Regulatory Compliance & Legal Framework Flashcards

A patent paralegal receives a Notice of Abandonment. Under 37 CFR 1.137, which basis can be used to revive an unintentionally abandoned application?

Answer: Filing a petition to revive with a statement that the entire delay was unintentional and paying the required fee

Under 37 CFR 1.137(a), an unintentionally abandoned application can be revived by filing a petition with a statement that the entire delay was unintentional and paying the revival fee.

Which regulation prohibits a registered patent practitioner from sharing patent prosecution work with a suspended or excluded practitioner?

Answer: 37 CFR 11.58

37 CFR 11.58 sets conditions for the activities of suspended or excluded practitioners and prohibits registered practitioners from sharing work or fees with them.

Under 35 U.S.C. 119(a), a U.S. patent application can claim priority to a foreign application if the U.S. application is filed within what time period?

Answer: 12 months of the foreign filing date

35 U.S.C. 119(a) allows a U.S. application to claim priority to a foreign application filed in a Paris Convention country if filed within 12 months of the foreign filing date.

An inventor who assigns all rights in a patent application to a company must still do which of the following?

Answer: Sign the original oath or declaration as the original applicant or have the assignee file under 37 CFR 1.46

Even after assignment, the inventor signs the oath/declaration unless the assignee files as applicant under 37 CFR 1.46, which allows the assignee to prosecute in its own name.

Under the Leahy-Smith America Invents Act, which transitional proceeding was created to challenge patents with claims directed to covered business methods?

Answer: Covered business method review (CBM)

The AIA created Covered Business Method (CBM) review as a transitional program specifically for challenging patents directed to financial products or services.

Which 35 U.S.C. provision grants the USPTO authority to require information from applicants when necessary to examine an application properly?

Answer: 35 U.S.C. 132

35 U.S.C. 132 authorizes examiners to reject claims and request information from applicants during examination, forming the basis for office actions.

A patent paralegal is calculating the maintenance fee due dates for a utility patent granted today. When must the first maintenance fee be paid to avoid lapsing?

Answer: 3.5 years from the grant date

The first maintenance fee for a U.S. utility patent is due at 3.5 years from the grant date, with subsequent fees due at 7.5 and 11.5 years.