International Patents Flashcards
7 cards from real Patent Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 International Patents flashcards as text
Under PCT Chapter II, an International Preliminary Examination (IPEA) is conducted. What is its primary purpose?
Answer: To provide a non-binding opinion on patentability before national phase entry
The IPEA under Chapter II issues a non-binding International Preliminary Report on Patentability (IPRP) to assist national offices.
The Paris Convention right of priority for patents is:
Answer: 12 months from the first filing
Article 4 of the Paris Convention grants a 12-month priority period for patents from the date of the first regular national filing.
A US applicant files a PCT application without claiming priority to any prior application. The international filing date serves as the:
Answer: Priority date for Paris Convention purposes
When no prior application is claimed, the PCT filing date itself becomes the priority date for all designated states.
What is the Budapest Treaty primarily concerned with?
Answer: International recognition of microorganism deposits for patent purposes
The Budapest Treaty allows a single deposit of biological material at an International Depositary Authority (IDA) to satisfy disclosure requirements in all contracting states.
An International Searching Authority (ISA) may refuse to search claims that are so unclear that:
Answer: A meaningful search cannot be carried out
Under PCT Rule 39, an ISA may decline to search claims that are incomprehensible to the extent a meaningful search is impossible.
Under 37 C.F.R. § 1.495, to enter the US national phase from a PCT application, the applicant must submit which of the following by the 30-month deadline?
Answer: The national stage fee and an oath or declaration
Under 37 C.F.R. § 1.495, entering the US national phase requires payment of the national fee and submission of an oath or declaration within 30 months of the priority date.
In PCT practice, 'unity of invention' is required. Which of the following best describes this requirement?
Answer: All claims must relate to a single inventive concept linked by a common technical feature
PCT Rule 13 requires unity of invention, meaning claims must share a special technical feature that defines a contribution over the prior art.
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