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.
Read the first 7 Patent Law Fundamentals & USPTO Procedures flashcards as text
What is the role of the Patent Trial and Appeal Board (PTAB) in the USPTO?
Answer: It conducts inter partes reviews, post-grant reviews, and hears appeals from adverse examiner decisions
PTAB is the USPTO's adjudicative body that handles appeals from patent examiners and conducts AIA post-grant proceedings such as IPR and PGR.
What is a restriction requirement issued by a USPTO examiner?
Answer: A requirement that the applicant elect one of two or more distinct inventions claimed in a single application for examination
A restriction requirement requires the applicant to elect one distinct invention for examination when multiple distinct inventions are claimed, allowing the others to be pursued in divisional applications.
What is a design patent and how long is its term?
Answer: It protects the ornamental appearance of an article of manufacture and lasts 15 years from grant
A design patent protects the novel, ornamental appearance of a functional article and has a term of 15 years from the date of grant for applications filed on or after May 13, 2015.
Under the Patent Cooperation Treaty (PCT), what is the international phase deadline for entering the U.S. national phase?
Answer: 30 months from the earliest priority date
PCT applications must enter the U.S. national phase by 30 months from the earliest priority date under 35 U.S.C. § 371(b).
What is the best mode requirement under 35 U.S.C. § 112 in U.S. patent law?
Answer: A requirement that the inventor disclose the best way known to them at the time of filing for carrying out the claimed invention
The best mode requirement obligates inventors to disclose the best mode they contemplate for practicing the claimed invention at the time of filing.
What is the significance of the publication of a U.S. patent application 18 months after its effective filing date?
Answer: Publication creates prior art and may entitle the applicant to provisional royalties from a notice-given infringer if the patent later issues
Under 35 U.S.C. § 122(b), publication creates prior art and under § 154(d) entitles the applicant to provisional royalties from an infringer who had actual notice of the published application, if the patent later issues with substantially identical claims.
Which maintenance fees are required to keep a U.S. utility patent in force?
Answer: Fees due at 3.5, 7.5, and 11.5 years from the date of grant
U.S. utility patents require maintenance fees paid at 3.5, 7.5, and 11.5 years from the grant date to prevent expiration under 37 C.F.R. § 1.362.