PPC Advanced Professional Practice 3

Question 1

A patent paralegal dockets a U.S. national phase entry from a PCT application. The PCT application was filed on March 15, 2024. What is the standard U.S. national phase entry deadline?

Accepted Answer

30 months from the earliest claimed priority date

Answer

Under 35 U.S.C. § 371, the U.S. national phase entry deadline is 30 months from the earliest claimed priority date (or PCT filing date if no priority is claimed).

Question 2

Which of the following correctly describes the role of an Information Disclosure Statement (IDS) in U.S. patent prosecution?

Accepted Answer

It is a document submitted by the applicant to disclose known prior art to the examiner to satisfy the duty of candor

Answer

An IDS is filed by the applicant or their representative to disclose material prior art and other information to the examiner, fulfilling the duty of candor under 37 CFR 1.56.

Question 3

In patent prosecution, what is 'prosecution history estoppel' and when does it typically arise?

Accepted Answer

A limitation on the doctrine of equivalents arising when a patent applicant narrows claims or surrenders claim scope during prosecution

Answer

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

Question 4

A patent application claims priority to a provisional application filed on January 10, 2023. The corresponding non-provisional application must be filed by:

Accepted Answer

January 10, 2024

Answer

A non-provisional application claiming priority to a provisional must be filed within 12 months of the provisional filing date under 35 U.S.C. § 119(e).

Question 5

Under the USPTO rules, who may sign a patent application oath or declaration for a juristic entity (e.g., corporation) that is the applicant?

Accepted Answer

An officer of the corporation who is authorized to act on behalf of the corporation

Answer

For a juristic entity applicant, the oath or declaration must be signed by an officer of the entity who is authorized to act on behalf of the entity under 37 CFR 1.64.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Advanced Professional Practice 3