MPEP Q & A 288: How may an examiner treat an amendment not fully responsive to a non-final Office action?

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 277: Exceptions to extensions of time: Question: 37 CFR 1.136(a) permits an applicant to file a petition for extension of time and a fee up to 5 months after the end of the time period set to take action except during which circumstances? Answer: 37 CFR 1. by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 194: Stop the Publication of an Application: Question: Can a petition under 37 CFR 1.138(c) stop publication of an application? Answer: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in suffi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 281: Time for reply to final rejection: Question: What is the time for reply to a final rejection? Answer: The time for reply to a final rejection is as follows: (A) All final rejections setting a 3-month shortened statutory period (SSP) for reply should contain a form paragraph advising app... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 270: Once an appellant has filed a notice of appeal, what situations may that appellant request that prosecution be reopened for?: Question: Once an appellant has filed a notice of appeal, what situations may that appellant request that prosecution be reopened for? Answer: Once appellant has filed a notice of appeal, appellant also may request that prosecution be reopened for the ... by Patent Bar MPEP Q & A Podcast

3 min listen

MPEP Q & A 77: Conclusion of an Inter Partes Reexamination Proceeding: Question: List one of the ways an inter partes reexamination proceeding may be concluded. Answer: Inter partes reexamination proceedings may be concluded in one of three ways: The prosecution of the reexamination proceeding may be brought to an end, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 67: First Step of the Recapture Rule: Question: What is the first step of the three-step process for the recapture rule? Answer: The first step of the three-step process for the recapture rule is: (1) first, we determine whether, and in what respect, 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 165: When Patent Owner Fails to File Timely Response to Any Office Action Prior to an Action Closing Prosecution (ACP): Question: List one consequence for when the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP). Answer: If the patent owner fails to file a timely response to any Office action prior to an Act... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 141: Issues That Must be Completed During the Examination Before an Interference May be Called: Question: What are the three major issues that must be completed during the examination before an interference may be called? Answer: The three major issues that must be completed during the examination are: All pending claims must be allowed, by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 185: What Must an Application Filed Under 37 CFR 1.53(d) be Filed Before the Earliest Of?: Question: What must an application filed under 37 CFR 1.53(d) be filed before the earliest of? Answer: An application filed under 37 CFR 1.53(d) must be filed before the earliest of: (A) payment of the issue fee on the prior application, 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 85: Board on Deferring Action on a Petition for a Derivation Proceeding: Question: Can the Board defer action on a petition for a derivation proceeding? Answer: The Patent Trial and Appeal Board may defer action on a petition for a derivation proceeding until the expiration of the 3-month period beginning on the date on whi... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 206: Requirements for an Applicant to Rescind Nonpublication Requests: Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must: Identify the application to which it i... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 202: Components of Examiner’s Answer in an Appeal: Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. by Patent Bar MPEP Q & A Podcast

5 min listen

MPEP Q & A 266: Name one advantage a CPA has compared to a continuation or divisional application: Question: Name one advantage a CPA has compared to a continuation or divisional application filed under 37 CFR 1.53(b). Answer: A CPA has a number of advantages compared to a continuation or divisional application filed under 37 CFR 1.53(b). 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 268: What should the examiner do?: Question: If the Board affirms a rejection against independent claim 1, reverses all rejections against dependent claim 2 and claim 3 is allowed, after expiration of the period for further appeal, what should the examiner do? by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 81: Items Applicant’s Must Establish Under 35 USC 156: Question: List one item the applicant must establish under 35 U.S.C. 156(a)(1)-(5). Answer: 35 U.S.C. 156(a)(1)-(5) require that the applicant establish that: (1) the patent has not expired before an application under 35 U.S.C. 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 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?: Question: What must a petition for an unintentionally delayed claim be filed with? Answer: A petition for an unintentionally delayed claim must be accompanied by: (A) the reference required by 35 U.S.C. 120 and 37 CFR 1. 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 59: Concluding an Ex Parte Reexamination Proceeding: Question: What is one way an ex parte reexamination proceeding may be concluded? Answer: Ex parte reexamination proceedings may be concluded in one of four ways: The prosecution of the proceeding may be brought to an end, by Patent Bar MPEP Q & A Podcast

5 min listen

MPEP Q & A 126: Time When a Third Party Submission Must be Made: Question: When must a third party submission be made? Answer: A third-party submission must be filed prior to the earlier of: The date a notice of allowance is given or mailed in the application; or The later of: (i) Six months after the date on which ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 249: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55?: Question: What happens if a claim for foreign priority is presented after the time period set in 37 CFR 1.55? Answer: If a claim for foreign priority is presented after the time period set in 37 CFR 1.55, the claim may be accepted if it is accompanied ... by Patent Bar MPEP Q & A Podcast

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MPEP Q & A 122: Advantages of Filing a CPA Compared to a Continuation or Divisional Application: Question: List an advantage of filing a CPA compared to a continuation or divisional application. Answer: The following list includes advantages of filing a CPA compared to a continuation or divisional application: The papers required to be filed in 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 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 105: Petition Fee Requirements For Participation in the PPH: Question: For participation in the Global/IP5 PPH pilot program at the USPTO, does the applicant need to submit a petition fee under 37 C.F.R. 1.17(h). Answer: No, for participation in the Global/IP5 PPH pilot program at the USPTO, 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

3 min listen

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MPEP Q & A 288: How may an examiner treat an amendment not fully responsive to a non-final Office action?

MPEP Q & A 288: How may an examiner treat an amendment not fully responsive to a non-final Office action?

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