Chapter 200

Question 1

apps filed under 35 USC 111

Answer 1

• filed on/after 12.18.13

- nonprov. utility, plant, design, divisional, continuation, CIP, reissue, design CPA

Question 2

filing date for design

Answer 2

• day PTO receives spec w/at least 1 claim and drawings

Question 3

provisional app

Answer 3

• filing date day PTO receives spec w/ or w/o claims
• no amendments
• not examined
• expire 12 months after filing

Question 4

incorporation by reference

Answer 4

• include explicit statement in spec

- including a 2nd doc w/in another doc by only mentioning the 2nd doc

Question 5

CPA

Answer 5

• continued prosecution application
• only for design
• abandons parent app as of filing date of CPA (don’t want to abandon, file continuation/divisional)
• same file wrapper & app #
• HOWEVER for priority purposes ONLY, treated as amended app not new app

Question 6

continuation app

Answer 6

• no new matter
• 1 common inventor
• parent must be pending

Question 7

CIP

Answer 7

• continuation-in-part
• filed during lifetime of prior nonprov app, repeating substantial portion of or all of prior app & adding new matter
• at least 1 common inventor

Question 8

transition app

Answer 8

• filed on/after 3.16.13 AND claim priority to app filed before 3.16.13
• can be AIA or pre-AIA depending on filing date
• must have statement saying such in transition app, need not point out specific claims

Question 9

claim benefit to int’l app designating US

Answer 9

• need not meet requirements for entering national stage

- “bypass” apps