PPC Risk Assessment & Mitigation 2

Question 1

A patent application claims a method that was publicly demonstrated at a trade show 13 months before the U.S. filing date. What is the most critical risk to assess?

Accepted Answer

The application may be barred under 35 U.S.C. § 102(b)(1) as the grace period has expired

Answer

Under AIA, the one-year grace period for inventor disclosures runs from the effective filing date, so a disclosure 13 months prior falls outside the grace period and creates an absolute bar.

Question 2

During docketing review, a paralegal discovers that an office action response deadline falls on a Sunday. What is the correct risk-mitigation step?

Accepted Answer

The deadline automatically extends to the next business day (Monday) under USPTO rules

Answer

Under 37 C.F.R. § 1.7, when a USPTO deadline falls on a Saturday, Sunday, or federal holiday, it is automatically extended to the next business day.

Question 3

An inventor discloses new subject matter during an interview with the examiner that was not included in the original specification. What risk does this create?

Accepted Answer

A new matter rejection under § 132 may be issued if the specification is amended to add the new subject matter

Answer

Adding new matter to a patent application after filing violates 35 U.S.C. § 132, which prohibits amendments that introduce subject matter not present in the original disclosure.

Question 4

A company's issued patent lists only two of three actual inventors. What is the primary legal risk if the omission is not corrected?

Accepted Answer

The patent may be unenforceable due to inequitable conduct or invalid for improper inventorship

Answer

Incorrect inventorship can render a patent invalid or unenforceable; correction is possible under 35 U.S.C. § 256, but failure to correct creates significant litigation risk.

Question 5

What risk arises when a patent paralegal calendars a PCT national phase entry deadline without accounting for the applicant's chosen national stage country's local rules?

Accepted Answer

The application may miss country-specific translation and fee deadlines that differ from the 30-month PCT deadline

Answer

While the PCT provides a 30-month national phase deadline, individual countries may impose earlier or additional requirements such as translations, local agent appointments, and national fees.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Risk Assessment & Mitigation 2