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19 Cards in this Set
- Front
- Back
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What does MPEP Ch 100 relate to?
(4 things) |
1) Security
2) Access 3) National Security 4) Foreign Filing |
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What two types of applications are most always maintained in confidence by the Patent Office?
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- unpublished pending applications
- unpublished abandoned applications |
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When can you access the patent application?
(5 instances) |
- Re-examination
- Re-issue - After Patent issuance - After Publishing - During Decided/Terminated Interference |
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Why would you want to publish early?
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To put someone on notice of your patent and get provisional damages earlier (before the patent is granted)
Notice will give you treble damages for willful patent infringement |
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Why would you NOT want to publish?
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So that competitors cannot look at what you are claiming so you gain market advantage from the surprise
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After how many months will your application automatically publish?
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18 months after filing, based on the earliest filing date
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What is PG PUB?
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Pre-Grant Publication, where applications are automatically published after 18 months from the earliest filing date
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When does PG Pub apply?
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For applications filed on or after:
November 29, 2000 |
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What is an RCE?
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Request for Continued Examination
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What are the 5 exceptions to PG Pub?
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1) Applications no longer pending
2) Applications under secrecy order or threats to national security 3) Provisional applications 4) Design applications 5) Applications including a request not to publish |
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When can a non-publication request be rescinded?
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At any time; or
If the application IS filed in another country, notification to the USPTO must be within 45 days |
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What is "opting out"?
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When you file a request for non-publication, and at filing, you express that you do not have present intent to file in a foreign country
(because you cannot) |
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When must you submit a redacted copy of your application?
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Within 16 months after the earliest filing date
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How can you amend your publication?
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Through EFS
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What is the time for filing an amendment for the published application?
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Before the later of one month from actual filing or 14 months from the earliest benefit claim
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What is the fee for obtaining application status?
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$0
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An unpublished abandoned application ban be accessed if what happens?
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If it is referred to in an issued US patent
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An "as filed" copy of a pending unpublished application can be obtained without service if it is what?
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In whole or in part incorporated by reference into an issued patent
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What are 3 ways to obtain a foreign filing license?
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1) Passage of 6 months from filing
2) Upon filing receipt 3) By filing a petition |
