Research Methods & Evidence-Based 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.
Read the first 7 Research Methods & Evidence-Based Practice flashcards as text
Which legal research platform is most widely used by patent practitioners to retrieve U.S. Federal Circuit and PTAB decisions?
Answer: Westlaw or LexisNexis
Westlaw and LexisNexis both provide comprehensive access to Federal Circuit opinions and PTAB decisions with advanced search and citator tools.
A paralegal needs to verify whether a patent case citation is still good law. Which tool should they use?
Answer: KeyCite (Westlaw) or Shepard's (LexisNexis)
KeyCite and Shepard's are citator services that show whether a case has been affirmed, reversed, overruled, or distinguished by later decisions.
Under 35 U.S.C. §103, prior art combined from multiple references can be used to reject a claim as obvious. What legal standard governs this analysis?
Answer: The Graham v. John Deere four-factor test
Graham v. John Deere established the framework for obviousness: scope/content of prior art, differences from claimed invention, level of ordinary skill, and secondary considerations.
When researching PTAB Inter Partes Review (IPR) proceedings, which database provides official trial documents and final written decisions?
Answer: PTAB E2E (End-to-End) system
PTAB E2E is the USPTO's official system for filing and accessing all IPR, PGR, and CBM trial documents including petitions and final written decisions.
A paralegal discovers a potentially invalidating reference but is unsure of its public availability date. What is the best practice?
Answer: Investigate archive sources such as the Wayback Machine, library records, or publisher metadata to establish the date
Establishing the publication or public availability date of a reference is critical; sources like the Internet Archive, library catalogs, and publisher records can confirm the date.
Which doctrine holds that statements made during patent prosecution can limit the scope of patent claims in subsequent litigation?
Answer: Prosecution history estoppel
Prosecution history estoppel prevents a patentee from recapturing through the doctrine of equivalents subject matter surrendered during prosecution.
When preparing a validity opinion, a paralegal organizes prior art references by relevance. Which category of prior art is typically considered most relevant to claim 1?
Answer: References that disclose every limitation of the independent claim
A reference disclosing all limitations of an independent claim is potentially anticipatory under §102 and thus most relevant to validity analysis.