Patent Bar Exam Patent Law Fundamentals 4

Question 1

Under the Patent Cooperation Treaty (PCT), what is the deadline for entering the US national phase from the international filing date?

Accepted Answer

30 months from the priority date

Answer

Under 35 U.S.C. § 371 and PCT Article 22, the deadline for entering the US national phase is 30 months from the earliest priority date claimed in the international application.

Question 2

What is a 'Jepson claim' format in patent prosecution?

Accepted Answer

A claim with a preamble stating prior art elements and a body claiming the improvement thereto

Answer

A Jepson claim includes a preamble acknowledging prior art elements followed by 'the improvement comprising' language, which limits the claim to the improvement over the admitted prior art.

Question 3

Under 35 U.S.C. § 103, when is an invention considered obvious?

Accepted Answer

When the differences between the claimed invention and the prior art would have been obvious to a person of ordinary skill at the time of the invention

Answer

Under § 103, an invention is obvious—and thus unpatentable—if the differences between the claimed invention and the prior art would have been obvious to a POSITA at the time the claimed invention was made.

Question 4

What is the term of a utility patent filed after June 8, 1995?

Accepted Answer

20 years from the earliest effective U.S. filing date

Answer

Under 35 U.S.C. § 154(a)(2), utility patents filed after June 8, 1995 have a term of 20 years from the earliest effective U.S. filing date of the application.

Question 5

Which of the following is an example of subject matter eligible for patent protection under 35 U.S.C. § 101?

Accepted Answer

A novel machine that uses a natural phenomenon to produce a useful result

Answer

Under Alice/Mayo framework, a machine that applies a natural phenomenon in a meaningful way to produce a useful, concrete, and tangible result passes § 101 eligibility.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Patent Law Fundamentals 4