Regarding 50q Exam | AIA – 31. Question

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What is the effective filing date for a nonprovisional application filed on March 1, 2013 claiming priority to a foreign application filed on March 1, 2012?

None of the answers is correct

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Don’t agree with the answer here. Is should be purely “NO” since the USPTO does not allow the inventor to “SWEAR” behind a reference under AIA. “SWEAR” is a term of art referring to Rule 131 affidavits, which the AIA got rid of.

I also have noticed that! I also thought that the majority of the test would be centered around AIA, not pre.

I was under the impression the current patent bar doesn’t ask many questions on pre-AIA subject material, why are the FITF and AIA quizzes both like 50% about pre-AIA examination procedure?

Q: Which of the following is not in accordance with the provisions of the MPEP?

answer e (incorrect): A title in a U.S. application need not be identical to the corresponding foreign filed application.

Cite given for E as being wrong: (B) is the most correct answer inasmuch as the title needs to be
technically accurate and the limitation is…

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For the correct answer, where did the 12 come from in the math calculation?

I am a former patent examiner of 4 years. None of these will trigger a 35 U.S.C. 112(f) rejection because 35 U.S.C. 112(f) is not a rejection.

A) “a module for” B) “a component for” C) “an element for” D) “a member for” E) None of the above.

E is the best answer because D does not include the list of correspondence as required by 37 CFR 1.251(1)((ii).

I believe Answer D to be the most correct answer because, contrary to the answer description, it would not “leave the application without a claim to the Ethernet cable made using the processes comprising the steps of A, B, and C.” That remains covered by Claim 1. The proposed Claim 4 of option B, is just a repeat of Claim 1, which was…

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Mark Twine obtains a patent directed to a machine for manufacturing string. The patent contains a single claim (Claim 1) which recites six claim elements. The entire interest in Twine’s patent is assigned to the S. Clemens String Co., and Twine is available and willing to cooperate with S. Clemens String Co. to file a reissue application. A…

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Is “File a motion” the correct wording here? I thought it would be an affidavit/declaration under rule 130.

Who paid the issue fee? How can an application which we only know has been filed, make it all the way to issue without someone intervening? Even if the application was perfect and immediately allowed, if the inventors are dead how did it not go abandoned for failure to timely pay the issue fee?

So in the case that S. spectaculus had not been previously published/discovered, would the microorganism then be patentable since it was isolated by man, or is it still considered not “made by man” and their for non-patentable living matter.

I am not sure if D is the correct answer. The written comment seemed to point to answer B.

Question: For the exception in AIA 35 U.S.C. 102(b)(1)(B) to apply, must the exception in AIA 35 U.S.C. 102(b)(1)(A) also apply?

I don’t understand why answer C is correct:

C) No, the exception in AIA 35 U.S.C. 102(b)(1)(B) does not expressly require that the inventor’s prior public disclosure have been made during the grace period as required…

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I think this question and the answers are poorly written – leads to double/triple negatives in interpretation.

Wondering the same, as well as how to utilize the site.

Does anyone have a study schedule for the course?

Why is answer C incorrect given the information in the MPEP from 302.10:

“The date of receipt accorded to an assignment
document sent to the Office by EPAS is the date the
complete transmission is received in the Office.”

What is the implication of the phrase ‘complete transmission’ in regards to answer D that is stated as being correct as…

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Note that this provision has been moved to section 508 of the updated MPEP.