PPC Professional Standards & Competencies 2 — Questions and Answers
Question 1: A patent paralegal discovers that a supervising attorney has billed a client for work the paralegal actually performed. What is the most appropriate action?
- Ignore it since billing is the attorney's responsibility
- Raise the concern privately with the supervising attorney (Correct answer)
- Immediately report the attorney to the state bar
- Adjust the billing records without notifying the attorney
Correct answer: Raise the concern privately with the supervising attorney
The appropriate first step is to raise billing concerns privately with the supervising attorney before escalating to external authorities.
Question 2: Under NALA's Model Standards, which activity is considered unauthorized practice of law (UPL) for a patent paralegal?
- Drafting patent claims under attorney supervision
- Advising a client on patentability of an invention independently (Correct answer)
- Docketing USPTO deadlines
- Conducting prior art searches
Correct answer: Advising a client on patentability of an invention independently
Independently advising clients on legal matters such as patentability constitutes UPL when done without attorney supervision.
Question 3: Which professional organization specifically offers the PPC (Patent Paralegal Certification) credential?
- NALA (National Association of Legal Assistants) (Correct answer)
- NFPA (National Federation of Paralegal Associations)
- IPLA (Intellectual Property Law Association)
- USPTO Office of Enrollment and Discipline
Correct answer: NALA (National Association of Legal Assistants)
NALA administers the PPC credential as a specialty certification for paralegals working in patent law.
Question 4: A patent paralegal receives a gift from a vendor who provides patent search services. What should the paralegal do?
- Accept it as a professional courtesy
- Disclose the gift to the supervising attorney and follow firm policy (Correct answer)
- Return it only if it exceeds $100 in value
- Accept it as long as it is not cash
Correct answer: Disclose the gift to the supervising attorney and follow firm policy
Gifts from vendors should be disclosed to the supervising attorney and handled per firm policy to avoid conflicts of interest.
Question 5: When a patent paralegal is assigned to a new matter involving a company they previously worked for, the correct response is to:
- Proceed without disclosure since they no longer work there
- Immediately disclose the potential conflict to the supervising attorney (Correct answer)
- Handle only the non-confidential portions of the matter
- Recuse themselves without notifying anyone
Correct answer: Immediately disclose the potential conflict to the supervising attorney
Potential conflicts of interest must be disclosed immediately to the supervising attorney so appropriate screening can be arranged.
Question 6: Which of the following best describes the principle of 'competency' as applied to patent paralegals?
- Passing a bar examination in at least one state
- Possessing the knowledge, skill, and thoroughness necessary to perform assigned tasks effectively (Correct answer)
- Having a minimum of five years of patent law experience
- Holding both a paralegal certificate and a science degree
Correct answer: Possessing the knowledge, skill, and thoroughness necessary to perform assigned tasks effectively
Competency requires that a paralegal have the knowledge, skill, and diligence necessary to perform their specific assigned tasks.
Question 7: A patent paralegal is asked to notarize a document but is not a commissioned notary. What should the paralegal do?
- Sign the document with a general certification instead
- Decline and inform the supervising attorney that a commissioned notary is needed (Correct answer)
- Ask a colleague to notarize it without disclosing the issue
- Complete the notarization since it is a minor administrative task
Correct answer: Decline and inform the supervising attorney that a commissioned notary is needed
Only commissioned notaries may perform notarizations; the paralegal must decline and direct the task to someone with proper authority.
PPC Professional Standards & Competencies 2
A patent paralegal discovers that a supervising attorney has billed a client for work the paralegal actually performed.
What is the most appropriate action?