Patent Bar Exam International Patents 4 — Questions and Answers
Question 1: Which of the following is NOT a ground for refusing to grant a European patent under the EPC?
- Lack of novelty
- Lack of inventive step
- Failure to pay a national validation fee (Correct answer)
- Insufficient disclosure
Correct answer: Failure to pay a national validation fee
National validation fees are post-grant requirements; failure to pay them affects enforceability in individual states but does not prevent EPO grant.
Question 2: Under the Patent Cooperation Treaty, an international application is published by WIPO how many months after the priority date by default?
- 12 months
- 18 months (Correct answer)
- 24 months
- 30 months
Correct answer: 18 months
PCT applications are published by the International Bureau 18 months from the earliest priority date, mirroring the US 18-month publication rule.
Question 3: An applicant files a PCT application and later wants to amend the claims before the ISA finishes the search. Under PCT Article 19, when may such amendments be made?
- Only after receiving the International Search Report (Correct answer)
- Before the ISA begins searching
- At any time during the international phase
- Only after Chapter II examination begins
Correct answer: Only after receiving the International Search Report
Article 19 amendments to claims may be filed only after receipt of the International Search Report and within a prescribed time limit.
Question 4: The TRIPS Agreement requires WTO member countries to provide patent protection for a minimum term of:
- 17 years from grant
- 20 years from filing (Correct answer)
- 25 years from filing
- 15 years from publication
Correct answer: 20 years from filing
TRIPS Article 33 requires WTO members to grant patents for a minimum term of 20 years from the filing date.
Question 5: Which statement correctly describes the Patent Law Treaty (PLT)?
- It creates a single international patent enforceable in all contracting states
- It harmonizes formal requirements for national and regional patent applications (Correct answer)
- It replaces the PCT for non-US applicants
- It governs compulsory licensing of patented pharmaceuticals
Correct answer: It harmonizes formal requirements for national and regional patent applications
The PLT harmonizes formal filing requirements (e.g., filing date requirements, forms) across contracting states but does not affect substantive patent law.
Question 6: Under 35 U.S.C. § 119(a), a US patent application may claim priority to a foreign application filed in a Paris Convention country within:
- 6 months
- 12 months (Correct answer)
- 18 months
- 24 months
Correct answer: 12 months
Section 119(a) implements the Paris Convention 12-month priority right for US national applications claiming foreign priority.
Question 7: When a PCT application enters the US national phase under 35 U.S.C. § 371, the applicant must typically also provide a translation if the international application was filed in a language other than English. This translation must be submitted:
- Within 6 months of the national phase deadline
- By the 30-month national phase deadline (Correct answer)
- Only if requested by the USPTO
- At allowance
Correct answer: By the 30-month national phase deadline
An English translation of a non-English PCT application must be submitted by the 30-month national phase entry deadline under 37 C.F.R. § 1.495(c).
Patent Bar Exam International Patents 4
Which of the following is NOT a ground for refusing to grant a European patent under the EPC?