Question: List two of the enumerated groupings of abstract ideas. Answer: The enumerated groupings of abstract ideas are defined as: Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations; Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in […] The post MPEP Q & A 361: List two of the enumerated groupings of abstract ideas. appeared first on Patent Education Series.
Question: When will a first application usually be granted a Notice of Allowance and become a patent despite a second application with interfering claims? Answer: A first application will usually be granted a Notice of Allowance and become a patent (in spite of a second application with interfering claims) when all of the following conditions […] The post MPEP Q & A 360: When will a first application usually be granted a Notice of Allowance despite a second application with interfering claims? appeared first on Patent Education Series.
Question: List two conditions where the provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent application publication naming another inventor. Answer: The provisions of 37 C.F.R. 1.130 may not be available if the rejection is based upon a U.S. patent or U.S. patent […] The post MPEP Q & A 359: List two conditions where the provisions of 37 C.F.R. 1.130 may not be available. appeared first on Patent Education Series.
Question: When is correspondence submitted via the USPTO patent electronic filing system accorded a receipt date? Answer: Correspondence submitted via the USPTO patent electronic filing system will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office without regard to whether that date is a […] The post MPEP Q & A 358: When is correspondence submitted via the USPTO patent electronic filing system accorded a receipt date? appeared first on Patent Education Series.
Question: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? Answer: The major differences between AIA 35 U.S.C. 102(c) and the CREATE Act are that: (1) the AIA provision is keyed to the effective filing date of the claimed invention, while the CREATE Act focuses on the date that the […] The post MPEP Q & A 357: What are the major differences between AIA 35 U.S.C. 102(c) and the CREATE Act? appeared first on Patent Education Series.
Question: If a maintenance fee is filed after the 6-month grace period, then what must a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) include? Answer: If a maintenance fee is filed after the 6-month grace period, then a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) must include … (A) […] The post MPEP Q & A 356: What must a petition filed under the unintentional standard of 37 C.F.R. 1.378(b) include? appeared first on Patent Education Series.
Question: List a situation that does not constitute a license so as to prohibit claiming small entity status. Answer: The following situations do not constitute a license so as to prohibit claiming small entity status: a use license to the Government resulting from a rights determination; a use license to the Government resulting from Federal […] The post MPEP Q & A 355: List a situation that does not constitute a license so as to prohibit claiming small entity status. appeared first on Patent Education Series.
Question: Copendency is defined in the clause which requires that the later-filed application must be filed before the occurrence of what? Answer: Copendency is defined in the clause which requires that the later-filed application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the […] The post MPEP Q & A 354: When must copendency be filed before? appeared first on Patent Education Series.
Question: When can claims be finally rejected in a first Office action for a new application? Answer: For a new application, claims may be finally rejected in the first Office action when: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new […] The post MPEP Q & A 353: When can claims be finally rejected in a first Office action for a new application? appeared first on Patent Education Series.
Question: List 3 fees that are reduced by 80 percent for micro entities. Answer: The fees which are reduced by 80 percent for micro entities include: filing fees (nonprovisional and provisional) search fees examination fees issue fees appeal fees for utility design, plant, and reissue patent applications patent maintenance fees including the maintenance fee grace […] The post MPEP Q & A 352: List 3 fees that are reduced by 80 percent for micro entities. appeared first on Patent Education Series.
Question: List 2 situations where RCE provisions do not apply. Answer: The RCE provisions do not apply to: (A) a provisional application; (B) an application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995; (C) an international application filed under 35 U.S.C. 363 before June 8, 1995, or an […] The post MPEP Q & A 351: List 2 situations where RCE provisions do not apply. appeared first on Patent Education Series.
Question: What does application information include? Answer: Application information includes the title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, and the type of application (e.g., utility, plant, design, reissue, provisional). Chapter Details: The answer to this […] The post MPEP Q & A 350: What does application information include? appeared first on Patent Education Series.
Question: As of December 29. 2022, list 3 fees that are reduced by 60 percent for small entities? Answer: As of December 29. 2022, the following fees are reduced by 60 percent for small entities: patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees; […] The post MPEP Q & A 349: List 3 fees that are reduced by 60 percent for small entities. appeared first on Patent Education Series.
Question: Give 3 examples of asexually propagated plants. Answer: Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, apomictic seeds, bulbs, division, slips, rhizomes, runners, corms, tissue culture, nucellar embryos, etc. Chapter Details: The answer to this question […] The post MPEP Q & A 348: Give 3 examples of asexually propagated plants. appeared first on Patent Education Series.
Question: What rule are design practitioners registered under and what can they practice in? Answer: Design patent practitioners are registered under 37 C.F.R. 11.6(d) and can only practice in design patent matters. In contrast, patent practitioners registered under 37 C.F.R. 11.6(a)-(c) can practice in all patent matters, which includes design patent matters. Chapter Details: The […] The post MPEP Q & A 347: What rule are design practitioners registered under and what can they practice in? appeared first on Patent Education Series.
Question: When is a Sequence Listing XML required? Answer: When an application filed under 35 U.S.C. 111(a) having a filing date on or after July 1, 2022, or an application which entered the national stage, having an international filing date on or after July 1, 2022, contains disclosure of nucleotide and/or amino acid sequences, a […] The post MPEP Q & A 346: When is a Sequence Listing XML required? appeared first on Patent Education Series.
Question: List two types of individuals that affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made by. Answer: Affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 must be made by either: […] The post MPEP Q & A 345: List two types of individuals that affidavits filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made by. appeared first on Patent Education Series.
Question: How can an applicant overcome a statutory double patenting rejection? Answer: A terminal disclaimer cannot be filed to obviate a statutory double patenting rejection. A statutory double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. A complete response to a statutory double […] The post MPEP Q & A 344: How can an applicant overcome a statutory double patenting rejection? appeared first on Patent Education Series.
Question: Can any further submission of prior art by the same real party in interest be considered after the filing of the protest? Answer: After the filing of the protest, no further submission of prior art by the same real party in interest will be considered, except for new, non-cumulative prior art submitted requires that a […] The post MPEP Q & A 343: Can prior art submissions occur after the filing of the patent? appeared first on Patent Education Series.
Question: When has a 35 U.S.C. 102 rejection over multiple references been held to be proper when the extra references are cited? Answer: Normally, only one reference should be used in making a rejection under 35 U.S.C. 102. However, a 35 U.S.C. 102 rejection over multiple references has been held to be proper when the […] The post MPEP Q & A 342: When is a 35 U.S.C. 102 rejection over multiple references held to be proper? appeared first on Patent Education Series.
Question: What happens when the claim for foreign priority or the certified copy of the foreign application is filed after the date of payment of the issue fee but prior to the date of grant of the patent? Answer: When the claim for foreign priority or the certified copy of the foreign application is filed […] The post MPEP Q & A 341: Circumstances surrounding claim for foreign priority. appeared first on Patent Education Series.
Question: What are some non-limiting examples of claims that are not directed to any of the statutory categories? Answer: Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or […] The post MPEP Q & A 340: What are non-limiting examples of claims that are not directed to any of the statutory categories? appeared first on Patent Education Series.
Question: When is information material to patentability according to the duty to disclose? Answer: Information is material to patentability when it is not cumulative to information already of record or being made of record in the application, and (1) It establishes, by itself or in combination with other information, a prima facie case of unpatentability of […] The post MPEP Q & A 339: When is information material to patentability according to the duty to disclose? appeared first on Patent Education Series.
Question: What are two of the requirements for an English language translation of a non-English language foreign application? Answer: If an English language translation of a non-English language foreign application is required: 1) the translation must be that of the certified copy (of the foreign application as filed) and 2) it must be filed together […] The post MPEP Q & A 338: Requirements for an English language translation of a non-English language foreign application. appeared first on Patent Education Series.
Question: List three examples of the kinds of information, in addition to prior art documents, that can be relied on in a protest. Answer: The following are examples of the kinds of information, in addition to prior art documents, which can be relied on in a protest: (A) Information demonstrating that the invention was publicly known […] The post MPEP Q & A 337: Kinds of information that can be relied on in a protest. appeared first on Patent Education Series.
