PPC Research Methods & Evidence-Based Practice 3

Question 1

Which legal research platform is most widely used by patent practitioners to retrieve U.S. Federal Circuit and PTAB decisions?

Accepted Answer

Westlaw or LexisNexis

Answer

Westlaw and LexisNexis both provide comprehensive access to Federal Circuit opinions and PTAB decisions with advanced search and citator tools.

Question 2

A paralegal needs to verify whether a patent case citation is still good law. Which tool should they use?

Accepted Answer

KeyCite (Westlaw) or Shepard's (LexisNexis)

Answer

KeyCite and Shepard's are citator services that show whether a case has been affirmed, reversed, overruled, or distinguished by later decisions.

Question 3

Under 35 U.S.C. §103, prior art combined from multiple references can be used to reject a claim as obvious. What legal standard governs this analysis?

Accepted Answer

The Graham v. John Deere four-factor test

Answer

Graham v. John Deere established the framework for obviousness: scope/content of prior art, differences from claimed invention, level of ordinary skill, and secondary considerations.

Question 4

When researching PTAB Inter Partes Review (IPR) proceedings, which database provides official trial documents and final written decisions?

Accepted Answer

PTAB E2E (End-to-End) system

Answer

PTAB E2E is the USPTO's official system for filing and accessing all IPR, PGR, and CBM trial documents including petitions and final written decisions.

Question 5

A paralegal discovers a potentially invalidating reference but is unsure of its public availability date. What is the best practice?

Accepted Answer

Investigate archive sources such as the Wayback Machine, library records, or publisher metadata to establish the date

Answer

Establishing the publication or public availability date of a reference is critical; sources like the Internet Archive, library catalogs, and publisher records can confirm the date.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Research Methods & Evidence-Based Practice 3