Patent Bar Exam International Patents 5

Question 1

Under the EPC, the 'Problem and Solution Approach' is used to assess:

Accepted Answer

Inventive step (non-obviousness)

Answer

The EPO's Problem and Solution Approach is a structured method for evaluating inventive step by identifying the closest prior art, the objective technical problem, and whether the solution would have been obvious.

Question 2

A US patent practitioner representing a foreign client before the USPTO on a national phase application must comply with which set of rules?

Accepted Answer

USPTO rules and 37 C.F.R.

Answer

Once a PCT application enters the US national phase, it is subject to USPTO rules (37 C.F.R.) and US patent law regardless of the applicant's nationality.

Question 3

Which of the following correctly describes a 'regional phase' under the PCT?

Accepted Answer

Entry into a regional patent office (e.g., EPO) that grants patents covering multiple member states

Answer

Regional phase entry means pursuing patent rights through a regional office such as the EPO, which can grant protection covering all designated EPC member states with a single grant.

Question 4

Under PCT Rule 66.1, during Chapter II international preliminary examination, the applicant has the right to:

Accepted Answer

Amend the claims, description, and drawings before the written opinion becomes final

Answer

PCT Rule 66.1 gives applicants the right to submit amendments and arguments in response to the examiner's written opinion during Chapter II proceedings.

Question 5

An international application filed under the PCT with the USPTO as receiving office must be filed in which language to be acceptable?

Accepted Answer

English only

Answer

Under PCT Rule 12.1, when the USPTO acts as receiving office, the international application must be in English.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam International Patents 5