Patent Bar Exam Patent USPTO Rules & Regulations 4

Question 1

Under 35 U.S.C. § 154, what is the standard term of a utility patent granted on an application 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 have a term of 20 years from the earliest effective U.S. filing date of the application.

Question 2

Under 37 CFR 1.362, what is the consequence of failing to pay a maintenance fee for a utility patent?

Accepted Answer

The patent expires at the end of the grace period if the fee is not paid

Answer

Failure to pay a maintenance fee causes the patent to expire; it may be reinstated within a 6-month grace period upon payment of the maintenance fee plus a surcharge.

Question 3

Under 35 U.S.C. § 251, what is the purpose of a reissue application, and what is the key limitation on broadening reissue claims?

Accepted Answer

To correct errors that cause the patent to be inoperative or invalid; broadening reissue must be filed within 2 years of grant

Answer

A reissue application corrects errors that render the patent wholly or partly inoperative, and broadening reissue claims must be filed within 2 years of the original patent grant.

Question 4

Under 35 U.S.C. § 305, what restrictions apply to claim amendments during an ex parte reexamination proceeding?

Accepted Answer

Claims may only be amended or added to narrow the scope; no broadening is permitted

Answer

During ex parte reexamination, claims may only be narrowed or new narrower claims added; broadening the scope beyond the original claims is prohibited by 35 U.S.C. § 305.

Question 5

Under 37 CFR 1.291, what is the effect of a third-party submission of prior art in a published application?

Accepted Answer

It places the submitted prior art in the application file for the examiner to consider

Answer

A third-party submission under 37 CFR 1.291 places cited prior art in the application file for the examiner's consideration during prosecution.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Patent USPTO Rules & Regulations 4