Patent USPTO Rules & Regulations Flashcards

Under 35 U.S.C. § 154, what is the standard term of a utility patent granted on an application filed after June 8, 1995?

Answer: 20 years from the earliest effective U.S. filing date

Under 35 U.S.C. § 154(a)(2), utility patents have a term of 20 years from the earliest effective U.S. filing date of the application.

Under 37 CFR 1.362, what is the consequence of failing to pay a maintenance fee for a utility patent?

Answer: The patent expires at the end of the grace period if the fee is not paid

Failure to pay a maintenance fee causes the patent to expire; it may be reinstated within a 6-month grace period upon payment of the maintenance fee plus a surcharge.

Under 35 U.S.C. § 251, what is the purpose of a reissue application, and what is the key limitation on broadening reissue claims?

Answer: To correct errors that cause the patent to be inoperative or invalid; broadening reissue must be filed within 2 years of grant

A reissue application corrects errors that render the patent wholly or partly inoperative, and broadening reissue claims must be filed within 2 years of the original patent grant.

Under 35 U.S.C. § 305, what restrictions apply to claim amendments during an ex parte reexamination proceeding?

Answer: Claims may only be amended or added to narrow the scope; no broadening is permitted

During ex parte reexamination, claims may only be narrowed or new narrower claims added; broadening the scope beyond the original claims is prohibited by 35 U.S.C. § 305.

Under 37 CFR 1.291, what is the effect of a third-party submission of prior art in a published application?

Answer: It places the submitted prior art in the application file for the examiner to consider

A third-party submission under 37 CFR 1.291 places cited prior art in the application file for the examiner's consideration during prosecution.

Under 35 U.S.C. § 120, what must a continuation application do to receive the benefit of its parent application's filing date?

Answer: Be copending with the parent and include a specific reference to the parent in the application

Under § 120, a continuation must be copending with the parent and contain a specific reference to the parent application to receive the benefit of the parent's filing date.

Under 37 CFR 1.97 and 1.98, what is the primary obligation when filing an Information Disclosure Statement (IDS)?

Answer: To provide a copy of each cited document and a concise explanation of each reference's relevance

An IDS must include a copy of each cited document (or a statement that it is cited in a prior application) and may include a concise explanation of relevance, satisfying the applicant's duty of disclosure.