When Athelia touches the barrier at Walnut Canyon, the download floods her mindânot just knowledge, but understanding. The examination system tests these four pillars: § 101 (is it even patentable?), § 102 (is it new?), § 103 (is it non-obvious?), and § 112 (can you describe and enable it?). Every inventionâevery wolf seeking her approvalâmust pass through these gates. This is the foundation of her power as Guardian Queen Examiner.
Carved into the stone at Walnut Canyon, Athelia discovers three ancient paths, each representing a way to enter the examination system:
Path One: Provisional Application (§ 111(b)) â A 12-month placeholder, like leaving a marker before committing to the full journey.
Path Two: Non-Provisional Application (§ 111(a)) â The complete path, full examination, the choice Athelia makes.
Path Three: Continuation (§ 120) â Building upon what came before, claiming the priority of an earlier filing.
When she touches Path Two's symbol, the barrier shatters. The download begins. She has chosen full examination.
| MPEP Section | Topic | Key Points |
|---|---|---|
| 201 | Types of Applications | Utility, design, plant, provisional, reissue, reexamination |
| 601 | Ownership/Assignment | Recording requirements, chain of title, assignment vs. license |
| 706 | Rejections & Objections | Form paragraphs, response requirements, appeal options |
| 711 | Period for Response | Shortened statutory period, extensions, abandonment |
| 713 | Express Abandonment | Voluntary abandonment, revival procedures, petition process |
| 714 | Continuation Practice | CIP, divisional, continuation requirements and timing |
| 715 | Requests for Continued Examination (RCE) | File after final rejection, pays issue fee equivalent, resets prosecution |
| 1200 | Appeals | Notice of Appeal, Appeal Brief, PTAB procedures |
| 1400 | Correction of Patents | Certificate of Correction, reissue, disclaimer |
| 1480 | Reissue | Broaden/narrow claims. Broadening: must file within 2 years of grant. |
| 2100 | Patentability | §§ 101, 102, 103, 112 examination guidance |
| 2106 | Patent-Eligible Subject Matter (§ 101) | Alice/Mayo test: abstract idea? Inventive concept? Software/biotech/business methods |
| 2131 | Anticipation (§ 102) | Single reference must disclose every claim element. Inherent disclosure counts. |
| 2141 | Obviousness (§ 103) | Graham factors, KSR, teaching/suggestion/motivation to combine references |
| 2161 | Written Description (§ 112(a)) | Must show possession of claimed invention. Species vs. genus issues. |
| 2164 | Enablement (§ 112(a)) |
In her role as Guardian Queen Examiner, Athelia learns that examiners are organized into branches, each marked by the color of their eyesâa reflection of their specialized domain:
Emerald Eyes: Utility examination (§ 101, MPEP 2106) â Do the claimed inventions serve a useful purpose?
Silver Eyes: Obviousness balance (§ 103, MPEP 2141) â Weighing what was known against what is claimed.
Black Eyes: Prior art search (§ 102, MPEP 2131) â Finding what came before, the hunters of novelty.
Sapphire Eyes: Pre-filing counseling â Severen's domain, guiding applicants before they touch the barrier.
Each branch enforces different requirements, but all serve the same purpose: ensuring only worthy inventions receive the protection of a patent grant.
| Event | Deadline | Consequence |
|---|---|---|
| Provisional â Non-Provisional | 12 months from provisional filing | Lose priority date if miss deadline |
| Foreign Priority (Paris Convention) | 12 months from first filing | Lose foreign priority rights |
| PCT National Stage Entry | 30 months from priority date | Forfeit national stage rights in that country |
| Grace Period (§ 102(b)(1)) | Must file within 1 year of inventor's disclosure | Disclosure becomes prior art, bars patent |
| Continuation/Divisional | Before parent abandons or issues | Lose priority claim to parent |
| Reissue (Broadening) | Within 2 years of grant | Can only narrow claims after 2 years |
| Office Action Type | Response Period | Extensions |
|---|---|---|
| Non-Final Office Action | 3 months (shortened statutory) | Up to 3 months extension (fees apply) |
| Final Office Action | 3 months (shortened statutory) | Up to 3 months extension (fees apply) |
| Notice of Allowance | 3 months to pay issue fee | May extend response time or petition to withdraw issue fee |
| Missing Parts Notice | 2 months | May request extension |
| Examiner's Answer (Appeal) | 2 months to file Reply Brief | Extensions available |
Time flows differently at the barrier. Athelia learns that deadlines are sacredârigid temporal boundaries that even the Guardian Queen cannot bend. Miss the 12-month window from provisional to non-provisional? The priority date is lost, like a marker washed away by the river of time. Miss the 3-month response to an office action? The application falls into abandonment, returning to the public domain.
These aren't arbitrary rulesâthey're the architecture of the system itself. The examination process demands timely response, timely filing, timely action. In Athelia's world, time is power, and those who respect its boundaries survive the examination.
Term = 20 years from earliest non-provisional U.S. filing date+ Patent Term Adjustment (PTA) for USPTO delays+ Patent Term Extension (PTE) for regulatory review (pharma/medical)
Term = 15 years from grant date (for apps filed after May 13, 2015)
Term = 20 years from filing date
1st month extension = $200 (micro), $400 (small), $800 (large)2nd month extension = $600 (micro), $1,200 (small), $2,400 (large)3rd month extension = $1,400 (micro), $2,800 (small), $5,600 (large)
Individual inventor ORSmall business (< 500 employees) ORNonprofit organizationCANNOT have assigned/licensed rights to large entity
Must qualify as small entity AND⤠4 previously filed applications ANDGross income < 3à median household income (~$200K) ANDNo obligation to assign to entity failing gross income test