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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. An applicant filed a U.S. application and wants to file a counterpart in Germany within the Paris Convention priority period. The U.S. filing date is June 1, 2024. The last day to file in Germany claiming priority is:

    Answer: June 1, 2025

    The Paris Convention gives utility patent applicants 12 months from the first filing date to file in member countries claiming that priority date.

  2. A paralegal prepares an IDS and discovers a highly relevant reference was known to the inventor before filing but was not submitted. Failure to disclose it could result in:

    Answer: A finding of inequitable conduct that could render the patent unenforceable

    Intentional withholding of material information from the USPTO can constitute inequitable conduct, which renders the patent unenforceable.

  3. A product is sold in the U.S. that combines elements from claims of two separate patents owned by different parties. This situation is best described as:

    Answer: Both B and C depending on context

    When multiple parties each perform different steps of a method claim, it may constitute divided or joint infringement depending on the degree of direction and control.

  4. An examiner rejects a software-implemented method claim under 35 U.S.C. § 101 as directed to an abstract idea. Under the Alice/Mayo framework, what must an applicant show to overcome this rejection?

    Answer: The claim recites additional elements that amount to significantly more than the abstract idea

    Under Alice/Mayo Step 2B, a claim directed to an abstract idea must include elements adding 'significantly more' to transform the abstract idea into a patent-eligible application.

  5. A paralegal dockets a maintenance fee due date for a patent. Under current USPTO rules, maintenance fees for U.S. utility patents are due at which intervals from the date of grant?

    Answer: 3.5, 7.5, and 11.5 years

    U.S. utility patent maintenance fees are due at 3.5, 7.5, and 11.5 years from the date of grant, with 6-month grace periods.

  6. A patent attorney instructs the paralegal to draft a claim using 'means for fastening.' This type of claim language invokes:

    Answer: Means-plus-function claiming under 35 U.S.C. § 112(f)

    Use of 'means for' language without reciting sufficient structure invokes § 112(f), limiting the claim to the structures disclosed in the specification and their equivalents.

  7. A client's patent is being reexamined ex parte. Which party may request an ex parte reexamination?

    Answer: Any person, including the patent owner or a third party

    Under 35 U.S.C. § 302, any person — including the patent owner — may request ex parte reexamination by submitting prior art and a request fee.