Patent Bar Exam Post-Grant Proceedings

Question 1

What is the deadline for filing a petition for Post-Grant Review (PGR) of a patent?

Accepted Answer

Within 9 months of the patent grant or reissuance

Answer

Within 6 months of the patent grant or reissuance

Answer

Within 12 months of the patent grant or reissuance

Answer

Within 18 months of the patent grant or reissuance

Question 2

Who may file a request for Ex Parte Reexamination under 35 U.S.C. § 302?

Accepted Answer

Any person, including the patent owner, third parties, and the USPTO Director

Answer

Only third parties with a financial interest in the patent

Answer

Only the patent owner

Answer

Only parties who have been sued for patent infringement

Question 3

What threshold must the USPTO find to institute Inter Partes Review (IPR)?

Accepted Answer

A reasonable likelihood that the petitioner would prevail on at least one challenged claim

Answer

A substantial new question of patentability

Answer

More likely than not that at least one challenged claim is unpatentable

Answer

Clear and convincing evidence that the challenged claims are invalid

Question 4

Which of the following grounds CANNOT be raised in an Inter Partes Review (IPR) proceeding?

Accepted Answer

Prior public use or prior sale under § 102

Answer

Anticipation by a prior art patent under § 102

Answer

Obviousness based on prior art patents under § 103

Answer

Obviousness based on a combination of printed publications under § 103

Question 5

Within what time frame must the USPTO issue a final written decision after instituting an IPR?

Accepted Answer

12 months from institution

Answer

6 months from institution

Answer

9 months from institution

Answer

18 months from institution

Question 6

Under 35 U.S.C. § 315(b), an IPR petition may not be filed more than one year after the petitioner was served with what?

Accepted Answer

A complaint alleging infringement of the patent in civil action

Answer

A cease-and-desist letter from the patent owner

Answer

An office action citing the patent as prior art

Answer

A licensing demand from the patent owner

Question 7

Which post-grant proceeding was created by the Leahy-Smith America Invents Act (AIA) to replace Inter Partes Reexamination?

Accepted Answer

Inter Partes Review (IPR)

Answer

Ex Parte Reexamination

Answer

Supplemental Examination

Answer

Derivation Proceeding