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:…
Question: Who may a party dissatisfied with a final decision in a derivation proceeding appeal to? Answer: A party dissatisfied with a final decision in a derivation proceeding may appeal to district court or the Federal Circuit. Chapter Details: The…
Traditional career paths have changed. A career trajectory will have plateaus and dips as scientists change direction and build skills. Whether you’re a promising student or you have years of hands-on experience working for leading companies, career changes are often…
Question: The reasons document explains why each item of information does or does not raise a substantial new question of patentability (or SNQ) in a supplemental examination. What should a reasons document include? Answer: The reasons document explains why each…
According to a report by the U.S. Patent and Trademark Office, over 38 percent of the United States’ gross domestic product is made up of intellectual property. To name a few, the field of intellectual property law protects ownership claims…
Question: When may the prior art date of a reference under pre-AIA 35 U.S.C. 102(e) be the international filing date? Answer: The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if…
Do you want to be a patent attorney, a patent agent, or get a start in the field of patent law? If so taking and passing the patent bar examination is the key to getting started. The focus of preparing…
Question: Who is barred from filing a request for ex parte reexamination of a patent? Answer: “Any person” may file a request for ex parte reexamination of a patent, unless prohibited by AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1). Accordingly, there…
Whether you start out in mechanical engineering, chemical engineering, engineering management, or in civil engineering, a career change may be in the cards for you. The employment landscape of today rewards engineering graduates with the courage and perseverance to forge…
Question: Name two types of correspondence that may be transmitted by facsimile. Answer: Types of correspondence which may be transmitted by facsimile include: CPAs (available for design applications only), amendments, declarations, petitions, information disclosure statements (IDS), terminal disclaimers, notices of…
After graduation, many students experience some post-graduation consequences that are not much fun. The majority of 2016 college graduates found themselves approximately $37,000 in student loan debt and the average is growing. In addition, many college graduates have debt in…
Question: What are the three separate and distinct requirements of the first paragraph of 35 U.S.C. 112? Answer: 35 U.S.C. 112(a) and pre-AIA 35 U.S.C. 112, first paragraph require that the specification include the following three separate and distinct requirements:…
Why do job candidates get nervous during an interview? Dr. Tamar Chansky, the author of Freeing Yourself from Anxiety, believes the brain cannot distinguish between high stake situations such as a job interview and being under the threat of attack.…
Question: What does an applicant who uses the Patent Cooperation Treaty gain the benefit of? Answer: An applicant who uses the Patent Cooperation Treaty gains the benefit of: (A) a delay in the time when papers must be submitted to…
Whether you purchase a patent bar review course or try to navigate the Manual of Patent Examining Procedures on your own, the patent bar exam encompasses many subjects and is difficult. It is manageable. Like any other test, your time…
Question: What is a covered business method patent according to the AIA? Answer: The AIA specifies that a covered business method patent is a patent that claims a method or corresponding apparatus for performing data processing or other operations used…
Joining a patent law association allows members to stay at the forefront of intellectual property law. The members are made up of a diverse group of lawyers and other professionals in corporate and private practice, the academic community, law school,…
Question: How can applicants rebut a prima facie case of obviousness based on overlapping ranges? Answer: Applicants can rebut a prima facie case of obviousness based on overlapping ranges by showing the criticality of the claimed range. In addition, an…
A legal education is both an investment in a student’s future and a financial investment. Like all investments, before you apply for any student aid, considering the pros and cons of a massive expenditure of money, time, and effort is…
Question: Who must sign the power of attorney for applications filed on or after September 16, 2012? Answer: For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent or…
Question: What must a statement under 37 CFR 1.97(e) state? Answer: A statement under 37 CFR 1.97(e) must state either: That each item of information contained in the information disclosure statement was first cited in any communication from a foreign…
You’ve secured your first interview as a patent agent or patent attorney. The one most pressing question on your mind now, is what should you wear? One thing that you should be told at law school is that, typically, the…
Question: When must a third party submission be made? Answer: A third-party submission must be filed prior to the earlier of: The date a notice of allowance is given or mailed in the application; or The later of: (i) Six…
College loans are the most significant obstacle that prevents millennials from investing. In 2016, the average student debt was over $37,000. That figure is an increase of a little of 6% in 2015. Financial planners and investment managers offer these…
Question: 35 U.S.C. 322 covers petitions involved in post-grant reviews. 35 U.S.C. 322(a) provides that a petition filed under 35 U.S.C. 321 may be considered. List two reasons why a petition filed under 35 U.S.C. 321 may be considered. Answer:…
Waukeshia D. Jackson Waukeshia is a patent attorney and the co-founder and managing partner at Jackson & Lowe Law Group P.C. in Atlanta, Georgia. She has worked in the field of intellectual law for over 6 years at the time…
Question: In what two situations is the examiner not responsible for examining the sufficiency of the showing? Answer: The examiner is not responsible for examining the sufficiency of the showing except when: The application claim is subject to a rejection…
The time has come. After much mental preparation and perhaps procrastination, you’ve decided to hunker down with a pot of coffee and all the material you need for the patent bar exam. However, you find that no matter what you…
