PPC Professional Standards & Competencies 3 — Questions and Answers
Question 1: Which of the following BEST describes a patent paralegal's duty of confidentiality?
- It applies only to information marked 'confidential' by the client
- It covers all information relating to client representation, regardless of how it is obtained (Correct answer)
- It expires once the client-attorney relationship ends
- It applies only to patented inventions, not trade secrets
Correct answer: It covers all information relating to client representation, regardless of how it is obtained
The duty of confidentiality broadly covers all information relating to a client's representation, regardless of labeling or source.
Question 2: A paralegal's supervising attorney instructs them to backdate a patent application to avoid a prior art reference. The paralegal should:
- Follow the instruction since the attorney is responsible
- Refuse to comply and document the refusal (Correct answer)
- Comply only if the attorney provides written authorization
- Alter the date but report it internally after filing
Correct answer: Refuse to comply and document the refusal
Backdating legal documents is fraud; a paralegal must refuse unethical instructions and document the refusal regardless of who gives the order.
Question 3: The continuing education requirement for maintaining the PPC certification is primarily intended to ensure that patent paralegals:
- Learn new languages relevant to international patent filings
- Stay current with developments in patent law and professional practice (Correct answer)
- Accumulate enough credits to qualify for bar admission
- Meet IRS requirements for professional development deductions
Correct answer: Stay current with developments in patent law and professional practice
Continuing education requirements exist to ensure certified paralegals keep their legal knowledge and skills current.
Question 4: When a client contacts a patent paralegal directly to ask for legal advice on claim scope, the paralegal must:
- Answer based on their experience and note that this is not legal advice
- Redirect the client to the supervising attorney for legal guidance (Correct answer)
- Provide the advice if the client signs a waiver
- Answer only questions about procedure, not claim scope
Correct answer: Redirect the client to the supervising attorney for legal guidance
Interpreting claim scope is a legal question that requires attorney guidance; paralegals must redirect such inquiries to the supervising attorney.
Question 5: Which of the following is an example of a paralegal demonstrating professional competency in docketing?
- Relying solely on the USPTO's email reminders for deadlines
- Cross-checking calculated deadlines against multiple sources and confirming with the supervising attorney (Correct answer)
- Entering deadlines only after the attorney has verified them
- Tracking only statutory deadlines but not regulatory ones
Correct answer: Cross-checking calculated deadlines against multiple sources and confirming with the supervising attorney
Professional competency in docketing requires cross-verifying deadlines through multiple sources to minimize error risk.
Question 6: Under professional standards, a patent paralegal should use social media to:
- Discuss interesting client matters anonymously to seek peer input
- Share general educational content about patent law without disclosing client information (Correct answer)
- Promote their own legal advice services to attract clients
- Post publicly about pending USPTO decisions affecting their clients
Correct answer: Share general educational content about patent law without disclosing client information
Sharing general educational content is appropriate; disclosing client-related information or offering independent legal advice on social media violates professional standards.
Question 7: A paralegal certification like the PPC differs from a law license in that a certified paralegal:
- Can represent clients before administrative agencies independently
- Cannot provide independent legal advice or represent clients in court (Correct answer)
- Has the same ethical obligations as a licensed attorney
- Is exempt from confidentiality duties that apply to attorneys
Correct answer: Cannot provide independent legal advice or represent clients in court
Certification validates professional competency but does not grant authority to independently advise clients or appear in court.
PPC Professional Standards & Competencies 3
Which of the following BEST describes a patent paralegal's duty of confidentiality?