Patent Bar Exam International Patents 2 — Questions and Answers
Question 1: Under the PCT, what is the time limit for entering the national/regional phase from the international filing date if no Chapter II demand is filed?
- 20 months
- 30 months (Correct answer)
- 18 months
- 36 months
Correct answer: 30 months
The standard deadline for entering the national/regional phase is 30 months from the priority date under PCT Article 22.
Question 2: Which international body administers the Madrid System for the international registration of trademarks, which is analogous in structure to the PCT for patents?
- EPO
- WIPO (Correct answer)
- WTO
- OECD
Correct answer: WIPO
WIPO administers the Madrid System for trademarks, just as it administers the PCT for patents.
Question 3: A PCT application claims priority to a US provisional filed on March 1, 2025. What is the latest date the PCT application can be filed to preserve that priority?
- March 1, 2026 (Correct answer)
- September 1, 2025
- March 1, 2025
- December 1, 2025
Correct answer: March 1, 2026
A PCT application must be filed within 12 months of the priority date to claim benefit under Paris Convention Article 4.
Question 4: Under PCT Rule 26bis.3, an applicant who misses the priority filing deadline may still restore priority if the delay was:
- Intentional and unexplained
- Unintentional or due to circumstances beyond the applicant's control (Correct answer)
- Caused by the ISA
- More than 6 months
Correct answer: Unintentional or due to circumstances beyond the applicant's control
PCT Rule 26bis.3 allows restoration of priority rights if the failure to file was unintentional or due to circumstances beyond the applicant's control.
Question 5: What does the International Search Report (ISR) contain?
- A patentability decision binding on all designated states
- Citations of prior art documents discovered during the international search (Correct answer)
- A grant of patent rights in designated countries
- A mandatory rejection of the claims
Correct answer: Citations of prior art documents discovered during the international search
The ISR lists prior art documents found by the International Searching Authority but does not constitute a binding patentability ruling.
Question 6: Under 35 U.S.C. § 365(c), a PCT application designating the US may enter the US national phase and is treated as:
- A continuation of the priority application
- A regular national application under 35 U.S.C. § 111(a) (Correct answer)
- A provisional application
- A design patent application
Correct answer: A regular national application under 35 U.S.C. § 111(a)
A PCT application that enters the US national phase under 35 U.S.C. § 371 is treated as a regular national application under § 111(a).
Question 7: Under the European Patent Convention (EPC), after grant, a European patent must be validated in individual member states. What is this process called?
- National phase entry
- Validation (Correct answer)
- Designation
- Annexation
Correct answer: Validation
After the EPO grants a European patent, the patentee must 'validate' it in each desired EPC member state by paying fees and, often, filing translations.
Patent Bar Exam International Patents 2
Under the PCT, what is the time limit for entering the national/regional phase from the international filing date if no Chapter II demand is filed?