Allowance and Issue (MPEP 1300)

December 6, 2007

1300: When an app goes to Allowance and then to Issuance/Publishing: 1302: Small Corrections & Examiner’s amendments to an app ready for issuance: The examiner will make one last pass looking for small formal mistakes in the app. If the claims have changed due to cancellations or amendments, the examiner may require the applicant to […]

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Q) Smith over Jones, Appeal (10.03.45p)

December 6, 2007

Smith over Jones tests appeals MPEP 1200 and is reportable in the Prometric database. It is a repeat question (10.03.45p). 45. A patent application has claims 1-10 pending. Claims 1 and 7 are independent claims. Claims 2-6 depend directly from claim 1 while claims 8-10 depend directly from claim 7. Claims 1-10 have been twice […]

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Patent Terms and Extensions (MPEP 2700)

December 6, 2007

Patent Terms Patents filed before 6/8/95 – term is greater of 20 years from filing date or 17 years from issue date. Foreign and provisional priority not counted when determining filing date for term purposes. Utility and plant applications filed on or after 6/8/95 – term begins on issue date and lasts for 20 years […]

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Biotechnology (MPEP 2400)

December 5, 2007

Recent test takers report that submittal of nucleotide and/or amino acid sequence in an application (from MPEP 2422) appears on the Prometric Patent Bar Exam. The following sections of 37 CFR 1.821 are tested: Applicants must provide 1) a paper copy of the sequence, 2) a computer-readable copy of the sequence, and 3) a statement […]

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Examination of Applications (MPEP 700)

December 5, 2007

Overview MPEP 700 (detailed outline follows) Rejection of Claims Rejection of claims is based on subject matter (substance) and is subject toappeal. Note: objections are based on form and may be reviewed only bypetition to the director. Examiners object to new matter. Rejection = Appeal Objection = Petition Foreign Filing License – US application will be rejected if applicant files in another country before receiving a […]

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Parts, Form and Content (MPEP 600)

December 3, 2007

What actually goes into a Patent App. General Complete Applications – If application doesn’t meet requirements, applicant can petition to have a filing date assigned. If application meets these minimum requirements, but is incomplete (missing oath or fee), the applicant will be sent a notice to file missing parts (usually has 2 months from filing […]

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