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Advanced Professional Practice Flashcards

7 cards from real PPC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. A patent paralegal dockets a U.S. national phase entry from a PCT application. The PCT application was filed on March 15, 2024. What is the standard U.S. national phase entry deadline?

    Answer: 30 months from the earliest claimed priority date

    Under 35 U.S.C. § 371, the U.S. national phase entry deadline is 30 months from the earliest claimed priority date (or PCT filing date if no priority is claimed).

  2. Which of the following correctly describes the role of an Information Disclosure Statement (IDS) in U.S. patent prosecution?

    Answer: It is a document submitted by the applicant to disclose known prior art to the examiner to satisfy the duty of candor

    An IDS is filed by the applicant or their representative to disclose material prior art and other information to the examiner, fulfilling the duty of candor under 37 CFR 1.56.

  3. In patent prosecution, what is 'prosecution history estoppel' and when does it typically arise?

    Answer: A limitation on the doctrine of equivalents arising when a patent applicant narrows claims or surrenders claim scope during prosecution

    Prosecution history estoppel prevents a patent owner from using the doctrine of equivalents to recapture subject matter surrendered during prosecution through claim amendments or arguments.

  4. A patent application claims priority to a provisional application filed on January 10, 2023. The corresponding non-provisional application must be filed by:

    Answer: January 10, 2024

    A non-provisional application claiming priority to a provisional must be filed within 12 months of the provisional filing date under 35 U.S.C. § 119(e).

  5. Under the USPTO rules, who may sign a patent application oath or declaration for a juristic entity (e.g., corporation) that is the applicant?

    Answer: An officer of the corporation who is authorized to act on behalf of the corporation

    For a juristic entity applicant, the oath or declaration must be signed by an officer of the entity who is authorized to act on behalf of the entity under 37 CFR 1.64.

  6. What is the primary function of the Patent Cooperation Treaty (PCT) international search report (ISR)?

    Answer: To provide a non-binding opinion on patentability based on prior art identified by an international searching authority

    The ISR identifies prior art relevant to the claimed invention and is accompanied by a written opinion on novelty, inventive step, and industrial applicability, but is non-binding on national offices.

  7. An inventor assignment agreement was signed but never recorded with the USPTO. A subsequent bona fide purchaser for value records an assignment from the same inventor. Under 35 U.S.C. § 261, which party generally prevails?

    Answer: The subsequent bona fide purchaser who recorded first, provided they had no actual notice of the prior assignment

    Under 35 U.S.C. § 261, a subsequent purchaser for valuable consideration without notice of a prior unrecorded assignment who records first prevails over the earlier unrecorded assignment.