Question: Copendency is defined in the clause which requires that the later-filed application must be filed before the occurrence of what? Answer: Copendency is defined in the clause which requires that the later-filed application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the […] The post MPEP Q & A 354: When must copendency be filed before? appeared first on Patent Education Series ....
May 19, 2026•2 min
Question: When can claims be finally rejected in a first Office action for a new application? Answer: For a new application, claims may be finally rejected in the first Office action when: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) all claims of the new […] The post MPEP Q & A 353: When can claims be finally rejected in a first Office action for a new application? appeared first on Patent Education Series ....
May 05, 2026•3 min
Question: List 3 fees that are reduced by 80 percent for micro entities. Answer: The fees which are reduced by 80 percent for micro entities include: filing fees (nonprovisional and provisional) search fees examination fees issue fees appeal fees for utility design, plant, and reissue patent applications patent maintenance fees including the maintenance fee grace […] The post MPEP Q & A 352: List 3 fees that are reduced by 80 percent for micro entities. appeared first on Patent Education Ser...
Apr 21, 2026•3 min
Question: List 2 situations where RCE provisions do not apply. Answer: The RCE provisions do not apply to: (A) a provisional application; (B) an application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995; (C) an international application filed under 35 U.S.C. 363 before June 8, 1995, or an […] The post MPEP Q & A 351: List 2 situations where RCE provisions do not apply. appeared first on Patent Education Series ....
Apr 07, 2026•3 min
Question: What does application information include? Answer: Application information includes the title of the invention, the total number of drawing sheets, a suggested drawing figure for publication (in a nonprovisional application), any docket number assigned to the application, and the type of application (e.g., utility, plant, design, reissue, provisional). Chapter Details: The answer to this […] The post MPEP Q & A 350: What does application information include? appeared first on Paten...
Mar 24, 2026•2 min
Question: As of December 29. 2022, list 3 fees that are reduced by 60 percent for small entities? Answer: As of December 29. 2022, the following fees are reduced by 60 percent for small entities: patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees; […] The post MPEP Q & A 349: List 3 fees that are reduced by 60 percent for small entities. appeared first on Patent Education Series ....
Mar 10, 2026•3 min
Question: Give 3 examples of asexually propagated plants. Answer: Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, apomictic seeds, bulbs, division, slips, rhizomes, runners, corms, tissue culture, nucellar embryos, etc. Chapter Details: The answer to this question […] The post MPEP Q & A 348: Give 3 examples of asexually propagated plants. appeared first on Patent Educatio...
Feb 24, 2026•2 min
Question: What rule are design practitioners registered under and what can they practice in? Answer: Design patent practitioners are registered under 37 C.F.R. 11.6(d) and can only practice in design patent matters. In contrast, patent practitioners registered under 37 C.F.R. 11.6(a)-(c) can practice in all patent matters, which includes design patent matters. Chapter Details: The […] The post MPEP Q & A 347: What rule are design practitioners registered under and what can they practice in? ...
Feb 10, 2026•3 min
Question: When is a Sequence Listing XML required? Answer: When an application filed under 35 U.S.C. 111(a) having a filing date on or after July 1, 2022, or an application which entered the national stage, having an international filing date on or after July 1, 2022, contains disclosure of nucleotide and/or amino acid sequences, a […] The post MPEP Q & A 346: When is a Sequence Listing XML required? appeared first on Patent Education Series ....
Jan 27, 2026•2 min
Question: List two types of individuals that affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made by. Answer: Affidavits or declarations filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 must be made by either: […] The post MPEP Q & A 345: List two types of individuals that affidavits filed under 37 C.F.R. 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 can be made b...
Jan 13, 2026•4 min
Question: How can an applicant overcome a statutory double patenting rejection? Answer: A terminal disclaimer cannot be filed to obviate a statutory double patenting rejection. A statutory double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. A complete response to a statutory double […] The post MPEP Q & A 344: How can an applicant overcome a statutory double patenting rejection? appeared first on Patent Educat...
Dec 30, 2025•4 min
Question: Can any further submission of prior art by the same real party in interest be considered after the filing of the protest? Answer: After the filing of the protest, no further submission of prior art by the same real party in interest will be considered, except for new, non-cumulative prior art submitted requires that a […] The post MPEP Q & A 343: Can prior art submissions occur after the filing of the patent? appeared first on Patent Education Series ....
Dec 16, 2025•3 min
Question: When has a 35 U.S.C. 102 rejection over multiple references been held to be proper when the extra references are cited? Answer: Normally, only one reference should be used in making a rejection under 35 U.S.C. 102. However, a 35 U.S.C. 102 rejection over multiple references has been held to be proper when the […] The post MPEP Q & A 342: When is a 35 U.S.C. 102 rejection over multiple references held to be proper? appeared first on Patent Education Series ....
Dec 02, 2025•3 min
Question: What happens when the claim for foreign priority or the certified copy of the foreign application is filed after the date of payment of the issue fee but prior to the date of grant of the patent? Answer: When the claim for foreign priority or the certified copy of the foreign application is filed […] The post MPEP Q & A 341: Circumstances surrounding claim for foreign priority. appeared first on Patent Education Series ....
Nov 18, 2025•3 min
Question: What are some non-limiting examples of claims that are not directed to any of the statutory categories? Answer: Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible form, such as information (often referred to as “data per se”) or […] The post MPEP Q & A 340: What are non-limiting examples of claims that are not directed to any of the statutory categories? appeared first on Patent Educatio...
Nov 04, 2025•3 min
Question: When is information material to patentability according to the duty to disclose? Answer: Information is material to patentability when it is not cumulative to information already of record or being made of record in the application, and (1) It establishes, by itself or in combination with other information, a prima facie case of unpatentability of […] The post MPEP Q & A 339: When is information material to patentability according to the duty to disclose? appeared first on Patent E...
Oct 21, 2025•2 min
Question: What are two of the requirements for an English language translation of a non-English language foreign application? Answer: If an English language translation of a non-English language foreign application is required: 1) the translation must be that of the certified copy (of the foreign application as filed) and 2) it must be filed together […] The post MPEP Q & A 338: Requirements for an English language translation of a non-English language foreign application. appeared first on ...
Oct 07, 2025•2 min
Question: List three examples of the kinds of information, in addition to prior art documents, that can be relied on in a protest. Answer: The following are examples of the kinds of information, in addition to prior art documents, which can be relied on in a protest: (A) Information demonstrating that the invention was publicly known […] The post MPEP Q & A 337: Kinds of information that can be relied on in a protest. appeared first on Patent Education Series ....
Sep 23, 2025•3 min
Question: When should relevant documentation submitted to a regulatory review body be submitted for the Office for review? Answer: Where relevant documentation is submitted to a regulatory review body, such as the U.S. Food & Drug Administration (FDA), and is material to any pending patent application or reexamination proceeding, such documentation should be submitted for […] The post MPEP Q & A 336: Circumstances when relevant documentation should be submitted to regulatory review body....
Sep 09, 2025•3 min
Question: Under what circumstances will the international and search fees be refunded? Answer: The international and search fees will be refunded if no international filing date is accorded or if the application is withdrawn before transmittal of the record copy to the International Bureau. The search fee will be refunded if the application is withdrawn […] The post MPEP Q & A 335: Under what circumstances will international and search fees be refunded? appeared first on Patent Education Ser...
Aug 26, 2025•3 min
Question: Which two types of assignee(s) may conduct either the prosecution of a national application for patent or a reexamination proceeding? Answer: The assignee(s) who may conduct either the prosecution of a national application for patent or a reexamination proceeding are: (1) A single assignee. An assignee of the entire right, title and interest in the […] The post MPEP Q & A 334: Assignee(s) who may conduct prosecution or reexamination. appeared first on Patent Education Series ....
Aug 12, 2025•3 min
Question: If additional defects or errors are corrected in the reissue after the filing of the reissue oath or declaration, is a supplemental reissue oath or declaration required? Answer: For applications filed on or after September 16, 2012, if additional defects or errors are corrected in the reissue after the filing of the reissue oath […] The post MPEP Q & A 333: When a supplemental reissue oath or declaration is required. appeared first on Patent Education Series ....
Jul 29, 2025•3 min
Question: Is a provisional application that is relied upon for priority in a U.S. patent and is abandoned available through the Patent Center? Answer: Yes, a provisional application that is relied upon for priority in a U.S. patent and is abandoned may be available through the Patent Center. Generally though, provisional applications are not published and […] The post MPEP Q & A 332: Availability of provisional application relied on for priority and abandoned. appeared first on Patent Educat...
Jul 15, 2025•3 min
Question: Does the new ground of rejection raised by the Board in an appeal reopen prosecution? Answer: The new ground of rejection raised by the Board does not reopen prosecution except as to that subject matter to which the new rejection was applied. If the Board’s decision in which the rejection was made includes an affirmance […] The post MPEP Q & A 331: Does new ground of rejection raised by the Board in an appeal reopen prosecution? appeared first on Patent Education Series ....
Jul 01, 2025•3 min
Question: Name two items the Technology Center will verify when a Request for Continuing Examination is initially processed. Answer: An RCE will be initially processed by the Technology Center (TC) assigned the application. Technical support personnel in the TC will verify that: (A) the application is a utility or plant application (i.e., not a design […] The post MPEP Q & A 330: Items the Technology Center will verify when a Request for Continuing Examination is initially processed. appeare...
Jun 17, 2025•3 min
Question: What non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period? Answer: The following non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period: (1) Petitioner engaged in significant, constructive efforts with the examiner to resolve the issue outside of the petitions […] The post MPEP Q & A 329: Non-exhaustive factors to determine whether to accept a petition after the 2-month perio...
Jun 03, 2025•3 min
Question: What are the reasons for insisting upon a restriction? Answer: Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each inventionas claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the […] The post MPEP Q & A 328: Reasons for insisting upon a restriction? appeared first on Patent Education Series ....
May 20, 2025•3 min
Question: What information should also be submitted for each patent on which a maintenance fee or surcharge is paid? Answer: The following information should also be submitted for each patent on which a maintenance fee or surcharge is paid: (A) the fee year (i.e., 3 1/2, 7 1/2, or 11 1/2 year fee); (B) the […] The post MPEP Q & A 327: Information submitted for each patent on which a maintenance fee or surcharge is paid. appeared first on Patent Education Series ....
May 06, 2025•2 min
Question: What applications count for the filing limits for the purposes of establishing micro entity status under the “gross income” basis? Answer: For purposes of establishing micro entity status under the “gross income” basis, the application filing limit includes: (i) previously filed U.S. nonprovisional applications (e.g., utility, design, plant, continuation, and divisional applications), (ii) previously filed […] The post MPEP Q & A 326: Applications that count for “gross income” basi...
Apr 22, 2025•3 min
Question: List two pieces of information that should be placed on the first page of a protest. Answer: Each protest should be clearly identified as a “PROTEST UNDER 37 CFR 1.291.” It is also important that any protest against a pending application specifically identify the application to which the protest is directed with the identification being […] The post MPEP Q & A 325: List the pieces of information that should be placed on the first page of a protest. appeared first on Patent Educatio...
Apr 08, 2025•3 min
