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Patent Bar MPEP Q & A Podcast
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1 MPEP Q & A 326: Applications that count for “gross income” basis micro entity status. 2:44
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LikedQuestion: What applications count for the filing limits for the purposes of establishing micro entity status under the “gross income” basis? Answer: For purposes of establishing micro entity status under the “gross income” basis, the application filing limit includes: (i) previously filed U.S. nonprovisional applications (e.g., utility, design, plant, continuation, and divisional applications), (ii) previously filed […] The post MPEP Q & A 326: Applications that count for “gross income” basis micro entity status. appeared first on Patent Education Series .…
1 MPEP Q & A 325: List the pieces of information that should be placed on the first page of a protest. 2:53
2:53 Play Later Play Later Lists Like Liked2:53
Play Later Play Later Lists Like LikedQuestion: List two pieces of information that should be placed on the first page of a protest. Answer: Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being […] The post MPEP Q & A 325: List the pieces of information that should be placed on the first page of a protest. appeared first on Patent Education Series .…
1 MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date. 3:01
3:01 Play Later Play Later Lists Like Liked3:01
Play Later Play Later Lists Like LikedQuestion: Name at least two items that must be submitted when adding a “Sequence Listing” after the application filing date. Answer: Adding a “Sequence Listing” after the application filing date involves the submission of: (1) a “Sequence Listing” either as a PDF image file, on physical sheets of paper, or as an ASCII plain text […] The post MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date. appeared first on Patent Education Series .…
1 MPEP Q & A 323: Can distinct subject matter be recovered by filing a reissue application in specific cases? 3:19
3:19 Play Later Play Later Lists Like Liked3:19
Play Later Play Later Lists Like LikedQuestion: Where a restriction (including an election of species) requirement was made in an application and applicant permitted the elected invention to issue as a patent without filing a divisional application on the non-elected invention(s) or on non-claimed subject matter distinct from the elected invention, can the non-elected invention(s) and non-claimed, distinct subject matter be […] The post MPEP Q & A 323: Can distinct subject matter be recovered by filing a reissue application in specific cases? appeared first on Patent Education Series .…
1 MPEP Q & A 322: What type of Demand will prevent an international application designating the U.S. to enter? 2:26
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Play Later Play Later Lists Like LikedQuestion: What type of Demand will prevent an international application designating the U.S. to enter the national stage via the U.S. Designated Office? Answer: An international application designating the U.S. will enter the national stage via the U.S. Designated Office unless a Demand electing the U.S. is filed under PCT Article 31 whereupon entry will be via […] The post MPEP Q & A 322: What type of Demand will prevent an international application designating the U.S. to enter? appeared first on Patent Education Series .…
1 MPEP Q & A 321: What are the factual inquiries related to obviousness? 3:41
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Play Later Play Later Lists Like LikedQuestion: What are the factual inquiries related to obviousness that the Court enunciates? Answer: Obviousness is a question of law based on underlying factual inquiries. The factual inquiries enunciated by the Court are as follows: (A) Determining the scope and content of the prior art; (B) Ascertaining the differences between the claimed invention and the […] The post MPEP Q & A 321: What are the factual inquiries related to obviousness? appeared first on Patent Education Series .…
1 MPEP Q & A 320: What are the three types of designs interpreted by case law to include? 2:22
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Play Later Play Later Lists Like LikedQuestion: What are the three types of designs the language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include? Answer: The language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include at least three kinds of designs: […] The post MPEP Q & A 320: What are the three types of designs interpreted by case law to include? appeared first on Patent Education Series .…
1 MPEP Q & A 319: What must any assignment-related document for patent matters submitted by facsimile include? 2:11
2:11 Play Later Play Later Lists Like Liked2:11
Play Later Play Later Lists Like LikedQuestion: What three items must any assignment-related document for patent matters submitted by facsimile include? Answer: Any assignment-related document for patent matters submitted by facsimile must include: (A) an identified application or patent number; (B) one cover sheet to record a single transaction; and (C) payment of the recordation fee by a credit card, is […] The post MPEP Q & A 319: What must any assignment-related document for patent matters submitted by facsimile include? appeared first on Patent Education Series .…
1 MPEP Q & A 318: Requirements of an oath or declaration under section 37 CFR 1.63. 2:39
2:39 Play Later Play Later Lists Like Liked2:39
Play Later Play Later Lists Like LikedQuestion: Name two requirements of an oath or declaration under section 37 CFR 1.63? Answer: An oath or declaration under section 37 CFR 1.63 must: (1) Identify the inventor or joint inventor executing the oath or declaration by his or her legal name; (2) Identify the application to which it is directed; (3) Include a […] The post MPEP Q & A 318: Requirements of an oath or declaration under section 37 CFR 1.63. appeared first on Patent Education Series .…
1 MPEP Q & A 317: How can you determine whether the original patent requirement is satisfied in a reissue application? 3:02
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Play Later Play Later Lists Like LikedQuestion: How can you determine whether the original patent requirement is satisfied in a reissue application? Answer: Examiners should review the reissue application to determine whether the original patent requirement is satisfied, by considering if: (A) the claims presented in the reissue application are described in the original patent specification and enabled by the original […] The post MPEP Q & A 317: How can you determine whether the original patent requirement is satisfied in a reissue application? appeared first on Patent Education Series .…
1 MPEP Q & A 316: Is it ever necessary to change the inventorship named in the application? 3:52
3:52 Play Later Play Later Lists Like Liked3:52
Play Later Play Later Lists Like LikedQuestion: If an application by joint inventors includes more than one independent and distinct invention, and restriction is required, is it ever necessary to change the inventorship named in the application? Answer: If an application by joint inventors includes more than one independent and distinct invention, and restriction is required, it may become necessary to […] The post MPEP Q & A 316: Is it ever necessary to change the inventorship named in the application? appeared first on Patent Education Series .…
1 MPEP Q & A 315: List examples of situations that confirm a “real world” context of use. 3:11
3:11 Play Later Play Later Lists Like Liked3:11
Play Later Play Later Lists Like LikedQuestion: List two examples of situations that require or constitute carrying out further research to identify or reasonably confirm a “real world” context of use and, therefore, do not define “substantial utilities.” Answer: The following are examples of situations that require or constitute carrying out further research to identify or reasonably confirm a “real world” […] The post MPEP Q & A 315: List examples of situations that confirm a “real world” context of use. appeared first on Patent Education Series .…
1 MPEP Q & A 314: What will the request indicate for each patent and printed publication cited in the request? 3:30
3:30 Play Later Play Later Lists Like Liked3:30
Play Later Play Later Lists Like LikedQuestion: When an examiner concludes that no substantial new question of patentability has been raised, they will prepare a decision denying the reexamination request. What will that request indicate for each patent and printed publication cited in the request? Answer: If the examiner concludes that no substantial new question of patentability has been raised, the […] The post MPEP Q & A 314: What will the request indicate for each patent and printed publication cited in the request? appeared first on Patent Education Series .…
1 MPEP Q & A 313: Reasons why the Office will withdraw the application from issue. 2:19
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Play Later Play Later Lists Like LikedQuestion: Once the issue fee has been paid, list two reasons why the Office will withdraw the application from issue at its own initiative. Answer: Once the issue fee has been paid, the Office will not withdraw the application from issue at its own initiative for any reason except: (1) A mistake on the part […] The post MPEP Q & A 313: Reasons why the Office will withdraw the application from issue. appeared first on Patent Education Series .…
1 MPEP Q & A 312: List two General Plastic non-exclusive factors. 3:18
3:18 Play Later Play Later Lists Like Liked3:18
Play Later Play Later Lists Like LikedQuestion: List two General Plastic non-exclusive factors. Answer: The General Plastic non-exclusive factors include the following: Whether the same petitioner previously filed a petition directed to the same claims of the same patent; Whether at the time of filing of the first petition the petitioner knew of the prior art asserted in the second petition […] The post MPEP Q & A 312: List two General Plastic non-exclusive factors. appeared first on Patent Education Series .…
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