Patent

Order Instructions/Description

1 – The Paris Convention enables a US patent applicant to file a US patent application directly in a foreign in a country (e.g., with foreign local counsel) and obtain the priority date of the US patent application if filed within a designated time period.
A – True
B – False

2 – The PCT patent application allows you to obtain patents in a number of foreign countries without individually filing in the foreign countries (or utilizing foreign filing conventions).
A – True
B – False

3 – What mechanism(s) can be used to amend claims of a pending PCT patent application?
A – Article 19 amendment
B – Article 34 amendment
C – A & B
D – None of the above

4 – If one of the claim elements is located outside the US, under which kind of claim(s) can infringement be found under 35 U.S.C. §271(a)?
A – Method claim
B – System claim
C – Apparatus claim
D – At least two of the above

5 – If a product is manufactured abroad by a method that is patented in the US, and the product is then brought into the US for sale as a part of a system, but there is no US patent that covers the product or the system, has patent infringement occurred?
A – Yes
B – No
C – Maybe

6 – Can experimental use avoid infringement for a company that has developed and is testing a mechanical device that reads of the claims of a competitor’s patent?
A – Yes, under a common law experimental use exception
B – Yes, under a statutory experimental use exception
C – Yes, under both a common law experimental use exception and a statutory experimental use exception
D – No

7 – What type of defense can be used to bar patent damages prior to the filing of a patent infringement lawsuit?
A – Laches
B – Equitable Estoppel
C – A & B
D – None of the above

8 – A patent troll is less likely to obtain a permanent injunction against a defendant utilizing the infringing claimed invention after eBay v. MercExchange.
A – True
B – False

9 – Someone who is not practicing a patent owner’s claimed invention can still be found liable for patent infringement:
A – As a contributory infringer on the basis of a third party’s use of the claimed invention
B – For actively inducing infringement a third party to use the claimed invention
C – A & B
D – None of the above

10 – A party that does not perform all of the acts that constitute infringement of a patent cannot properly be found to be an infringer of the patent.
A – True
B – False

11 – Design patents can protect:
A – Configuration of an article of manufacturer
B – Surface ornamentation for an article of manufacturer
C – A & B
D – None of the above

12 – The use of solid lines and broken lines in a design patent affect claim scope.
A – True
B – False

13 – A computer icon on its own can be protected by a design patent.
A – True
B – False

14 – In patent litigation, failure to submit an exculpatory opinion as a defense to patent infringement draws an adverse inference.
A – True
B – False

15 – How can an applicant make the patent office aware of relevant prior art for consideration during patent prosecution?
A – By filing a patent interference
B – By filing for track one
C – By filing an affidavit to swear behind
D – None of the above

16 – Being negligent in submitting a relevant prior art reference to the patent office without more is sufficient behavior to constitute inequitable conduct.
A – True
B – False

17 – What post grant procedure(s) can properly be used to expand the scope of claims?
A – Reissue filed within the first two years of patent issuance
B – Reissue filed after the first two years of patent issuance
C – Reexamination
D – At least 2 of the above

18 – As a third party, you can challenge someone’s patent:
A – Before the Patent Office
B – In court
C – A & B

19 – Prosecution history estoppel may be used to claim scope in a literal infringement determination.
A – True
B – False

20 – DOE can be used to expand the scope of claims to cover something within the prior art.
A – True
B – False

21 – Once you receive a Final Rejection, you cannot receive a further office action.
A – True
B – False

22 – A provisional patent application:
A – Is substantively examined by the Patent Office
B – May be published by the Patent Office
C – A & B
D – None of the above

23 – For patent 9,203,925, how many applicant initiated interviews were conducted?
A – 0
B – 1
C – 2
D – More than 2

24 – With a common specification, you can obtain more than one patent by timely filing:
A – A continuation application
B – A divisional application
C – A & B
D – None of the above

25 – Ignoring patent secrecy issues, you will know the existence of all competitor utility patent application filings filed greater than18 months ago.
A – True
B – False

26 – The patent term of what kind of patent(s) is based on filing date:
A – Utility patents
B – Design patents
C – A & B
D – None of the above

27 – You must declare to the patent office the inventors associated with each of the claims of the patent application or patent:
A – At the time of patent application filing
B – Any time before patent application issuance
C – Any time after patent issuance
D – None of the above

28 – If a terminal disclaimer is filed in association with a continuation application relative to an original utility patent application, a patent that results from the continuation application will expire on the same day as the original utility patent application.
A – True
B – False

29 – A court construes the claims of a patent in the same manner in which the patent office construed the claims.
A – True
B – False

30 – On appeal, claim construction is considered de novo by the appellate court hearing the appeal.
A – Yes
B – No
C – Maybe

31 – Software-oriented claims that are not in means plus format requirement need not have an algorithm defined in the specification to comply with 35 U.S.C. §112.
A – True
B – False

32 – A claim that fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention will not meet which statutory requirement:
A – §101
B – §102
C – §103
D – None of the above

33 – You can only claim something that has been fully enabled in the associated specification.
A – True
B – False

34 – The preamble of a claim limits claim scope.
A – Yes
B – No
C – Maybe

35 – A dependent claim can be broader than the claim on which it depends.
A – True
B – False

36 – An examiner does not need to articulate a written reason for combining references in an office action.
A – True
B – False

37 – According to the Patent Office, which of the following have been found to be abstract ideas:
A – Comparing new and stored information and using rules to identify options
B – Using categories to organize, store and transmit information
C – Creating a contractual relationship
D – All of the above

38 – The rejection of claims using multiple references is under what statutory section:
A – §101
B – §102
C – §103
D – §112

39 – If you are trying to patent a claims that consists of elements A, B, C, and D, an examiner finds elements A, B, and C in a first reference, can the examiner use any reference that has element D in rejecting your invention?
A – Yes
B – No

40 – Over the past fifteen years, the courts have changed or added requirements to the test for patent eligibility.
A – True
B – False

41 – At least under pre-AIA law, when experimental use applies a patent application may still be filed even though the invention has been used publicly for longer than a year.
A – True
B – False

42 – You can swear behind certain rejections:
A – Pre-AIA
B – AIA
C – A & B
D – None of the above

43 – Certain documents are consider prior art on a date prior to their publication:
A – Pre-AIA
B – AIA
C – A & B
D – None of the above

44 – The one-year grace period under the AIA is broader than the one year grace period pre-AIA.
A – True
B – False

45 – Ignoring experimental use, any offer to sell an embodiment of invention that has occurred more than a year ago bars properly filing of a patent application pre-AIA.
A – True
B – False

46 – A patent signifies that the Patent Office has endorsed a particular invention as being better than known prior art inventions.
A – True
B – False

47 – To reject a claim of a patent application under 102 pre-AIA, every element of the claim must be found explicitly in a single reference.
A – True
B – False

48 – What type of intellectual property can be used to protect a name?
A – Trademark
B – Copyright
C – Patent
D – All of the above

49 – What type of intellectual property can be used to protect an invention?
A – Trade Secret
B – Copyright
C – Patent
D – At least two of the above

50 – I would like my final grade to be:
A – A
B – B
C – C

BONUS QUESTIONS (3)
Tell me three different things that you want me to know.  Put the answers on your answer sheet or in the e-mail that you send to me.