MPEP Q and A Podcast

Question: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing? Answer: 35 U.S.C. 101 has been…

Question: Name one advantage a CPA has compared to a continuation or divisional application filed under 37 CFR 1.53(b). Answer:…

Question: What is the second part of the Alice/Mayo test often referred to as? Answer: The second part of the Alice/Mayo test is…

Question: How do examiners evaluate integration into a practical application? Answer: Examiners evaluate integration into a practical application by: (1)…

Question: How is the markedly different characteristics analysis performed? Answer: The markedly different characteristics analysis compares the nature-based product limitation…

Question: Give an example of a claim that does not recite mental processes because it cannot be practically performed in…

Question: What is meant by a fundamental economic practice or principle? Answer: The courts have used the phrases “fundamental economic…

Question: Can an inventor apply for a patent jointly even when they did not physically work together or at the…

Question: What type of applications and proceedings may submit photographs, color drawings, grayscale drawings, and other drawings that are not…

Question: When do members of a Markush group share a ‘single structural similarity’? Answer: Members of a Markush group share…

Question: What must a statement under 37 CFR 1.97(e) state? Answer: A statement under 37 CFR 1.97(e) must state either;…

Question: What must a claim in dependent form contain? Answer: A claim in dependent form shall contain: (i) a reference…

Question: When the online fee payment in EFS-Web is unavailable, what types of submissions cannot be filed via EFS-Web, since…

Question: What are the benefits of filing a nonprovisional application claiming the benefit of the filing date of the provisional…

Question: What are examples of situations where ownership must be established? Answer: Examples of situations where ownership must be established…

Question: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55? Answer:…

Question: What are the enumerated groupings of abstract ideas defined as? Answer: The enumerated groupings of abstract ideas are defined…

Question: When is a protest considered timely? Answer: A protest is timely if (1) filed prior to the date the…

Question: If a published patent application is pending and it is not maintained in the IFW system, will the paper…

Question: How is the effective filing date of a claimed invention determined? Answer: The effective filing date of a claimed…

Question: How can correspondence filed via the Office electronic filing system be signed? Answer: Correspondence filed via the Office electronic…

Question: Who may the substitute statement be signed by for a juristic entity? Answer: The answer to this question can…

Question: List two reasons why an international application filed with, or forwarded to, the International Bureau would not need a…

Question: If the maintenance fee is due prior to the issuance of a reissue patent, what will paying the maintenance…

Question: What is an example of a situation that does not define “substantial utilities”: Answer: The following are examples of…

Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double…

Question: List two concepts and products the courts have identified as examples of laws of nature or natural phenomena. Answer:…

Question: Name one example of non-limiting claims not directed to any of the statutory categories. Answer: Non-limiting examples of claims…

Question: Who is the applicant for a patent? Answer: The applicant for patent is all parties identified as the applicant…

Question: What is a mathematical relationship? Answer: A mathematical relationship is a relationship between variables or numbers. A mathematical relationship…