MPEP Q and A Podcast

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…

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…