Patent Bar Exam International Patents 4

Question 1

Which of the following is NOT a ground for refusing to grant a European patent under the EPC?

Accepted Answer

Failure to pay a national validation fee

Answer

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?

Accepted Answer

18 months

Answer

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?

Accepted Answer

Only after receiving the International Search Report

Answer

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:

Accepted Answer

20 years from filing

Answer

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)?

Accepted Answer

It harmonizes formal requirements for national and regional patent applications

Answer

The PLT harmonizes formal filing requirements (e.g., filing date requirements, forms) across contracting states but does not affect substantive patent law.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam International Patents 4