Patent Bar Exam Patent Ethics & Professional Responsibility 2

Question 1

A patent practitioner learns that a client made a material misrepresentation to the USPTO during prosecution. The client refuses to authorize corrective action. What is the practitioner's ethical obligation?

Accepted Answer

Withdraw from representation if the client refuses to correct the fraud

Answer

Under 37 C.F.R. § 10.23 and OED rules, a practitioner must withdraw if the client refuses to correct a material misrepresentation to the USPTO.

Question 2

Which of the following best describes the 'duty of candor' under 37 C.F.R. § 1.56?

Accepted Answer

A duty of each individual associated with filing to disclose all known material information

Answer

Rule 1.56 imposes a duty on each individual associated with a patent application to disclose all information material to patentability.

Question 3

A practitioner is asked by a client to sign an oath on behalf of the inventor who is unavailable. Under 37 C.F.R. § 1.64, what is the appropriate course of action?

Accepted Answer

Execute a substitute statement if the inventor is deceased, legally incapacitated, or cannot be found after diligent effort

Answer

Under 37 C.F.R. § 1.64, a substitute statement may be filed when the inventor is deceased, legally incapacitated, or cannot be reached after diligent effort.

Question 4

Which action constitutes 'inequitable conduct' that can render a patent unenforceable?

Accepted Answer

Failing to disclose known material information with an intent to deceive the USPTO

Answer

Inequitable conduct requires both materiality and intent to deceive; withholding known material information with deceptive intent can render a patent unenforceable.

Question 5

An attorney represents both a startup and its lead investor in a patent matter. No adverse interests currently exist. What must the attorney do?

Accepted Answer

Obtain informed written consent from both clients acknowledging the joint representation

Answer

Even when interests are currently aligned, joint representation requires informed written consent from all clients due to the potential for future conflicts.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Patent Ethics & Professional Responsibility 2