MPEP Q & A 76: Filing a Petition for a Covered Business Method Patent Review

MPEP Q & A 83: Filing a Petition to Institute a Post-Grant Review: Question: Who may file a petition to institute a post-grant review? Answer: A person who is not the patent owner may file a petition to institute a post-grant review, unless the petitioner or real party-in-interest had already filed a civil action chal... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 147: Post-Grant Reviews and Civil Actions: Question: Can a post-grant review be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent? Answer: No, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 128: Individuals Who May Sign the Power of Attorney for Applications Filed On or After September 16, 2012: Question: Who must sign the power of attorney for applications filed on or after September 16, 2012? Answer: For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent or the patent owner (for ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 55: Obtaining Permission to File a Patent Application Abroad: Question: What are the two ways in which permission to file a patent application abroad may be obtained? Answer: The two ways in which permission to file a patent application abroad may be obtained include: either a petition for a foreign filing licens... 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 120: What May an Applicant do in Response to a Rejection Based on Failure to Claim Patent-Eligible Subject Matter?: Question: What may an applicant do in response to a rejection based on failure to claim patent-eligible subject matter? Answer: In response to a rejection based on failure to claim patent-eligible subject matter, applicant may: Amend the claim, e.g., by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 107: Times When Explicit Petitions for Foreign Filing Licenses May Be Considered by Applicants: Question: Name two times when an applicant may want to consider an explicit petition for foreign filing licenses. Answer: Explicit petitions for foreign filing licenses may be considered by applicants when: the filing receipt license is not granted; th... 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 207: When Can a Practitioner Enter a Business Transaction with a Client: Question: When can a practitioner enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client? Answer: A practitioner shall not enter into a business transactio... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 129: How Applicants Can Rebut a Prima Facie Case of Obviousness Based on Overlapping Ranges?: Question: How can applicants rebut a prima facie case of obviousness based on overlapping ranges? Answer: Applicants can rebut a prima facie case of obviousness based on overlapping ranges by showing the criticality of the claimed range. In addition, 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 90: Conditions an Examiner Should Check for Before Requiring Applicant to Add Claim to Provoke Interference: Question: What 5 conditions should an examiner check for before requiring an applicant to add a claim to provoke an interference? Answer: The 5 conditions an examiner should check for before requiring an applicant to add a claim to provoke an interfere... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 167: When Must Applicants Timely File a Notice of Foreign Filing to Avoid Abandonment of a U.S. Application?: Question: Name one circumstance where applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application. Answer: Applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 250: What are examples of situations where ownership must be established?: Question: What are examples of situations where ownership must be established? Answer: Examples of situations where ownership must be established are when the assignee who is not the applicant: signs a request for status of an application or gives a po... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 114: Individuals Who May Grant Written Authority to Status Information: Question: Name 2 individuals who may grant written authority to status information in a non-published, pending or abandoned application. Answer: A non-published, pending or abandoned application containing written authority granting access to the reque... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 35: Example of What an Oath or Declaration Must Do: re Question: List one example of what an oath or declaration must do. Answer: An oath or declaration must: identify the inventor or joint inventor executing the oath or declaration by his or her legal name; identify the application to which it is dir... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 88: What the Patent Prosecution Highway Attempts to Accomplish: Question: What does the Patent Prosecution Highway or PPH attempt to accomplish? Answer: The Patent Prosecution Highway, or PPH enables an applicant who receives a positive ruling on patent claims from one participating office to request accelerated pr... 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 213: Can Attorney Arguments Take the Place of Evidence?: Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate affi... 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 116: Consequence That May Result Where Patent Owner Fails to Make Timely Appeal After the Issuance of a Right of Appeal Notice: Question: What is one consequence that may result where the patent owner fails to make a timely appeal after the issuance of a Right of Appeal Notice, or where a timely patent owner’s appeal is subsequently dismissed? by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 295: Which of the new trial proceedings can the patent owner file a preliminary response for?: Question: Which of the following new trial proceedings can the patent owner file a preliminary response for? Answer: The patent owner is afforded an opportunity to file a preliminary response for inter partes review (IPR), postgrant review (PGR), by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 96: When a Nonpublication Request is Not Appropriate: Question: When is a nonpublication request not appropriate? Answer: A nonpublication request is not appropriate if applicants have already filed a counterpart foreign or international application in another country, 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 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 163: What are the Most Common Basis for Filing a Reissue Application?: Question: What are the most common basis for filing a reissue application? Answer: The most common bases for filing a reissue application are: the claims are too narrow or too broad; the disclosure contains inaccuracies; applicant failed to or incorrec... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 95: What an Examiner May Do After Considering the Issues on Appeal: Question: What may an examiner do after he or she has considered the issues on appeal? Answer: After an appeal brief has been filed and the examiner has considered the issues on appeal, the examiner may: reopen prosecution to enter a new ground of reje... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 177: Revealing Information Relating to the Representation of a Client When the Client has Not Given Informed Consent: Question: Can a patent practitioner ever reveal information relating to the representation of a client when the client has not given informed consent? Answer: Yes, a practitioner may reveal information relating to the representation of a client to the ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 151: Situations Where a Practitioner May Withdraw From Representing a Client According to 37 C.F.R. 11.116: Question: List two situations where a practitioner may withdraw from representing a client according to 37 C.F.R. 11.116. Answer: A practitioner may withdraw from representing a client if: Withdrawal can be accomplished without material adverse effect ... 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 76: Filing a Petition for a Covered Business Method Patent Review

MPEP Q & A 76: Filing a Petition for a Covered Business Method Patent Review

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