A simple patent law question

     A man walked into a bar with a monkey on his shoulder. He orders a beer for himself and a soft drink for the monkey. “My monkey is an expert on patent law,” says the guy. The monkey just looks smug. The bartender responds, “Come on. Patent law is hard. I can see a monkey doing corporate law, but not patent law!” ‘

“No really” says the monkey guy. “I can prove it.”

“Okay,” says the bartender. Here are five possible answers to a simple patent law question. Let’s see your monkey pick the right one.”
”You are on!” replies the monkey owner. “What’s the question?”

‘In which of the following situations can the error be corrected and loss of right be avoided?’ said the bartender.

Which of the following answers did the patent monkey select?

(A) The attorney for an applicant paid the issue fee for an application after the due date.

(B) An application was filed in the Office, but the filing fee was inadvertently omitted.

(C) In responding to an official action after the initial period to respond had run, an applicant failed to request an extension of time.

(D) The attorney forgot to file a divisional application as instructed by his client prior to issuance of the parent application.

(E) A patent issued with incorrect inventorship without deceptive intent.

Are you as smart as the patent monkey, who picked (D)?

Let’s examine each of the possible answers.

(A) The attorney for an applicant paid the issue fee for an application after the due date.

Missing the due date for payment of the issue can be fixed. The Office allows the fee to be paid late, with of course, the inevitable surcharge. MPEP 711.03(c)

(B) An application was filed, but the filing fee was inadvertently omitted.

In order to get a filing date all you need are a description of the invention, a claim and drawings if necessary to understand the invention. The filing fee, a translation into English and the oath or declaration can be filed later with, of course, the inevitable surcharge.

(C) In responding to an official action after the initial period to respond had run an applicant failed to request an extension of time.

An unintentionally or unavoidably abandoned application can be revived. MPEP 708

(D) The attorney forgot to file a divisional application as instructed by his client prior to issuance of the parent application.

Sorry. This mistake cannot be fixed. Failing to timely file any application cannot be corrected. But not to worry; the unlucky client can sue the attorney for everything he has or will ever had, his or her spouse left homeless, the children sold into slavery.

(E) A patent issued with incorrect inventorship without deceptive intent.

Incorrect inventorship can be corrected even after issue. 35 USC 256