Patent Bar Exam Ethics and Professional Responsibility 5

Question 1

A practitioner who has been disbarred from a state bar but remains registered with the USPTO may:

Accepted Answer

Face separate USPTO disciplinary proceedings based on the state disbarment

Answer

Under 37 CFR 11.24, a disciplinary action in another jurisdiction is grounds for reciprocal discipline before the USPTO, including possible exclusion.

Question 2

Under 37 CFR 11.105, before or within a reasonable time after commencing representation, a practitioner must:

Accepted Answer

Communicate the basis or rate of the fee and expenses to the client

Answer

37 CFR 11.105 requires that the basis or rate of the fee and expenses be communicated to the client before or within a reasonable time after commencing representation.

Question 3

A practitioner is asked to sign a declaration on behalf of an inventor who is unavailable. The practitioner knows the facts stated are true. Under the USPTO rules, the practitioner should:

Accepted Answer

Decline to sign the declaration because only the inventor may make the required oath

Answer

The inventor's oath or declaration must be signed by the inventor (or a permitted substitute), not by the practitioner, even if the practitioner knows the facts to be true.

Question 4

Under the USPTO Rules of Professional Conduct, a supervisory practitioner is responsible for another practitioner's ethical violation when:

Accepted Answer

The supervisory practitioner ordered, ratified, or knew of and failed to take remedial action for the misconduct

Answer

Under 37 CFR 11.505, a supervisory practitioner is responsible for misconduct they ordered, ratified, or failed to remedy after learning of it.

Question 5

Which of the following is NOT an element required to establish inequitable conduct before the USPTO under Therasense, Inc. v. Becton, Dickinson and Co.?

Accepted Answer

The withheld information was cumulative of other information already of record

Answer

Under Therasense, cumulative information is not material, so withholding information that is merely cumulative cannot establish inequitable conduct.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Ethics and Professional Responsibility 5