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Patent Law Fundamentals & USPTO Procedures 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. Which post-grant proceeding allows a third party to challenge the validity of a patent's claims based solely on prior art patents and printed publications?

    Answer: Inter Partes Review (IPR)

    IPR, established by the AIA, allows third parties to challenge patent validity on § 102 or § 103 grounds using patents or printed publications.

  2. Within what time frame must a Post-Grant Review (PGR) petition be filed after a patent is granted?

    Answer: 9 months from the grant date

    A PGR petition must be filed within 9 months of patent grant or reissuance under 35 U.S.C. § 321(c).

  3. What is the doctrine of equivalents in U.S. patent law?

    Answer: A principle allowing infringement to be found even when the accused product does not literally infringe every claim element

    The doctrine of equivalents extends patent protection to cover insubstantially different variations that perform the same function in the same way to achieve the same result.

  4. What is prosecution history estoppel and how does it affect the doctrine of equivalents?

    Answer: It prevents a patent owner from using the doctrine of equivalents to recapture claim scope surrendered during prosecution

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

  5. Under 35 U.S.C. § 154, what is the standard term of a utility patent measured from the application's effective filing date?

    Answer: 20 years from the effective filing date of the earliest priority application

    Utility patents expire 20 years from the earliest effective U.S. filing date of the application under 35 U.S.C. § 154(a)(2).

  6. What is a Patent Term Adjustment (PTA) and when does it apply?

    Answer: Additional patent term awarded to compensate for USPTO delays in prosecution

    PTA adds days to a patent's term to compensate for USPTO delays under 35 U.S.C. § 154(b), offset by any applicant delays.

  7. Which section of 35 U.S.C. sets forth the written description, enablement, and definiteness requirements for patent claims?

    Answer: § 112

    35 U.S.C. § 112 requires that the specification contain a written description, enable a PHOSITA to make and use the invention, and that claims be definite.