MPEP Q & A 22: Required Elements of a Request for Ex Parte Reexamination

MPEP Q & A 182: Characteristics of Ex Parte Reexamination: Question: List one of the basic characteristics of ex parte reexamination. Answer: The basic characteristics of ex parte reexamination are as follows: Anyone can request reexamination at any time during the period of enforceability of the patent; In ex... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 191: Final Rule in the Changes to the Claim Construction Standard: Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 101: Petition for a Derivation Proceeding: Question: What must a petition for a derivation proceeding provide? Answer: In a petition for a derivation proceeding, the petitioner must: (i) identify which application or patent is disputed; and (ii) provide at least one affidavit addressing communi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 70: Three Separate and Distinct Requirements of the Specification: Question: What are the three separate and distinct requirements required of the specification by 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 217: What are the Section 42.23 paragraph (b) Amendments?: Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.23 is amended by revising paragraph (b) to read as follows... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 34: Item an Applicant May Submit as Objective Evidence That Common Ownership Existed: Question: Name one item that an applicant may submit, in addition to a statement regarding common ownership as objective evidence that common ownership existed? Answer: The applicant may submit the following evidence: (A) Reference to assignments recor... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 92: Statutory Requirements to be Met Before Certificate of Correction for an Applicant’s Mistake to Issue: Question: What are the two statutory requirements that must be met before a Certificate of Correction for an applicant’s mistake to issue? Answer: Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mis... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 97: Nonstatutory Double Patenting Rejection Made Under Obviousness Analysis: Question: What must any nonstatutory double patenting rejection made under the obviousness analysis make clear? Answer: Any nonstatutory double patenting rejection made under the obviousness analysis should make clear: (A) The differences between the i... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 228: Who is listed on the assignee section of a patent?: Question: Who will be listed in the assignee section of a patent? Answer: The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or for any patent that is grante... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 144: What Should a Subject Matter Eligibility Rejection Under Step 2 Do?: Question: What should a subject matter eligibility rejection under Step 2 do? Answer: A subject matter eligibility rejection under Step 2 should: Identify the judicial exception by referring to what is recited (i.e., by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 132: What are the Three Separate and Distinct Requirements of the First Paragraph of 35 U.S.C. 112?: Question: What are the three separate and distinct requirements of the first paragraph of 35 U.S.C. 112? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph require that the specification include the following three separate and distinc... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 152: Information an Attorney of Record May Have to Submit in Reply to an Office Action, Reissue Application, or Reexamination Proceeding: Question: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding. List 2 different types of information this may include. Answer: An attorney of record may have to submit ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 20: Details of Substantial New Question of Patentability: Question: What should a substantial new question of patentability not be based upon? Answer: A substantial new question cannot be based upon: prior art expressly relied upon by the examiner during the prosecution prior art which was actually discussed ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 12: Two Separate and Distinct Requirements for 35 U.S.C. 112(b): Question: What are the two separate and distinct requirements of 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, second paragraph? Answer: 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, second paragraph contains two separate and distinct requirements: The first... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 227: What are the requirements for request for a corrected publication?: Question: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 155: Statutes That Grounds for Post-Grant Review May be Raised For: Question: List two statutes that grounds for post-grant review may be raised for. Answer: Grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or printed ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 33: What is a Divisional Application?: Question: What is a divisional application? Answer: A divisional application is a later application for an independent or distinct invention, carved out of a nonprovisional application (including a nonprovisional application resulting from an internati... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 117: Items a ‘Corrective Document’ Must Include?: Question: An error in a recorded assignment document will be corrected by the Assignment Division provided a “corrective document” is submitted. What items must the “corrective document” include? Answer: The “corrective document” must include the follo... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 3: Significant Differences Between Nonprovisional and Provisional Applications: Question: List two significant differences between nonprovisional applications and provisional applications. Answer: The following list includes significant differences between nonprovisional applications and provisional applications: No claim is requi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 102: Earlier Concluded Examination or Review of Patent: Question: What is an earlier concluded examination or review of the patent? Answer: An earlier concluded examination or review of the patent is: (A) the original examination of the application which matured into the patent; (B) the examination of the p... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 174: Submission Types that May Not be Filed Via EFS Web.: Question: List 2 submission types that may not be filed via EFS Web. Answer: The following is a list of submission types that are not permitted to be filed using EFS-Web: Plant patent applications and follow-on documents associated with plant patent ap... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 148: The Duty of Disclosure in Reexamination Proceedings: Question: Who does the duty of disclosure in reexamination proceedings apply to? Answer: The duty of disclosure in reexamination proceedings applies to the patent owner; to each attorney or agent who represents the patent owner, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 267: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing?: Question: What are the four purposes 35 U.S.C. 101 has been interpreted as imposing? Answer: 35 U.S.C. 101 has been interpreted as imposing four purposes. First, 35 U.S.C. 101 limits an inventor to ONE patent for a claimed invention. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 278: Claiming the benefit of a provisional application: Question: What does a petition under 37 CFR 1.78(b) require? Answer: A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e)and 37 CFR 1.78 to the prior-filed provisional application, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action?: Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a contin... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 166: Further Written Opinion Established by the International Preliminary Examining Authority: Question: Name one item any further written opinion established by the International Preliminary Examining Authority should set forth. Answer: Any further written opinion established by the International Preliminary Examining Authority should set forth... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 26: Information Submitted When Paying Maintenance Fee: Question: List two pieces of information regarding the patent that should be submitted when paying the maintenance fee. Answer: The information regarding the patent that should be submitted with the maintenance fee includes: the fee year the amount of ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 186: Name Types of Patents that May Not Use 37 C.F.R. 1.114: Question: Name two types of patents that may not use the provisions of 37 C.F.R. 1.114. Answer: The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents: design patent applications provisional applications applications filed bef... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 19: Items a Protestor Must Give the PTO: Question: What must a protestor give the PTO? Answer: A protestor must give the PTO: a listing of the patents, publications or other information relied upon a copy of each item listed a translation of non-English papers a concise explanation of the rel... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 135: When May the Prior Art Date of a Reference Under Pre-AIA 35 U.S.C. 102(e) be the International Filing Date?: Question: When may the prior art date of a reference under pre-AIA 35 U.S.C. 102(e) be the international filing date? Answer: The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international fil... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 22: Required Elements of a Request for Ex Parte Reexamination

MPEP Q & A 22: Required Elements of a Request for Ex Parte Reexamination

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