Access correct answers The general rule is that both unpublished pending and abandoned applications are maintained in confidence by the PTO, an access and copies can be had only for certain exceptions.
Normal access:
Inventors, Assignee, exclusive licensee, attorney or agent of record., any per...
USPTO || A+ Graded Already.
Access correct answers The general rule is that both unpublished pending and abandoned
applications are maintained in confidence by the PTO, an access and copies can be had only for
certain exceptions.
Normal access:
Inventors, Assignee, exclusive licensee, attorney or agent of record., any person with written
authorization from inventor/attorney/ assignee.
Exceptions:
1) An interference file is available if the interference has been terminated or an award for priority
has been made.
2) Unpublished abandoned applications: app referred to in US patent or publication, or referred
to in app open to public inspection, referred to in PCT which designates the US.
3) Special circumstances: When the owner is using the patent application to interfere with a
competitors business.
Express Abandonment correct answers 37 CFR 1.138- Need at least 4 weeks prior to publishing.
Status (3 things) correct answers The PTO will provide status:
1. Access can be obtained, or
2. Identified by serial number and filing date in published patent document or US app open to
public inspection, or
3. When the application is in the national sta=ge of a PCT in which the US has been indicted as a
receiving state.
Foreign Filing Licenses correct answers IF the invention is made in the US, a foreign filing
license is required before an application covering that invention can be filed in another country,
no matter wether the technology has any conceivable relation to national security.
Obtain license:
1. Six months passage from filing a US app
2. Granted on filing receipt
3. grating of a petition asking for one
Correction of Inventorship correct answers AIA
Non-provisional application: Rule 1.48- to fix inventorship all you have to do is file a ADS with
the correct legal names, address information and the fee.
Provisional: Letter to correct+fee.
patent:
Whenever through error a person is named in an issued patent as the inventor, or an inventor is
not named in an issued patent, the Director, may, on application of all the parties and assignees,
,issue a certificate naming only the actual inventor or inventors. Thus, correction of inventorship
should be accomplished by filing a request for Certificate of Correction if (1) the only change
being made is to correct the inventorship; and (2) all parties are in agreement and inventorship is
not contested. Such a request to correct inventorship of a patent must be accompanied by (1) the
appropriate fee; (2) a statement from each person who is being added as an inventor and each
person who is currently named as an inventor either agreeing to the change of inventorship or
stating that he or she has no disagreement in regard to the requested change; and (3) a statement
from all assignees agreeing to the change of inventorship in the patent.
Oath/Declaration correct answers Any inventor in application must provide an oath or
declaration.
declaration can be used instead of affidavit
Provisional correct answers No IDS
No Oath/declaration
No claims
Spec
Drawing
Coversheet or ADS
Fee
No provisional for design applications
12+ 2 months for filing a non provisional
Continuation correct answers Copending with parent app. No new matter. 1.53b
Continuation in Part(CIP) correct answers Uses all original stuff, but adds something to what
was already there. 1.53b
Divisional correct answers Claims are distinct from parent. New matter. 1.53b
RCE correct answers 37 CFR 1.114 706.07
Continued examination of the same applications
CPA for utility patents
No divisional
Cuts off PTA and on deferment of filing fee
Certificate of mailing ok
Req
1. Request for RCE
2. Submission
, 3. Fee
Prior to the earliest of the following: payment of issue fee, abandonment, or the filing of a court
action.
CPA correct answers 1.53d - for design only. Parent must be abandoned
No certificate of mailing
Translation correct answers Not needed to claim priority.
Needed to remove prior art.
Restoration of Rights correct answers 12+2 for priority rights if unintentional. + fee. PLTIA
Foreign Priority requirements correct answers File a claim for priority in an ADS.
File a certified copy of the original foreign application.
Assignment Requirements (6 things) correct answers 1.Must be in English or with a translation
2. Identify patents by number and applications by number.
3. Fee
4. Legible and on one side of paper.
5. Original or certified copy.
6) Cover sheet
Consequences of recording, a second buyer takes title over a a first buyer if: correct answers 1.
failure to record with 3 months or prior to second assignment, whichever is later.
2.The second buyer did not know of the first sale.
Revoking power of attorney 402 correct answers Effective date received by the PTO
Withdrawal 402 correct answers Removing yourself from the case. It is effective with the
commission says so.
Need to do 3 things:
1. give reasonable notice to the client, prior to the expiration of a reply period.
2. Give client all papers and property (including funds) to which the client is entitled.
3. Notify client of any replies that may be due
Substitute statement 37 CFR 1.43 correct answers in an inventor cannot sign, someone else may
sing on bevel by submitting a substitute statement.
Death of inventor 409 correct answers terminates power of attorney. New power must by
obtained from heirs.
Ethics correct answers Dont lie, cheat, or steal. Don't not take work you know you do not feel
competent that you can handle.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller FullyFocus. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.39. You're not tied to anything after your purchase.
