PPC Regulatory Compliance & Legal Framework 2

Question 1

Under 37 CFR 1.56, which of the following parties has a duty of candor and good faith toward the USPTO?

Accepted Answer

Each individual associated with filing or prosecution of the application

Answer

37 CFR 1.56 imposes the duty of candor on each individual associated with the filing or prosecution of a patent application, including inventors, attorneys, and patent paralegals.

Question 2

A patent paralegal discovers a prior art reference that may be material to patentability after filing. What is the proper course of action?

Accepted Answer

Immediately notify the supervising attorney so an IDS can be filed

Answer

Newly discovered material prior art must be disclosed via an Information Disclosure Statement (IDS), and the paralegal must notify the supervising attorney to initiate that process.

Question 3

Which USPTO regulation governs the requirements for small entity status, allowing reduced patent fees?

Accepted Answer

37 CFR 1.27

Answer

37 CFR 1.27 defines the criteria and procedures for establishing small entity status to qualify for reduced USPTO fees.

Question 4

What is the consequence of an applicant incorrectly claiming small entity status when paying USPTO fees?

Accepted Answer

The applicant must pay the difference plus a surcharge and any applicable interest

Answer

Incorrectly claiming small entity status requires payment of the fee deficiency plus any applicable surcharge to avoid inequitable conduct issues.

Question 5

Under the America Invents Act (AIA), which proceeding replaced inter partes reexamination?

Accepted Answer

Inter partes review (IPR)

Answer

The AIA replaced inter partes reexamination with inter partes review (IPR), a trial proceeding before the Patent Trial and Appeal Board.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Regulatory Compliance & Legal Framework 2