50 episodes

Brought to you by PatentEducationSeries.com, based on their widely popular Patent Bar Review Course ... the PES Patent Bar Review.



This is the perfect podcast to study for the Patent Bar exam on the go. The Patent Bar MPEP Q & A Podcast covers one specific point from the MPEP per 3 to 5 minute episode. You'll get a question along with the detailed answer. In addition to the question and answer you'll get a detailed summary of the exact section where the answer is found. It's short, but packed full of valuable information. Perfect for exercising, driving, or waiting in line.



Please visit PatentEducationSeries.com for more free information to help you learn more about and pass the Patent Bar exam. We're here to help you succeed. We've helped scores of engineers, scientists, and attorneys get on the road to a new career as a Patent Practitioner since 2001. The contents of this podcast is not legal advice; for full disclaimer information visit: PatentEducationSeries.com.

Patent Bar MPEP Q & A Podcast Lisa Parmley, USPTO Patent Practitioner #51006

    • Courses
    • 3.9, 7 Ratings

Brought to you by PatentEducationSeries.com, based on their widely popular Patent Bar Review Course ... the PES Patent Bar Review.



This is the perfect podcast to study for the Patent Bar exam on the go. The Patent Bar MPEP Q & A Podcast covers one specific point from the MPEP per 3 to 5 minute episode. You'll get a question along with the detailed answer. In addition to the question and answer you'll get a detailed summary of the exact section where the answer is found. It's short, but packed full of valuable information. Perfect for exercising, driving, or waiting in line.



Please visit PatentEducationSeries.com for more free information to help you learn more about and pass the Patent Bar exam. We're here to help you succeed. We've helped scores of engineers, scientists, and attorneys get on the road to a new career as a Patent Practitioner since 2001. The contents of this podcast is not legal advice; for full disclaimer information visit: PatentEducationSeries.com.

    MPEP Q & A 198: Items Necessary to Accord the International Filing Date the Date of Receipt of the International Application

    MPEP Q & A 198: Items Necessary to Accord the International Filing Date the Date of Receipt of the International Application

    Question:

    What does the Office need at the time of receipt in order to accord the international filing date the date of receipt of the international application?

    Answer:

    The receiving Office shall accord as the international filing date the date of receipt of the international application, provided that the Office has found that, at the time of receipt:

    (i) the applicant does not obviously lack, for reasons of residence or nationality, the right to file an international application with the receiving Office,

    (ii) the international application is in the prescribed language,

    (iii) the international application contains at least the following elements:



    * (a) an indication that it is intended as an international application,

    * (b) the designation of at least one Contracting State,

    * (c) the name of the applicant, as prescribed,

    * (d) a part which on the face of it appears to be a description

    * (e) a part which on the face of it appears to be a claim or claims.



    Chapter Details:

    The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers Patent Cooperation Treaty.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 1810 of the MPEP.  The following is a brief summary of section 1810.

    1810 Filing Date Requirements

    An international filing date is accorded to the earliest date on which the requirements under PCT Article 11(1) were satisfied. If the requirements under PCT Article 11(1) are not satisfied as of the date of initial receipt of the international application papers, the receiving Office will invite applicant to correct the deficiency within a set time limit.

    The USPTO is also not competent to receive international applications that are not in the English language and, upon payment of a fee equal to the transmittal fee, the USPTO will forward such applications to the International Bureau provided they are in a language accepted by the International Bureau as receiving Office.

    • 3 min
    MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?

    MPEP Q & A 197: What Must a Petition for an Unintentionally Delayed Claim be Filed With?

    Question:

    What must a petition for an unintentionally delayed claim be filed with?

    Answer:

    A petition for an unintentionally delayed claim must be accompanied by:



    * (A) the reference required by 35 U.S.C. 120 and 37 CFR 1.78 to the prior application (unless previously submitted);

    * (B) a petition fee under 37 CFR 1.17(m); and

    * (C) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The Director may require additional information where there is a question whether the delay was unintentional.



    Chapter Details:

    The answer to this question can be found in chapter 200 of the MPEP. This chapter covers Types and Status of Application; Benefit and Priority Claims.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 211.04 of the MPEP.  The following is a brief summary of section 211.04.

    211.04 Delayed Benefit Claims

    This section outlines delayed benefit claims. For instance, if the reference required by 35 U.S.C. 120 and 37 CFR 1.78 is not submitted within the required time period, a petition for an unintentionally delayed claim may be filed. Also included is a delayed submission of benefit claims in international applications.

    • 3 min
    MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)

    MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)

    Question:

    How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO?

    Answer:

    Petitions to withdraw an application from issue under 37 CFR 1.313(c) may be:



    * (A) mailed to “Mail Stop Petition, Commissioner for Patents”;

    * (B) transmitted by facsimile;

    * (C) hand-carried to the Office of Petitions; or

    * (D) filed via EFS-Web as an ePetition.



    Chapter Details:

    The answer to this question can be found in chapter 1300 of the MPEP. This chapter covers Allowance and Issue.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 1308 of the MPEP.  The following is a brief summary of section 1308.

    1308 Withdrawal From Issue

    This section covers the withdrawal of an application from issue. Specific topics discussed include the withdrawal from issue at the initiative of the applicant both prior to and after the payment of the issue fee.  Withdrawal from issue at the initiative of the Office is also covered.

    • 3 min
    MPEP Q & A 195: Necessary Items for a Petition for Retroactive License

    MPEP Q & A 195: Necessary Items for a Petition for Retroactive License

    Question:

    What should a petition for retroactive license include?

    Answer:

    A petition for retroactive license shall include:

    (1) A listing of each of the foreign countries in which the unlicensed patent application material was filed,

    (2) The dates on which the material was filed in each country,

    (3) A verified statement (oath or declaration) containing:



    * (i) An averment that the subject matter in question was not under a secrecy order at the time it was filed abroad, and that it is not currently under a secrecy order,

    * (ii) A showing that the license has been diligently sought after discovery of the proscribed foreign filing, and

    * (iii) An explanation of why the material was filed abroad through error without the required license first having been obtained, and



    (4) The required fee of this chapter.

    Chapter Details:

    The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 140 of the MPEP.  The following is a brief summary of section 140.

    140 Foreign Filing Licenses

    This section covers both expedited foreign filing licenses and retroactive licenses. Essentially, if an inventor files a patent application in the U.S., he or she may not file the same application in a foreign country prior to the passing of six months without first obtaining a foreign filing license. If the inventor files in a foreign country before the 6 month waiting period has passed without getting a license first, he or she must immediately file for a retroactive license.

    • 3 min
    MPEP Q & A 194: Stop the Publication of an Application

    MPEP Q & A 194: Stop the Publication of an Application

    Question:

    Can a petition under 37 CFR 1.138(c) stop publication of an application?

    Answer:

    A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in sufficient time to avoid publication. The petition will be granted when it is recognized in sufficient time to avoid publication of the application. The petition will be denied when it is not recognized in time to avoid publication.

    Generally, a petition under 37 CFR 1.138(c) will not be granted and the application will be published in regular course unless such declaration of express abandonment and petition are received by the appropriate officials more than four weeks prior to the projected date of publication. It is unlikely that a petition filed within four weeks of the projected date of publication will be effective to avoid publication. Also note that withdrawal of an application from issue after payment of the issue fee may not be effective to avoid publication of an application under 35 U.S.C. 122(b).

     

    Chapter Details:

    The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 711.01 of the MPEP.  The following is a brief summary of section 711.01.

    711.01 Express or Formal Abandonment

    This section discusses the details of express or formal abandonment. For instance, the applicant or the attorney/agent of record, if any, can sign an express abandonment. Details are provided where a letter of express abandonment is being submitted in an allowed application after the payment of the issue fee, to avoid publication of an application, to obtain a refund of the search and excess claims fee, and an application in interference.

    • 3 min
    MPEP Q & A 193: Petition to Make Special and Energy Resources

    MPEP Q & A 193: Petition to Make Special and Energy Resources

    Question:

    Does the petition to make special apply to patent applications for inventions dealing with energy resources?

    Answer:

    The U.S. Patent and Trademark Office will, on petition, accord “special” status to all patent applications for inventions which materially contribute to:



    * (A) the discovery or development of energy resources, or

    * (B) the more efficient utilization and conservation of energy resources.



    Examples of inventions in category (A) would be developments in fossil fuels (natural gas, coal, and petroleum), hydrogen fuel technologies, nuclear energy, solar energy, etc. Category (B) would include inventions relating to the reduction of energy consumption in combustion systems, industrial equipment, household appliances, etc. Any petition to make special filed under this subsection must comply with the requirements.

    All applicants desiring to participate in this program should petition that their applications be accorded “special” status. The petition must state that special status is sought because the invention materially contributes to category (A) or (B) set forth above. No fee is required for such a petition.

    If the application disclosure is not clear on its face that the claimed invention materially contributes to category (A) or (B), the petition must be accompanied by a statement by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the materiality standard is met.

    The materiality standard does not permit an applicant to speculate as to how a hypothetical end-user might specially apply the invention in a manner that could materially contribute to category (A) or (B). Nor does such standard permit an applicant to enjoy the benefit of advanced examination merely because some minor aspect of the claimed invention may be directed to category (A) or (B).

    Chapter Details:

    The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

    The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

    Section Summary:

    This question and answer comes from section 708.02 of the MPEP.  The following is a brief summary of section 708.02.

    708.02   Petition To Make Special

    By filing a petition to make special, the examination process for the application will be considerably sped up. This section covers details of a petition to make special. The specific instances where petitions to make special may be used include; the applicant’s health, applicant’s age, environmental quality, energy, and inventions for countering terrorism. Each of these is discussed along with the handling of petitions to make special or requests for advancement of examination.

    • 4 min

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