Practice Test Geeks(PPC) Patent Paralegal Certification Practice Test
← All PPC Flashcard Decks

Case Analysis & Practical Application 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.

Read the first 7 Case Analysis & Practical Application flashcards as text

  1. A patent claims a chemical compound. The specification discloses only one utility — treating headaches — but an examiner argues that utility is not credible without clinical data. This rejection is under:

    Answer: 35 U.S.C. § 101 for lack of utility

    A rejection for lacking credible, specific, and substantial utility is made under 35 U.S.C. § 101.

  2. During claim drafting review, a paralegal notices the independent claim uses 'comprising.' Which statement about this claim is correct?

    Answer: 'Comprising' is open-ended and allows additional unlisted elements

    'Comprising' is an open transitional phrase that allows a claim to cover products or processes with additional elements beyond those listed.

  3. A small entity paid reduced filing fees on a nonprovisional application. The company is later acquired by a large corporation. What must the paralegal ensure?

    Answer: Notify the USPTO and pay the fee deficiency upon the next fee payment

    When entity status changes, the applicant must update the USPTO and pay the fee deficiency on the next fee payment occasion.

  4. An examiner issues a non-final Office Action rejecting all claims. The applicant responds by amending claim 1 and adding new claim 21. The examiner then issues a final rejection. Is this proper?

    Answer: It depends on whether new issues were introduced by the amendment

    A final rejection after the first response is proper only if the amendment introduces new issues not necessitated by the examiner's prior rejection.

  5. An applicant claims priority to a provisional application filed on March 5, 2024. The corresponding nonprovisional must be filed by:

    Answer: March 5, 2025

    A nonprovisional claiming priority to a provisional must be filed within 12 months of the provisional's filing date.

  6. A patent paralegal reviews a freedom-to-operate (FTO) opinion. The relevant claim uses the term 'about 50°C.' For infringement analysis, how is 'about' most likely interpreted?

    Answer: As a term of approximation encompassing a reasonable range around 50°C

    'About' is a term of approximation that courts construe to cover a reasonable range centered on the stated value, informed by context.

  7. A client wants to file a design patent application for the ornamental appearance of a bottle. Which section of 35 U.S.C. governs design patents?

    Answer: 35 U.S.C. § 171

    Design patents are governed by 35 U.S.C. § 171, which allows patents for new, original, and ornamental designs for articles of manufacture.