PPC Risk Assessment & Mitigation 3

Question 1

A client asks a patent paralegal to evaluate whether a competitor's product infringes their patent. What is the primary risk-management concern in this scenario?

Accepted Answer

Providing infringement opinions constitutes the unauthorized practice of law and must be escalated to a supervising attorney

Answer

Rendering legal opinions on patent infringement constitutes the practice of law, which paralegals are prohibited from performing independently under professional responsibility rules.

Question 2

A client's patent portfolio includes a patent that has been in litigation for three years. During annual maintenance fee review, the paralegal notes the 7.5-year fee is due in 45 days. What action minimizes risk?

Accepted Answer

Alert the supervising attorney immediately and confirm whether the patent should be maintained given litigation strategy

Answer

Maintenance fee decisions for patents under litigation require attorney input because abandonment or maintenance may affect litigation strategy and settlement leverage.

Question 3

Which of the following scenarios most clearly represents a conflict of interest risk that a patent paralegal must flag?

Accepted Answer

Being asked to work on a matter for Company B whose patent claims are being asserted against current client Company A

Answer

Representing adverse parties in the same or substantially related matters constitutes a conflict of interest that must be flagged under professional responsibility rules.

Question 4

A company files a patent application but fails to disclose a highly relevant prior art reference known to its chief technology officer. What doctrine could later render the patent unenforceable?

Accepted Answer

Inequitable conduct

Answer

Inequitable conduct occurs when an applicant knowingly withholds material prior art with intent to deceive the USPTO, potentially rendering the patent permanently unenforceable.

Question 5

A paralegal is assisting with an inter partes review (IPR) petition. The petition must be filed within what timeframe after service of a complaint alleging infringement of the challenged patent?

Accepted Answer

One year

Answer

Under 35 U.S.C. § 315(b), an IPR petition is time-barred if filed more than one year after the petitioner was served with a complaint alleging infringement of the patent.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC Risk Assessment & Mitigation 3