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Patent & Trademark Filing Flashcards

7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. What is the purpose of a Patent Cooperation Treaty (PCT) application?

    Answer: To allow an applicant to seek patent protection simultaneously in multiple countries with a single filing

    A PCT application lets an inventor file one international application that preserves the right to pursue national-phase patents in PCT member states.

  2. During USPTO examination, an Office Action that finally rejects claims is called a:

    Answer: Final Office Action

    A Final Office Action closes prosecution on the merits and limits the applicant's responses to specific options such as an RCE or appeal.

  3. A trademark that consists solely of a surname is considered:

    Answer: Primarily merely a surname and requires acquired distinctiveness for registration

    Under 15 U.S.C. § 1052(e)(4), a mark that is primarily merely a surname is refused registration on the Principal Register absent proof of secondary meaning.

  4. Which post-grant USPTO proceeding allows a third party to challenge patent validity based solely on prior art patents and printed publications?

    Answer: Inter partes review (IPR)

    Inter partes review (IPR) is a trial proceeding before the PTAB that permits challenges only on grounds of anticipation or obviousness using patents or printed publications.

  5. What does 'patent prosecution' refer to in U.S. patent practice?

    Answer: The process of negotiating and amending claims with the USPTO during examination

    Patent prosecution encompasses all proceedings before the USPTO from initial filing through allowance or abandonment, including responding to Office Actions.

  6. The Madrid Protocol allows trademark applicants to:

    Answer: File a single international trademark application based on a home-country application or registration

    Through the Madrid System, a U.S.-based applicant can file one international application with WIPO, designating member countries where protection is sought.

  7. A design patent protects:

    Answer: The ornamental or aesthetic appearance of a manufactured article

    Design patents under 35 U.S.C. § 171 cover the new, original, and ornamental design for an article of manufacture, not its functional features.