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
A patent applicant's 12-month statutory bar date falls on a Sunday. When is the actual deadline to file?
Answer: The following Monday
When a USPTO deadline falls on a Saturday, Sunday, or federal holiday, it is extended to the next business day.
During prosecution, an examiner issues a final rejection. The applicant wants more time to respond without filing a Notice of Appeal. Which option is most appropriate?
Answer: File a Request for Continued Examination (RCE)
An RCE allows prosecution to continue after a final rejection by paying the required fee and submitting a response.
A client invented a medical device while employed under an IP assignment agreement. The company claims ownership, but the device was created entirely on personal time with personal equipment. What is the first step a patent paralegal should take?
Answer: Review the exact language of the employment agreement
The scope of an employment IP assignment agreement determines ownership, so its language must be reviewed carefully before any filing decision.
An examiner rejects claims 1–5 under 35 U.S.C. § 103 citing references A and B in combination. The applicant argues reference B teaches away from combining with A. This is an argument based on:
Answer: Whether a PHOSITA would have been motivated to combine the references
A 'teaching away' argument challenges whether a person of ordinary skill would have been motivated to combine the references, a required element of an obviousness rejection.
A paralegal notices that an issued patent lists only two inventors, but lab notebooks show a third person contributed to at least one claim. What should be done?
Answer: File a Certificate of Correction to add the omitted inventor
Inventorship errors on issued patents can be corrected by filing a Certificate of Correction under 37 C.F.R. § 1.324.
A client received a cease-and-desist letter alleging infringement of a competitor's patent that issued 10 years ago. Which validity challenge option allows third parties to request USPTO review based on prior art patents and printed publications?
Answer: Inter partes review (IPR) petition
Inter partes review allows third parties to challenge patent validity at the PTAB based on prior art patents or printed publications.
A PCT international application designating the US enters the national phase. The paralegal must ensure the national stage entry is completed within:
Answer: 30 months from the earliest priority date
Under 35 U.S.C. § 371, PCT applications must enter the US national phase within 30 months from the earliest priority date.