Can you fix a restriction requirement after issuance with a reissue? correct answers NO - during a restriction you permanently give something up forever - so you cant change this with a reissue (same with claims you cancelled by amendment - can't add them again with reissue). BUT instead of filing ...
can you fix a restriction requirement after issuan
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Can you fix a restriction requirement after issuance with a reissue? correct answers NO - during
a restriction you permanently give something up forever - so you cant change this with a reissue
(same with claims you cancelled by amendment - can't add them again with reissue). BUT
instead of filing restriction, you could have filed a divisional patent instead of giving up those
claims
what documents are held in confidence by USPTO correct answers unpublished pending,
abandoned applications
What is ALWAYS public access for viewing and copying? correct answers published
documents, issued patents, reissue files and reexamination files involving an issued patent
T/F: a pending interference files awaiting an award of priority is open to the public? correct
answers FALSE: Must be a terminated interference file
T/F: a terminated interference proceeding involving an issued patent AND a pending patent
application is available for public viewing and copying? correct answers TRUE
T/F: interference files involving an issued patent where the interference has been terminated is
open to the public? correct answers True
T/F: papers relating to a reexamination proceeding which have been entered of record in a
reexamination file are open to public viewing? correct answers True (reexaminations are only
conducted to examine the validity of claims of an ISSUED patent, anyone can request
reexamination)
T/F: assignment records relating only to pending patent applications are available to the public?
correct answers false
T/F: assignment records relating to issued patents are available to public viewing? correct
answers true
T/F: an assignment record relating to a pending patent application and an issued patent is
available for public viewing? correct answers true
T/F: all reissue applications are open to the public? correct answers true
A reissue application is filed to correct an error in the patent, where, as a result of the error, the
patent is deemed wholly or partly inoperative or invalid - therefore reissues (of course by name)
are only involving patents that were already granted. when would you need a reissue? ex:
correcting inventorship. This is the only way to correct issues on an ISSUED application.
,otherwise if you need to correct issues on a pending application, you submit amendments. ALSO
to reissue for corrections, the error must have been done without deceptive intent!
T/F: all pending utility patent applications are open to public? correct answers false
T/F: a continuation-in-part application of an issued patent is available for public viewing? correct
answers false
T/F: all abandoned applications are available for public viewing? correct answers false
T/F: all pending applications are available for public viewing? correct answers false
T/F: all assignment records relating to pending patent applications are open to public viewing?
correct answers false
Can parent company of invention view patent application? correct answers only if they have a
designated assignment (assignee); or under American Invents Act 2012 - owner can file an
application as the applicant (normally the inventor is the applicant) if inventor leaves company,
or can no longer be contacted
what to you need to determine status of an application (not access, status)? correct answers 1. if
you have a US serial number and filing date from a published document or a US application
open to public inspection
2. when access can be obtained (or if you are the applicant/inventor/assignee/attorney or agent
LISTED on the application)
3. when the application is in the national phase of an international/PCT application where the US
is listed
what are the exceptions to viewing unpublished ABANDONED applications? correct answers 1.
if the application is referred to in a published application or issued patent
2. if the application is referred to in a US application that is open to public inspection
3. if the application is referred to in a PCT/international published application which designates
the US
what are the exceptions to viewing unpublished PENDING applications? correct answers 1.
when the pending application is referenced in a published/patent-issued document
2. when a patent application relies on the pending application for priority
3. special circumstances - when a US pending unpublished patent application is being used for
improper circumstances (threatening to sue someone in the future for when it is issued, etc)
When are interference files publicly available? correct answers 1. when interference is
terminated
2. an award of priority has been made
T/F: the status of a parent application will be disclosed if the continuation, CIP (continuation in
part), or divisional application qualifies to have its status disclosed? correct answers True
, Who can always access any pending or abandoned file? correct answers 1. each of the LISTED
inventors (unless the designated assignee writes to the patent office asking them to Bar one of the
inventors)
2. any inventor named in the application (even if it is filed without their signature)
3. an assignee of entire interest or assignee of partial interest or an exclusive licensee (but NOT a
NON-exclusive licensee) *the assignee/owner/company MUST be filed on the application
4. attorney or agent of record and any given person with a written authorization from the attorney
or agent of record
what is a secrecy order? correct answers when the 2 guys at the pentagon who view all patent
applications allow a patent to be issued but not published if it contains a threat to national
security (this lasts until the threat is no longer) - applies to original and all subsequent/divisional
applications
When is a foreign filing license required? correct answers if the invention is made in the US and
is going to be patented in other countries (regardless of what kind of technology it is)
what are the ways foreign filing licenses can be acquired? correct answers 1. passage of 6
months following the filing of any US application, including provisional applications (implicit)
2. by being granted specifically on the filing receipt, which also indicates the day it is effective
3. granting of a petition asking for one
4. retroactive request after filing in another country as long as there is no national security threat
and it was accidental (even after the application has been issued)
T/F: is an invention is made in another country, (even by an American) no foreign filing license
is required correct answers true
T/F: every US patent application also files for an automatic foreign filing licence? correct
answers true
T/F: if a foreign filing license is not obtained and the corresponding US application issues as a
patent, then that patent is invalid unless a license is granted retroactively correct answers TRUE
national vs. national-stage applications? correct answers 1. national applications can be filed
without filing fee/oath/translation, but still receive a filing date with a Notice of Missing Parts vs.
national stage requires ALL components to obtain a filing date
2. both have restriction practice
3. national stage has unity of invention practice
F.o.T. rule correct answers fee, oath (of discretion), translation
(aka what is required for an application, national-stage apps require ALL to obtain filing date)
what is a provisional application? correct answers 1. does NOT lead to patent
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