Practice Test Geeks(ACP) Advanced Certified Paralegal Practice Test
← All ACP Flashcard Decks

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.

Read the first 7 Patent & Trademark Filing flashcards as text

  1. Under the America Invents Act (AIA), the U.S. patent system changed to a:

    Answer: First-inventor-to-file system

    The AIA, effective March 16, 2013, converted the U.S. from a first-to-invent system to a first-inventor-to-file system to harmonize with most foreign patent systems.

  2. What is a continuation-in-part (CIP) patent application?

    Answer: An application that adds new subject matter to a prior pending application while retaining some of the original disclosure

    A CIP adds new matter not disclosed in the parent; claims directed to new matter receive the CIP's filing date, while claims supported by the original disclosure retain the parent's priority date.

  3. Which trademark filing basis requires that the mark is already in use in interstate commerce at the time of filing?

    Answer: Section 1(a) — Use in commerce basis

    A Section 1(a) application requires the applicant to have already used the mark in commerce on or in connection with all listed goods or services.

  4. A patent claim that reads directly on a prior art reference is said to be:

    Answer: Anticipated

    Anticipation under 35 U.S.C. § 102 occurs when every element of a patent claim is found in a single prior art reference.

  5. A trademark becomes 'incontestable' under the Lanham Act after being on the Principal Register for:

    Answer: 5 years with continuous use and a Section 15 declaration filed

    Under 15 U.S.C. § 1065, a registered mark may become incontestable after five years of continuous use following registration if a Section 15 declaration is filed.

  6. What is the statutory bar under 35 U.S.C. § 102(b) (pre-AIA) that prevents patenting if the invention was publicly disclosed more than one year before the U.S. filing date?

    Answer: On-sale bar and public use bar

    Pre-AIA § 102(b) bars a patent if the invention was on sale or in public use in the U.S. more than one year before the patent application filing date.

  7. Which document is filed to formally record an assignment of a patent or patent application with the USPTO?

    Answer: Recordation Cover Sheet with the assignment agreement

    An assignment is recorded at the USPTO by submitting a Recordation Cover Sheet along with the executed assignment document, creating constructive notice of the transfer.