Comments on: Examination of Applications (MPEP 700) http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/ Patent Bar Review and Study Guide Fri, 03 Sep 2010 02:34:16 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: KW http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-2307 KW Fri, 14 May 2010 05:30:08 +0000 http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-2307 I noticed this discrepancy as well. In the April 2003 exam, the answer to this question was that it would require a fee because the CFR (1.102(c)...http://mpep.patentbargroup.com/pdf/mpep_e8r2_appxr_508.pdf) at that time did not list "countering terrorism" as an exception. The current version does not require a fee. I noticed this discrepancy as well. In the April 2003 exam, the answer to this question was that it would require a fee because the CFR (1.102(c)…http://mpep.patentbargroup.com/pdf/mpep_e8r2_appxr_508.pdf) at that time did not list “countering terrorism” as an exception. The current version does not require a fee.

]]> By: JP http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-1207 JP Thu, 09 Jul 2009 08:02:55 +0000 http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-1207 Thanks for sharing this great outline with everyone! Re: section on revivals and terminal disclaimers. A part of the section may be misleading or incorrect if I understand the revival requirements in 37 CFR 1.137(d). I think both the terminal disclaimer and accompanying fee apply only if it’s a design patent OR other patent app filed before 19950608. According to the outline: Under 37 CFR 1.137(d) the petition needs to have a terminal disclaimer (remember a terminal disclaimer will shorten the life of the patent from the normal 20 years from filing time). o This disclaimer fee only applies to design patents OR other patent apps that were filed before June 8, 1995 (modern apps do not need the disclaimer fee anymore) Thanks for sharing this great outline with everyone!

Re: section on revivals and terminal disclaimers. A part of the section may be misleading or incorrect if I understand the revival requirements in 37 CFR 1.137(d). I think both the terminal disclaimer and accompanying fee apply only if it’s a design patent OR other patent app filed before 19950608.

According to the outline:
Under 37 CFR 1.137(d) the petition needs to have a terminal disclaimer (remember a terminal disclaimer will shorten the life of the patent from the normal 20 years from filing time).
o This disclaimer fee only applies to design patents OR other patent apps that were filed before June 8, 1995 (modern apps do not need the disclaimer fee anymore)

]]> By: DY http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-1206 DY Tue, 24 Mar 2009 03:40:31 +0000 http://mypatentbar.com/2007/12/05/examination-of-applications-mpep-700/#comment-1206 Re: as per inventions aiding in the countering of terrorism requiring a fee to make special: as per MPEP 708.02, I don't think this is the case (they don't seem to require a fee): (c) A petition to make an application special may be filed without a fee if the basis for the petition is: (1) The applicant’s age or health; or (2) That the invention will materially: (i) Enhance the quality of the environment; (ii) Contribute to the development or conservation of energy resources; or (iii) Contribute to countering terrorism.< Re: as per inventions aiding in the countering of terrorism requiring a fee to make special: as per MPEP 708.02, I don’t think this is the case (they don’t seem to require a fee):

(c) A petition to make an application special may be filed without a fee if the basis for the petition is:
(1) The applicant’s age or health; or
(2) That the invention will materially:
(i) Enhance the quality of the environment;
(ii) Contribute to the development or conservation of energy
resources; or
(iii) Contribute to countering terrorism.<

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