Practice Test Geeks(PPC) Patent Paralegal Certification Practice Test
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Risk Assessment & Mitigation 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 Risk Assessment & Mitigation flashcards as text

  1. A patent application claims a method that was publicly demonstrated at a trade show 13 months before the U.S. filing date. What is the most critical risk to assess?

    Answer: The application may be barred under 35 U.S.C. § 102(b)(1) as the grace period has expired

    Under AIA, the one-year grace period for inventor disclosures runs from the effective filing date, so a disclosure 13 months prior falls outside the grace period and creates an absolute bar.

  2. During docketing review, a paralegal discovers that an office action response deadline falls on a Sunday. What is the correct risk-mitigation step?

    Answer: The deadline automatically extends to the next business day (Monday) under USPTO rules

    Under 37 C.F.R. § 1.7, when a USPTO deadline falls on a Saturday, Sunday, or federal holiday, it is automatically extended to the next business day.

  3. An inventor discloses new subject matter during an interview with the examiner that was not included in the original specification. What risk does this create?

    Answer: A new matter rejection under § 132 may be issued if the specification is amended to add the new subject matter

    Adding new matter to a patent application after filing violates 35 U.S.C. § 132, which prohibits amendments that introduce subject matter not present in the original disclosure.

  4. A company's issued patent lists only two of three actual inventors. What is the primary legal risk if the omission is not corrected?

    Answer: The patent may be unenforceable due to inequitable conduct or invalid for improper inventorship

    Incorrect inventorship can render a patent invalid or unenforceable; correction is possible under 35 U.S.C. § 256, but failure to correct creates significant litigation risk.

  5. What risk arises when a patent paralegal calendars a PCT national phase entry deadline without accounting for the applicant's chosen national stage country's local rules?

    Answer: The application may miss country-specific translation and fee deadlines that differ from the 30-month PCT deadline

    While the PCT provides a 30-month national phase deadline, individual countries may impose earlier or additional requirements such as translations, local agent appointments, and national fees.

  6. A paralegal notices that a pending claim uses the phrase 'a means for detecting temperature.' What patent law risk should be flagged for the attorney?

    Answer: The claim may invoke § 112(f) means-plus-function interpretation, limiting its scope to the disclosed structure

    Claims using 'means for' language are presumed to invoke 35 U.S.C. § 112(f), restricting their scope to the specific structure disclosed in the specification and its equivalents.

  7. A foreign priority application was filed in Germany on March 1, 2025. What is the last date to file a corresponding U.S. utility application claiming priority to that German application?

    Answer: March 1, 2026

    Under 35 U.S.C. § 119(a), a U.S. utility application must be filed within 12 months of the foreign priority application's filing date to claim priority.