Question: What is the definition of fundamental economic practices? Answer: The courts have used the phrases “fundamental economic practices” or “fundamental economic concepts” to describe concepts relating to the economy and commerce, such as agreements between people in the form…
“Even the accomplished suffers setbacks sometimes. The more bitter the lessons, the greater the successes will be.” -Lucio Tan You are going to fail at some point in your patent law career. You are going to fail at some point…
Question: List two statutes that grounds for post-grant review may be raised for. Answer: Grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or…
Preparing for the patent bar exam is more than a little overwhelming. There are a lot of complex details to learn. But if you’re open to taking responsibility for the results and hold yourself accountable, you’re already on your way…
Question: What does the broadest reasonable interpretation (BRI) do? Answer: The BRI sets the boundaries of the coverage sought by the claim and will influence whether the claim seeks to cover subject matter that is beyond the four statutory categories…
Ever wonder just how long it takes to prepare for and pass the patent bar exam? We decided to review success stories and additional comments sent in by clients who recently passed the exam to find out what the average…
Question: When will a practitioner be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct? Answer: A practitioner shall be responsible for another practitioner’s violation of the USPTO Rules of Professional Conduct if: The practitioner orders or,…
Think positive! How many times have you heard that phrase in your life? In preparing for your career as a patent agent or attorney, you’re likely going to hear this a lot. The patent bar exam is intimidating and finding…
Question: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding. List 2 different types of information this may include. Answer: An attorney of record may have to…
Whether you’re trying to improve the work environment at a law firm or patent office, network with other professionals or work as effectively as possible with clients, a good attorney-client relationship in terms of communication is essential. It can help…
Question: List two situations where a practitioner may withdraw from representing a client according to 37 C.F.R. 11.116. Answer: A practitioner may withdraw from representing a client if: Withdrawal can be accomplished without material adverse effect on the interests of…
Glassdoor is a database that contains reviews of patent attorney and patent agent law firms. The resource helps promote the firms to candidates doing research and advertise jobs to ideal candidates that may be unaware of the law firms need…
The Patent Bar exam is being updated in August of 2018. Starting August 16th, 2018, the 9th Edition, 08.2017 MPEP + 4 Exam Notices will be the covered materials. The PES Patent Bar review online course has been updated to…
Question: When is the on-sale bar of pre-AIA 35 U.S.C. 102(b) triggered? Answer: The on-sale bar of pre-AIA 35 U.S.C. 102(b) is triggered if the invention is both: The subject of a commercial offer for sale not primarily for experimental…
So, you have your bachelor’s degree, master’s degree, or PhD., you’ve passed all the required tests as well as the interview, and you are on your way to becoming a patent attorney or patent agent at one of the leading…
Question: What are the 4 categories of invention recited in 35 U.S.C. 101? Answer: The four categories of invention recited in 35 U.S.C. 101 are: process, machine, manufacture, or composition of matter. Chapter Details: The answer to this question can…
Intellectual property industries account for more than 38 percent of the country’s gross domestic product. IP plays a crucial role in American life. Intellectual property law protects people’s claims of ownership on works of art, inventions, and ideas. IP attorneys…
Question: Who does the duty of disclosure in reexamination proceedings apply to? Answer: The duty of disclosure in reexamination proceedings applies to the patent owner; to each attorney or agent who represents the patent owner, and to every other individual…
As any good patent attorney or agent knows, impressing your patent law client is your first priority, above all else. All lawyers must work hard to keep their business but, more importantly, through a good attorney-client relationship, you want to…
Question: Can a post-grant review be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent? Answer:…
OK, so you’ve finished law school and are putting together a resume. If you’re looking for a career in intellectual property, a strong resume along with an equally good cover letter is your first step to getting your foot in…
Question: When can a combination as claimed show that inventions are distinct? Answer: Inventions are distinct if it can be shown that a combination as claimed: (A) does not require the particulars of the subcombination as claimed for patentability (to…
As with most social networking like Twitter and Facebook for everyday communication, LinkedIn has quickly become an indispensable resource for professionals in almost every field—and that includes intellectual property. By using the latest technology, their growth has been fast and…
Question: How can a maintenance fee be paid? Answer: A maintenance fee may be paid: with cash with Treasury notes with national bank notes with post office money orders with certified checks over the internet by electronic funds transfer (EFT),…
The Patent Training Workshop has now replaced the older, Basic Patent Training course within the PES Patent Bar review. We have produced and uploaded approximately 12 hours of video for the new course and it is ready to go for…
Question: What should a subject matter eligibility rejection under Step 2 do? Answer: A subject matter eligibility rejection under Step 2 should: Identify the judicial exception by referring to what is recited (i.e., set forth or described) in the claim…
If you’re thinking about getting into patent law, then you probably already realize gaining the right degree or degrees is a priority. Patent agents have a minimum of a Bachelor’s degree. Patent attorneys have a Bachelor’s degree in science or…
Question: Who decides petitions for derivation and conducts any ensuing derivation proceeding? Answer: The Patent Trial and Appeal Board will decide petitions for derivation and conduct any ensuing derivation proceeding. Chapter Details: The answer to this question can be found in…
Law schools welcome those with engineering and science majors. A scientific or technical background is helpful for lawyers specializing in patent law. If you’re planning on applying for law school after gaining your science or engineering degree, make sure you…
Question: List 2 examples of evidence under 37 C.F.R. 1.131(a). Answer: The allegations of fact might be supported by submitting as evidence one or more of the following: (A) attached sketches; (B) attached blueprints; (C) attached photographs; (D) attached reproductions…
