1100 All Questions

What is the effective date for the preissuance submission provision in the AIA?

A) 3/19/2013
B) 3/16/2013
C) 9/16/2011
D) 9/16/2013
E) 9/16/2012

In accordance with the patent laws, rules and procedures as related in the MPEP, which of the following can a third party submit in a pending published application within two months from the publication date where the submission identifies the application to which it is directed by application number and includes the appropriate fee?

A) A list referencing a videotape and copy of the tape showing that the process claimed in the application was in use more than one year before the filing date of the application.
B) A U.S. patent issued more than one year before the filing date of the application and a written explanation of the patent made by the third party on the patent.
C) A publication with a publication date more than one year before the filing date of the application and including underlining made by the third party on the publication.
D) A protest raising fraud and inequitable conduct issues.
E) A list of the sole Japanese language publication submitted for consideration, including the publication date of the publication, a copy of the Japanese language publication and a written English language translation of the pertinent parts of the publication.

Ramone filed a nonprovisional patent application in the USPTO on November 5,1999. A patent was granted on the application on December 5, 2000. On January 5,2001, Ramone files an application for reissue of the patent accompanied by an amendment enlarging the scope of the claims. On February 5, 2001, Ramone also files in the USPTO a copy of the application, as amended, in compliance with the Office electronic filing system requirements. Which of the following statements is true based upon proper USPTO practice and procedure?

A) The copy of the reissue application as amended is subject to pre-grant publication because it was supplied to the USPTO within one month of the actual filing date of the reissue application, i.e., within one month of January 5, 2001.
B) The copy of the reissue application as amended is subject to pre-grant publication because it was supplied to the USPTO within fourteen months of the filing date of the issued patent, i.e., within fourteen months of November 5, 1999.
C) The reissue application is subject to pre-grant publication because it was not accompanied by a nonpublication request at the time of filing.
D) The reissue application is exempt from pre-grant publication.
E) The reissue application unchanged by the amendment is subject to pre- grant publication.

Taylor files an application on January 1, 2013. On March 1, 2013, Mike submits a third-party preissuance submission to be entered in Taylors application file. On April 1, 2013, the USPTO determines that Mikes third-party submission is not compliant with the statute. Which of the following is not in accordance with the patent laws, rules and procedures?

A) The USPTO will not enter the third-party submission into the application file.
B) The Examiner will not consider the third-party submission.
C) Mike can amend the non-compliant third-party submission so that it meets the statutory requirements.
D) The USPTO will not toll the statutory time period for making a compliant third-party submission.
E) None of the Above

What are the requirements for a Third Party Submission?

A) It must be in writing and submitted before the date a notice of allowance under 37 CFR 1.311 is given or mailed in the application for patent.
B) It must be in writing and submitted before the later of: 6 months after the date on which the application for patent is first published under 35 USC 122 by the Office, or the date of the first rejection under 37 CFR 1.104 of any claim by the examiner during the examination of the application for patent.
C) It must be in writing and set forth a concise description of the asserted relevance of each submitted document.
D) It must be made in writing, be accompanied by a fee (unless 3 or fewer items), and include a statement by the person making such submission affirming that the submission was made in compliance with 35 USC 122(e) and 37 CFR 1.290.
E) All the above.

Which of the following statements relevant to a third party submission in a published patent application accords with proper USPTO practice and procedure?

A) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application.
B) A submission of patents by a member of the public must be made prior to the mailing of a Notice of Allowance.
C) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is later.
D) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is earlier.
E) Any third-party submission under this section must be filed prior to the earlier of: (1) The date a notice of allowance under 1.311 is given or mailed in the application; or (2) The later of: (i) Six months after the date on which the application is first published by the Office under 35 U.S.C. 122(b)and 1.211 , or (ii) The date the first rejection under 1.104 of any claim by the examiner is given or mailed during the examination of the application.

A newly hired examiner working at the Office is reluctant to apply prior art from a third party submission as opposed to applying prior art identified from his own search. How should the examiner proceed?

A) An examiner is limited to applying prior art that is available to the USPTO internal search databases.
B) An examiner can consider applying prior art submitted by a third party only if the third party has included the fee set forth in 37 CFR § 1.17(o).
C) An examiner can consider applying prior art submitted by a third party if instructed by his/her technical center director.
D) (B) and (C)
E) An examiner is not limited and should apply the best prior art available.

How can a third party file a preissuance submission?

A) Third-party submissions may be made electronically via EFS-Web
B) Third-party submissions may be made via USPS Express Mail service.
C) (A) and (B)
D) Third-party submissions may be made electronically via facsimile.
E) (C) and (D)

In what types of applications (assuming they are filed before September 16, 2012) may a third party not file a preissuance submission?

A) (i) utility applications
B) (ii) plant applications
C) (iii) design applications
D) (iv) reissue applications
E) (v) continuation applications

Is it an absolute requirement to include form PTO/SB/429 with a preissuance submission?

A) Yes, the Office will not consider any preissuance submission without a completed form PTO/SB/429
B) Yes, if the preissuance submission is filed electronically
C) No
D) No, if the associated fee is filed electronically using a deposit account
E) No, if the third party is a micro entity

Joe Blockhead, a third party, thinks he might have made another mistake in his preissuance submission. How should Joe request that the Office provide notification if his preissuance submission is non-compliant?

A) If filing electronically via the dedicated Web-based interface in EFS-Web, the request must be made on the “Applicant Data” screen under the heading “REQUEST FOR NOTIFICATION REGARDINGTHIRD PARTY PREISSUANCE SUBMISSION.” Check the box requesting the notification and enter an email address in the box provided.
B) If filing in paper, the request must be made on a separate sheet of paper. The paper should be clearly titled “REQUEST FOR NOTIFICATION REGARDING THIRD PARTY PREISSUANCE SUBMISSION” and identify the email address to which the notification should be directed.
C) The email address will be made of record in the application should the submission be deemed compliant for all subsequent communications.
D) (A) and (B)
E) (A), (B) and (C)

What can a third party file in a preissuance submission?

A) A third party is limited only to material that falls under the guidance of 35 U.S.C. §102 and §103
B) A third party may introduce any material that falls under the guidance of 35 U.S.C. §101, §102, §103, or §112
C) A third party may file any patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application
D) The assignee may introduce any patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application
E) A third party may introduce any material that falls under the guidance of 35 U.S.C. §101, §102, §103, or §112 if completed within 6 months of publication

What items must be included in a preissuance submission?

A) (i) Any required fee, or a statement that the fee exemption applies
B) (ii) Statements by the party making the submission that the party is not an individual who has a duty to disclose information with respect to the application
C) (iii) An English language translation of any non-English language item identified in the document list
D) (iv) A copy of each item identified in the document list, other than U.S. patents and U.S. patent application publications and a concise description of the asserted relevance of each item identified in the document list
E) All of the Above.

When can a third party make a preissuance submission in a patent application?

A) A third-party preissuance submission statutorily must be completed within 12 months from institution, with 6 months good cause exception possible.
B) A third-party preissuance submission statutorily must be made in a patent application before the earlier of: (a) the date a notice of allowance under 35 U.S.C. 151 is given or mailed in the application; or (b) the later of (i) six months after the date on which the application is first published under 35 U.S.C. 122 by the Office.
C) A third-party preissuance submission statutorily must be made in a patent application before the later of: (a) the date a notice of allowance under 35 U.S.C. 151 is given or mailed in the application; or (b) the later of (i) six months after the date on which the application is first published under 35 U.S.C. 122 by the Office, or (ii) the date of the first rejection under 35 U.S.C. 132 of any claim by the examiner during the examination of the application
D) A third-party preissuance submission statutorily must be made in a patent application before the earlier of: (a) The date a notice of allowance under 1.311 is given or mailed in the application; or (b) The later of: (i) Six months after the date on which the application is first published by the Office under 122(b) and 1.211, or (ii) The date the first rejection under 1.104 of any claim by the examiner is given or mailed during the examination of the application.
E) At any time during the period of enforceability of the patent.

Which of the following is not true about the submission of a concise description of relevance for filing a third-party submission electronically?

A) Concise descriptions may be entered as text in the provided text box in the application
B) Concise descriptions may be uploaded as a separate document on the “Attach Documents” screen
C) Concise descriptions may be attached on a compact disc submission if the page length exceeds 100 pages.
D) Concise descriptions may include a claim chart attesting to the validity of the relevance of the submission.
E) All of the above are true.

Which of the following items must be included in a preissuance submission?

A) Any required fee, or a statement that the fee exemption applies
B) Statements by the party making the submission that the party is not an individual who has a duty to disclose information with respect to the application
C) An English language translation of any non-English language item identified in the document list
D) A copy of each item identified in the document list, other than U.S. patents and U.S. patent application publications and a concise description of the asserted relevance of each item identified in the document list
E) All of the above

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