MPEP Q & A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act

MPEP Q & A 7: Type of Descriptions of the Interest Conveyed or the Transaction to Be Recorded: Question: List two examples of the type of descriptions of the interest conveyed or transaction to be recorded that can be identified. Answer: Examples of the type of descriptions of the interest conveyed or transaction to be recorded that can be ident... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 10: Contesting an Objection: Question: What is one way an applicant may contest an objection? Answer: An applicant may contest an objection by: asking the examiner to reconsider it. filing a petition to the Commissioner. Chapter Details: The answer to this question can be found in... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 1: Major Types of Patent Status: Question: What are the 3 major types of patent status? Answer: The 3 major types of patent status include: pending applications, abandoned applications, and issued patents. Chapter Details: The answer to this question can be found in chapter 100 of the... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 13: Term of Utility vs. Design Patent: Question: What is the term of a utility patent versus the term of a design patent? Answer: The term of a utility patent on an application filed on or after June 8, 1995 is 20 years measured from the U.S. filing date; or if the application contains a sp... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 2: Correspondence That May Not be Transmitted by Facsimile: Question: Name two types of correspondence that may not be transmitted by facsimile. Answer: Facsimile transmissions are not permitted and, if submitted, will not be accorded a date of receipt in the following situations: A document that is required by... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 17: Plants That are Not Patentable: Question: Name two types of plants that are not patentable. Answer: All plants are patentable except: bacteria those that are tuber propagated plants that are not invented or discovered in a cultivated state and asexually reproduced plants that are not... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 9: Two Types of Double Patenting Rejections: Question: What are the two types of double patenting rejections? Answer: There are generally two types of double patenting rejections. One is the “same invention” type double patenting rejection based on 35 U.S.C. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 24: Petitions Under 37 CFR 1.137: Question: What must a petition under 37 CFR 1.137 be accompanied by? Answer: Specifically, 37 CFR 1.137(b) provides that a grantable petition pursuant to 37 CFR 1.137 must be accompanied by: The reply required to the outstanding Office action or notice... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 21: Request for Reinstatement of All or Part of the Period of Adjustment: Question: What must a request for reinstatement of all or part of the period of adjustment reduced for failing to reply to a rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifyi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 6: Applicant Initiated Interview Request Forms: Question: What should an Applicant Initiated Interview Request Form include? Answer: An Applicant Initiated Interview Request Form should identify the participants of the interview, the proposed date of the interview, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 11: Items Required in an Appeal Brief: Question: List two items which are required in an appeal brief. Answer: The specific items required in an appeal brief are: (i) Real party in interest. (ii) Related appeals, interferences, and trials. (iii) Summary of claimed subject matter. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 4: Written Authority to Grant Access to a Provisional Application: Question: Name two individuals who through written authority may grant access to a provisional application. Answer: In provisional applications, access will only be given to parties with written authority from the following: a named inventor the assign... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 54: Who Interferences May be Provoked By: Question: Who may provoke an interference? Answer: Interferences may be provoked by: an examiner an applicant Chapter Details: The answer to this question can be found in chapter 2300 of the MPEP. This chapter covers Interference Proceedings. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 29: Access to a Pending or Abandoned Application Filed On or After September 16, 2012: Question: Who has the authority to grant access to a pending or abandoned application filed on or after September 16, 2012 that is in confidence? Answer: For applications filed on or after September 16, 2012, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 8: Filings Third-Party Submissions May Not Be Directed To: Question: List at least one type of filing that third-party submissions may not be directed to. Answer: Third-party submissions may not be directed to: provisional applications, issued patents, reissue applications, and reexamination proceedings. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 5: Situations in Which Drawings are Not Considered Necessary: Question: List a situation in which drawings are usually not considered necessary for the understanding of the invention. Answer: It has been USPTO practice to treat an application that contains at least one process or method claim as an application f... 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 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 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 14: Request for Simultaneous Issue: Question: What must a request for simultaneous issue contain? Answer: The request must contain the following information about each allowed application for which simultaneous issue is requested; application number, filing date, name(s) of inventor(s), by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 16: Signature Required for Disclaimer in Patent or Reexamination Proceeding: Question: Who must a disclaimer be signed by in a patent or a reexamination proceeding? Answer: A disclaimer filed in a patent or a reexamination proceeding must be signed by either: the patentee (the assignee, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 18: Duty to Disclose: Question: Who has a duty to disclose? Answer: The following individuals have a duty to disclose: each inventor each registered practitioner each assignee every other person who is substantially involved in the preparation or prosecution of the applicat... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 15: Procedural Step for International Applications Going Through the International Searching Authority: Question: List one procedural step that all international applications go through in the International Searching Authority. Answer: The main procedural steps that any international application goes through in the International Searching Authority are: ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 57: Government Organizations that Cannot Qualify as Nonprofit Organizations: Question: List two types of government organizations that cannot qualify as a nonprofit organization. Answer: Government organizations, whether domestic or foreign, cannot qualify as nonprofit organizations. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 23: Response to a Notice of Noncompliant Supplemental Examination Request: Question: How can a patent owner file a corrected request in response to a Notice of Noncompliant Supplemental Examination Request? Answer: The patent owner has one opportunity to file a corrected request in response to a Notice of Noncompliant Supplem... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 31: Applicant Action After Invention is Found Obvious: Question: Once Office personnel have established the Graham factual findings and concluded that the claimed invention would have been obvious, what must the applicant do? Answer: Once Office personnel have established the Graham factual findings and co... 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 52: Due Dates for Paying the Maintenance Fee Without a Surcharge: Question: What are the due dates for paying the maintenance fee without a surcharge? Answer: Due dates for paying without a surcharge are as follows: 3 to 3.5 years after date of issue for first maintenance fee payment 7 to 7. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 41: Withdrawing an Application From Issue After Payment of the Issue Fee: Question: Why might the USPTO withdraw an application from issue after payment of the issue fee? Answer: The USPTO might withdraw an application from issue after payment of the issue fee due to: (1) a mistake on the part of the Office: (2) a violation ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 28: Filing Fees Reduced by 50% for Small Entities: Question: List two types of filing fees that are reduced by 50% for small entities. Answer: The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act

MPEP Q & A 27: Difference Between AIA 35 USC 102(c) and the CREATE Act

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