Patent Bar Exam International Patents 3 — Questions and Answers
Question 1: Under PCT Chapter II, an International Preliminary Examination (IPEA) is conducted. What is its primary purpose?
- To grant an international patent
- To provide a non-binding opinion on patentability before national phase entry (Correct answer)
- To replace the ISR
- To invalidate previously filed applications
Correct 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.
Question 2: The Paris Convention right of priority for patents is:
- 6 months from the first filing
- 12 months from the first filing (Correct answer)
- 18 months from the first filing
- 30 months from the first filing
Correct 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.
Question 3: A US applicant files a PCT application without claiming priority to any prior application. The international filing date serves as the:
- Priority date for Paris Convention purposes (Correct answer)
- National phase deadline
- Date of publication only
- EPO filing date
Correct 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.
Question 4: What is the Budapest Treaty primarily concerned with?
- Recognition of patent attorney qualifications across borders
- International recognition of microorganism deposits for patent purposes (Correct answer)
- Cross-border enforcement of patent injunctions
- Harmonization of patent term lengths
Correct 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.
Question 5: An International Searching Authority (ISA) may refuse to search claims that are so unclear that:
- A meaningful search cannot be carried out (Correct answer)
- The claims exceed 20 words each
- The abstract is missing
- Fees are unpaid by the ISA deadline
Correct 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.
Question 6: 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?
- A Request for Continued Examination (RCE)
- The national stage fee and an oath or declaration (Correct answer)
- A continuation-in-part application
- A Certificate of Correction
Correct 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.
Question 7: In PCT practice, 'unity of invention' is required. Which of the following best describes this requirement?
- All claims must relate to a single inventive concept linked by a common technical feature (Correct answer)
- Only one independent claim per application is permitted
- All designated states must examine the same claims
- The inventor must be a single natural person
Correct 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.
Patent Bar Exam International Patents 3
Under PCT Chapter II, an International Preliminary Examination (IPEA) is conducted.
What is its primary purpose?