PPC Research Methods & Evidence-Based Practice 2 — Questions and Answers
Question 1: Which USPTO database is the primary tool for searching published U.S. patent applications filed after March 15, 2001?
- PatFT (Patent Full-Text Database)
- AppFT (Patent Application Full-Text Database) (Correct answer)
- PAIR (Patent Application Information Retrieval)
- Global Dossier
Correct answer: AppFT (Patent Application Full-Text Database)
AppFT contains U.S. patent applications published after March 15, 2001, making it the go-to database for published pre-grant application searches.
Question 2: When conducting a freedom-to-operate (FTO) search, which patent status should a paralegal prioritize reviewing?
- Expired patents only
- Published applications and granted in-force patents (Correct answer)
- Patents filed more than 20 years ago
- Abandoned applications only
Correct answer: Published applications and granted in-force patents
FTO analysis focuses on published applications and currently in-force granted patents because only enforceable claims can block a product.
Question 3: A paralegal uses the CPC (Cooperative Patent Classification) system. What is the primary advantage of CPC over older USPC classification?
- CPC is maintained solely by the USPTO
- CPC provides more granular subgroups and is internationally harmonized with EPO (Correct answer)
- CPC applies only to U.S. patents
- CPC eliminates the need for keyword searches
Correct answer: CPC provides more granular subgroups and is internationally harmonized with EPO
CPC was developed jointly by the USPTO and EPO, offering finer classification subgroups and enabling consistent cross-border prior art searches.
Question 4: In patent research, what does a 'claims mapping' exercise primarily accomplish?
- It identifies the inventors listed on a patent
- It compares each claim element against a product or prior art reference (Correct answer)
- It traces the assignment history of a patent
- It calculates the remaining patent term
Correct answer: It compares each claim element against a product or prior art reference
Claims mapping systematically compares each limitation of a patent claim against a product feature or prior art reference to assess infringement or invalidity.
Question 5: Which resource provides the most authoritative information on the prosecution history of a pending U.S. patent application?
- Google Patents
- Patent Center (formerly EFS-Web/PAIR) (Correct answer)
- Espacenet
- Derwent Innovation
Correct answer: Patent Center (formerly EFS-Web/PAIR)
Patent Center is the USPTO's official portal giving access to all filed documents, office actions, and responses in a patent application's prosecution history.
Question 6: When searching for non-patent literature (NPL) as prior art, which type of source would a paralegal most commonly consult?
- State court dockets
- Peer-reviewed scientific journals and conference proceedings (Correct answer)
- Trademark registration databases
- Copyright registration records
Correct answer: Peer-reviewed scientific journals and conference proceedings
NPL prior art typically consists of academic publications, journal articles, and technical conference papers that predate a patent's priority date.
Question 7: What is the significance of a 'priority date' in prior art research?
- It is the date the patent examiner reviewed the application
- It establishes the earliest effective filing date used to evaluate prior art references (Correct answer)
- It marks when maintenance fees are due
- It indicates the date the patent was assigned to an assignee
Correct answer: It establishes the earliest effective filing date used to evaluate prior art references
The priority date is the earliest date to which an application can claim benefit, determining which references qualify as prior art under 35 U.S.C. §102.
Which USPTO database is the primary tool for searching published U.S. patent applications filed after March 15, 2001?