Questions of the Day as Blog Entries
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Posted by Suzanne Maheu on August 3rd, 2008 | Permalink
Jim's Practice Question of the Day (177)
An applicant filed a US non-provisional application, accompanied by a proper non-publication request. Seven months after the application was filed an application was filed in Japan by the same applicant and directed to the same invention. No priority claim was made, however, for the benefit of the earlier US application. Which of the following statements is true?
(A) The non-provisional application was abandoned as of the date that the Japanese application was filed.
(B) Failure to notify the USPTO of the filing of the Japanese application within forty five days of the filing of the Japanese application results in abandonment of the US application.
(C) Failure to notify the USPTO of the filing of the Japanese application within sixty five days of the filing of the Japanese application results in abandonment of the US application.
(D) The priority benefit of the US application is forfeited.
(E) The invention of disclosed in the non-provisional application is now barred from being patented in the Unites States.
Posted by Suzanne Maheu on July 4th, 2008 | Permalink
Answer to Jim's Practice Question of the Day (177)
(B) is correct. 37 CFR 1.213. Remember the rule. If you ask for non-publication and file anyway, I am going to shoot you with my big Colt 45.
Posted by Suzanne Maheu on July 4th, 2008 | Permalink
Jim's Practice Question of the Day (176)
A PCT application is filed in The European Patent Office on March 5, 2007 claiming priority from a Spanish application filed May 12, 2006. On January 23, 2008, the applicant filed an application in the US Patent Office under 325 USC 111, claiming priority under 35 USC 119(a-d) from the Spanish application and properly referencing the application as a continuation of the PCT application.
What must be done to perfect the claims for priority for the Spanish application?
(A) A certified copy of the Spanish application must be submitted.
(B) A certified copy of the PCT application must be filed.
(C) A translation of the Spanish application must be filed.
(D) A fee must be paid for claiming priority.
(E) A statement must be submitted that the disclosure in the Spanish application fully supports the disclosure of the continuation application.
Posted by Suzanne Maheu on July 3rd, 2008 | Permalink
Answer to Jim's Practice Question of the Day (176)
(A) is correct. It’s the same as perfecting priority for a non-PCT application.
Posted by Suzanne Maheu on July 3rd, 2008 | Permalink
