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…
We’ve gotten a lot of great feedback on the Patent Training course videos that were uploaded last week. Altogether, 45 videos were uploaded which totals right around 6 hours. This means about half of the new Patent Training Workshop is…
Question: What are the three major issues that must be completed during the examination before an interference may be called? Answer: The three major issues that must be completed during the examination are: All pending claims must be allowed, finally…
We’ve just uploaded slightly under 6 hours of training videos for the New Patent Training Workshop. If you have a current membership to the PES Patent Bar review, you can access all these videos for free within the client center.…
Question: List two status identifiers that are expected to follow the claim number in an amendment to the claims. Answer: Status is indicated in a parenthetical expression following the claim number by one of the following status identifiers: (original), (currently…
The USPTO allows test takers to take the patent bar exam in a yearly paper and pencil session. It appears this upcoming paper and pencil session may be the last one offered. Apparently, fewer and fewer people have been taking…
Question: What fees might the Office refund? Answer: The Office may refund: A fee paid by mistake (e.g., fee paid when no fee is required); or Any fee paid in excess of the amount of fee that is required. Chapter…
The USPTO posted the update schedule for the patent bar source materials earlier this week. According to this latest notice, the 08.2017 version of the MPEP + 5 supplements will start being tested as of August 16th, 2018. Between now…
Question: When may a process and apparatus for its practice be shown to be distinct inventions? Answer: Process and apparatus for its practice can be shown to be distinct inventions, if either or both of the following can be shown:…
