Patent Bar Exam Patent Law Fundamentals 2

Question 1

Under 35 U.S.C. § 102, which event would trigger a one-year grace period for the inventor to file a patent application?

Accepted Answer

The inventor publicly discloses the invention at a trade show

Answer

Under the AIA, an inventor's own disclosure triggers a one-year grace period under 35 U.S.C. § 102(b)(1)(A), allowing the inventor to file within one year of that disclosure.

Question 2

What is the statutory time limit for filing a reply to a non-final Office Action from the USPTO?

Accepted Answer

Three months (extendable to six months with fees)

Answer

Under 37 C.F.R. § 1.134, applicants have three months to reply to a non-final Office Action, extendable up to six months upon payment of extension fees.

Question 3

Which doctrine allows a patent owner to recover damages from a party who sells a component specifically designed for use in a patented combination?

Accepted Answer

Contributory infringement

Answer

Contributory infringement under 35 U.S.C. § 271(c) imposes liability on one who sells a component with no substantial non-infringing use, knowing it is especially made for a patented combination.

Question 4

Under the America Invents Act (AIA), what type of proceeding allows a third party to challenge the validity of an issued patent based solely on prior art patents and printed publications?

Accepted Answer

Inter partes review (IPR)

Answer

Inter partes review (IPR) under 35 U.S.C. §§ 311-319 allows third parties to challenge patent validity based only on prior art patents and printed publications after nine months from issuance.

Question 5

What is the purpose of a restriction requirement issued by a USPTO examiner?

Accepted Answer

To require the applicant to elect one of several distinct inventions for examination

Answer

A restriction requirement under 35 U.S.C. § 121 requires the applicant to elect one distinct invention for examination when the application contains claims to two or more independent and distinct inventions.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Patent Law Fundamentals 2