Q) Facsimile Transmissions (10.02.49a)

by Lizzie on April 28, 2009 · 19 comments

in Exam Concepts, Exam Questions

49. In accordance with the MPEP and USPTO rules and procedure, correspondence transmitted to the USPTO by facsimile is not permitted in certain situations. Which of the following facsimile transmissions to the USPTO will be accorded a date of receipt by the USPTO?

(A) Facsimile transmission of a request for reexamination under 37 CFR 1.510 or 1.913.

(B) Facsimile transmission of drawings submitted under 37 CFR 1.81, 1.83 through 1.85, 1.152, 1.165, 1.174, or 1.437.

(C) Facsimile transmission of a response to a Notice of Incomplete Nonprovisional Application for the purpose of obtaining an application filing date.

(D) Facsimile transmission of a correspondence to be filed in a patent application subject to a secrecy order under 37 CFR 5.1 through 5.5 and directly related to the secrecy order content of the application.

(E) Facsimile transmission of a continued prosecution application under 37 CFR 1.53(d) and an authorization to charge the basic filing fee to a deposit account.

49. ANSWER: Choice (E) is the correct answer. MPEP § 502.01, and 37 C.F.R. § 1.6(d)(3).

MPEP § 502.01 reads, “The date of receipt accorded to any correspondence permitted to be sent

by facsimile transmission, including a continued prosecution application (CPA) filed under 37

C.F.R. § 1.53(d), is the date the complete transmission is received by an Office facsimile

unit…An applicant filing a CPA by facsimile transmission must include an authorization to

charge the basic filing fee to a deposit account or to a credit card.” Choice (A) is incorrect

because 37 C.F.R. § 1.6(d) states, “Facsimile transmissions are not permitted and, if submitted,

will not be accorded a date of receipt in the following situations: …(5) A request for

reexamination under §1.510 or § 1.913.” Choice (B) is incorrect because 37 C.F.R. § 1.6(d) also

states, “Facsimile transmissions are not permitted and, if submitted, will not be accorded a date

of receipt in the following situations: …(4) Drawings submitted under §§ 1.81, 1.83 through

1.85, 1.152, 1.165, 1.174, 1.437, 2.51, 2.52, or 2.72.” Choice (C) is incorrect because 37 C.F.R.

§ 1.6(d) also states, “Facsimile transmissions are not permitted and, if submitted, will not be

accorded a date of receipt in the following situations: …(3) Correspondence which cannot

receive the benefit of the certificate of mailing or transmission as specified in 1.8(a)(2)(i)(A)…”

37 C.F.R. § 1.8(a)(2)(i)(A) reads, “The filing of a national patent application specification and

drawing or other correspondence for the purpose of obtaining an application filing date…”

Choice (D) is incorrect because 37 C.F.R. § 1.6(d) also states, “Facsimile transmissions are not

permitted and, if submitted, will not be accorded a date of receipt in the following situations:

…(6) Correspondence to be filed in a patent application subject to a secrecy order under §§ 5.1

through 5.5 of this chapter and directly related to the secrecy order content of the application.”

 

Facsimile transmissions not permitted and, if submitted, will NOT be accorded a date of receipt in the following situations:

1)       Correspondence requiring a person’s signature

2)       filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date,

3)       request for a continued prosecution application under § 1.53(d);

4)       Papers filed in contested cases before the Board of Patent Appeals and Interferences;

5)       The filing of an international application for patent; The filing of a copy of the international application and the basic national fee necessary to enter the national stage

6)       Color drawings

7)       A request for reexamination

8)       Correspondence to be filed in a patent application subject to a secrecy directly related to the secrecy order content of the application

9)       In contested cases before the Board of Patent Appeals and Interferences except as the Board may expressly authorize

 

EXCEPT that a continued prosecution application under § 1.53(d) may be transmitted to the Office by facsimile;

{ 16 comments… read them below or add one }

1 triedandtestedNo Gravatar July 20, 2009 at 7:36 pm

Is # 3) in the list above correct?

MPEP 502.01 says:

An applicant filing a CPA for a design application only by facsimile transmission must include an authorization to charge the basic filing fee to a deposit account or to a credit card, or the application will be treated under 37 CFR 1.53(f) as having been filed without the basic filing fee (as fees cannot otherwise be transmitted by facsimile).

There is a special receipt procedure for filing a CPA by fax, whereby the Office will fax back a receipt of the CPA filing if applicant submits the Office receipt form along with the CPA filing.

Reply

2 AmoubropumpedNo Gravatar October 26, 2010 at 3:20 pm

Hi I’m new here. I am sorry if this this is not the right place for this post but I was wondering If some one
here on mypatentbar.com would be able to assist me to choose the better category. The forums here are absolutely wonderful and
certainly plan on sticking around for as long as I am welcome and learn more from you huys.

Reply

3 AustinNo Gravatar April 2, 2011 at 12:04 pm

It seems B is now correct to because the new MPEP (e8r8) says in 1.6(d)(4) Color drawings submitted under §§ 1.81,
1.83 through 1.85, 1.152, 1.165, 1.173, or 1.437; are not acceptable, so a drawing would be acceptable.

Reply

4 qwackerNo Gravatar October 26, 2011 at 11:36 pm

I believe you’re correct. Also see MPEP 502.01 under subheading II. After the list of prohibited mailings, it notes ” Applicants are reminded that the facsimile process may reduce the quality of the drawings, and the Office will generally print the drawings as received.”

Reply

5 kingNo Gravatar September 18, 2012 at 9:10 am

No, option B reads:

(B) Facsimile transmission of drawings submitted under 37 CFR 1.81, 1.83 through 1.85, 1.152, 1.165, 1.174, or 1.437.

and the prohibited drawings are

(4) Color drawings submitted under §§ 1.81, 1.83 through 1.85, 1.152, 1.165, 1.173, or 1.437; are not acceptable, so a drawing would be acceptable.

Option B doesn’t clearly say that the drawings are color or not, but the referenced law does give the indication that color drawings are meant to be used.

Reply

6 PCTearsOfJoyNo Gravatar February 5, 2012 at 4:22 pm

got this 2/2

Reply

7 MirandaNo Gravatar February 6, 2012 at 12:01 am

Hi PCTearsofJoy, did the most recent version of the question allow for 2 correct answers? (since both B and E are now correct?)

Reply

8 PCTearsOfJoyNo Gravatar February 6, 2012 at 11:01 am

Miranda, I picked E on the exam only because it stood out instantly and also because I knew for a fact that CPAs can be faxed. Drawings? I’m still not sure, even after looking it up and reading the comments above. But I figured that since there’s no way to pick two answers on the exam, why not just go with the one that I could definitely confirm? So I went w/ CPA. Hope that helps!

9 SolNo Gravatar March 31, 2012 at 12:21 am

Color Drawing cannot be faxed and Drawing can be faxed?

10 jkpatentlawNo Gravatar June 16, 2012 at 12:57 pm

Yeah I wondered about this myself! Drawings are okay according to the new version, but not color drawings!

So B & E are correct.

11 VexowjmoNo Gravatar April 13, 2012 at 10:39 am
12 Churning Away NoMoreNo Gravatar July 1, 2012 at 2:42 pm

Had some variants of what could be transmitted by facsimile. 06.30.2012

Reply

13 Agent DNo Gravatar June 7, 2013 at 2:47 pm

can’t anybody delete these spam posts?

Reply

14 tomegoNo Gravatar March 20, 2014 at 7:49 pm

I wish! Although to be honest, I did get a good laugh which was a nice break of the tension I am feeling 9 hours into today’s study session.

Reply

15 littelyellowduckNo Gravatar July 18, 2013 at 1:34 pm

comprise, consist
Hi friends,
I took the exam two years ago. I do not remember the three terms describing composition of chemicals. I remembered when you say a composition comprises a,b,c, the composition may include d. But if you say a composition consist with a,b,c, the composition just includes a,b,c, no d.
Please let me know the three verbs and the difference among them.
Thank you so very much.

Reply

16 clothes hangerNo Gravatar June 5, 2016 at 1:42 pm

Thanks for finally talking about >Q) Facsimile Transmissions
(10.02.49a) <Loved it!

Reply

Leave a Comment

{ 1 trackback }

Previous post:

Next post: