MPEP Q and A Podcast

Question: What was Section 42.208 paragraph (c) amended to in the supplement entitled: Amendments to the Rules of Practice for…

Question: When may the OPAP object to and require corrected drawings within a set time period? Answer: The OPAP may…

Question: What is the issue of correlation as related to matters of invitro/in vivo? Answer: The answer to this question…

Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for…

Question: What is the time limit for establishing the International Search Report and the Written Opinion of the International Searching…

Question: When did the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal…

Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal…

Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of…

Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal…

Question: When may an abandoned application be used as prior art? Answer: An abandoned patent application may become evidence of…

Question: What is the executive summary of the PDF titled ‘Amendments to the Rules of Practice for Trials Before the…

Question: Does a copy of an oath or declaration from a prior application need to be submitted with a continuation…

Question: Is it possible to file a petition to make an application special without a fee? Answer: A petition to…

Question: When can a practitioner enter into a business transaction with a client or knowingly acquire an ownership, possessory, security…

Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication…

Question: What is the meaning of claims limited to species? Answer: Claims are definitions or descriptions of inventions. Claims themselves are…

Question: What is the definition of a national application as described in chapter 200 of the MPEP? Answer: A national…

Question: Should a dependent claim that does not specify a further limitation of the subject matter claimed be rejected under…

Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in…

Question: Is a drawing an essential element of a design patent application? Answer: Every design patent application must include either…

Question: When is a drawing usually not considered necessary for the understanding of an invention under 35 USC 113 (first…

Question: What is the difference between applicant information, correspondence information, and application information? Answer: Applicant information includes the name, residence,…

Question: What does the Office need at the time of receipt in order to accord the international filing date the…

Question: What must a petition for an unintentionally delayed claim be filed with? Answer: A petition for an unintentionally delayed…

Question: How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO? Answer:…

Question: What should a petition for retroactive license include? Answer: A petition for retroactive license shall include: (1) A listing…

Question: Can a petition under 37 CFR 1.138(c) stop publication of an application? Answer: A petition under 37 CFR 1.138(c)…

Question: Does the petition to make special apply to patent applications for inventions dealing with energy resources? Answer: The U.S.…

Question: How can a provisional obviousness rejection be overcome? Answer: A provisional obviousness rejection can be overcome by: Arguing patentability…

Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings…