Comments on: Q) TP Submissions http://mypatentbar.com/2008/08/01/398/ Patent Bar Review and Study Guide Wed, 08 Sep 2010 20:43:39 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: mdavis68 http://mypatentbar.com/2008/08/01/398/#comment-1274 mdavis68 Fri, 29 Jan 2010 00:32:50 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1274 Q) TP Submissions / October 16, 2002 AM, #46 46. ANSWER: (D) is correct. 37 C.F.R. §1.99(e). (D) is correct because 37 C.F.R. § 1.99(e) provides, “A submission under this section must be filed within two months from the date of publication of the application (§ 1.215(a)) or prior to the mailing of a notice of allowance (§ 1.311), whichever is earlier.” Therefore, answer (D) is correct and answers (A), (B), and (C) are incorrect. (E) is wrong because 37 C.F.R. § 1.99(e) recites, “A submission by a member of the public to a pending published application that does not comply with the requirements of this section will be returned or discarded.” Q) TP Submissions / October 16, 2002 AM, #46

46. ANSWER: (D) is correct. 37 C.F.R. §1.99(e). (D) is correct because 37 C.F.R. § 1.99(e) provides, “A submission under this section must be filed within two months from the date of publication of the application (§ 1.215(a)) or prior to the mailing of a notice of allowance
(§ 1.311), whichever is earlier.” Therefore, answer (D) is correct and answers (A), (B), and (C) are incorrect. (E) is wrong because 37 C.F.R. § 1.99(e) recites, “A submission by a member of the public to a pending published application that does not comply with the requirements of this section will be returned or discarded.”

]]> By: Frank L http://mypatentbar.com/2008/08/01/398/#comment-1273 Frank L Thu, 28 Jan 2010 22:12:12 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1273 A third party submission is only applicable to pending PUBLISHED applications. A protest is only applicable to pending applications. A Citation of Prior Art (i.e. for reexam purposes) is only applicable to issued patents. A third party submission is only applicable to pending PUBLISHED applications.

A protest is only applicable to pending applications.

A Citation of Prior Art (i.e. for reexam purposes) is only applicable to issued patents.

]]> By: sethz http://mypatentbar.com/2008/08/01/398/#comment-1272 sethz Fri, 22 Jan 2010 18:23:07 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1272 A third party submission question is in 2002 Oct AM. 46. Which of the following statements relevant to a third party submission in a published patent application accords with proper USPTO practice and procedure? (A) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application. (B) A submission of patents by a member of the public must be made prior to the mailing of a Notice of Allowance. (C) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is later. (D) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is earlier. (E) Any submission not filed within the period set forth in the patent rules will be accepted provided it is accompanied by the processing fee set forth in 37 CFR 1.17(i). An index search of "third party submission" leads you to 1134.01 (CFR 1.99). Verbatim. A third party submission question is in 2002 Oct AM.
46. Which of the following statements relevant to a third party submission in a published patent application accords with proper USPTO practice and procedure?
(A) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application.
(B) A submission of patents by a member of the public must be made prior to the mailing of a Notice of Allowance.
(C) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is later.
(D) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is earlier.
(E) Any submission not filed within the period set forth in the patent rules will be accepted provided it is accompanied by the processing fee set forth in 37 CFR 1.17(i).

An index search of “third party submission” leads you to 1134.01 (CFR 1.99). Verbatim.

]]> By: Min009 http://mypatentbar.com/2008/08/01/398/#comment-1271 Min009 Sat, 05 Dec 2009 01:31:06 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1271 1.99 In a pending application, up to 2 months after publication and before notice of allowance, with consent of applicant thereafter. 1.99

In a pending application, up to 2 months after publication and before notice of allowance, with consent of applicant thereafter.

]]> By: newbee http://mypatentbar.com/2008/08/01/398/#comment-1270 newbee Fri, 29 May 2009 18:04:08 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1270 1134.01 answers the above 1134.01 answers the above

]]> By: passthepatentbar http://mypatentbar.com/2008/08/01/398/#comment-1269 passthepatentbar Fri, 22 May 2009 20:44:14 +0000 http://mypatentbar.com/2008/08/01/398/#comment-1269 I'm assuming TP = third party I’m assuming TP = third party

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