up to…