ACP Patent & Trademark Filing 3

Question 1

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

Accepted Answer

First-inventor-to-file system

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

Section 1(a) — Use in commerce basis

Answer

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.

Question 4

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

Accepted Answer

Anticipated

Answer

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

Question 5

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

Accepted Answer

5 years with continuous use and a Section 15 declaration filed

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Patent & Trademark Filing 3