Question: Can a patent owner avoid double patenting by disclaiming the earlier patent? Answer: “[A] patent owner cannot avoid double patenting by disclaiming the earlier patent.” Chapter Details: The answer to this question can be found in chapter 800 of…
Question: List two concepts and products the courts have identified as examples of laws of nature or natural phenomena. Answer: The courts have identified the following concepts and products as examples of laws of nature or natural phenomena: isolated DNA, Ass’n…
Question: Name one example of non-limiting claims not directed to any of the statutory categories. Answer: Non-limiting examples of claims that are not directed to any of the statutory categories include: Products that do not have a physical or tangible…
Question: Who is the applicant for a patent? Answer: The applicant for patent is all parties identified as the applicant under 37 CFR 1.42(a). Where the applicant is all of the joint inventors under 37 CFR 1.45, one or more of the…
Question: What is a mathematical relationship? Answer: A mathematical relationship is a relationship between variables or numbers. A mathematical relationship may be expressed in words or using mathematical symbols. For example, pressure (p) can be described as the ratio between…
You’ve likely already seen that the patent bar exam underwent an update after October 13, 2021 and you may be wondering what the differences are now that the exam is updated. The main change is that the tested version of…
Question: How can patent applications be sent to the U.S. Patent and Trademark Office? Answer: All applications (provisional and nonprovisional) may be sent to the U.S. Patent and Trademark Office by mail using the United States Postal Service, or they…
Question: What are the application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees? Answer: Application filing dates for purposes of determining whether a patent is subject to payment of maintenance fees are…
The USPTO is changing the source materials the patent bar exam is covering starting October 13, 2021. Our course includes the newest updates. The patent bar exam will start covering the MPEP, Ninth Edition, Revision 10.2019, Last Revised June 2020.…
Question: Can social media websites like Facebook be a source of prior art? Answer: Social media websites on the Internet, such as YouTube, Twitter, Facebook, and public forum posts, can be a source of prior art, provided the public accessibility…
Question: What are the types of papers that may be filed and processed electronically? Answer: Registered users may use EFS-Web to submit web-based documents such as ePetitions, Requests for Withdrawal as Attorney or Agent of Record, and eTerminal Disclaimers. EFS-Web…
Question: When does a Markush claim contain an ‘improper Markush grouping’? Answer: A Markush claim contains an “improper Markush grouping” if either: (1) the members of the Markush group do not share a “single structural similarity” or (2) the members…
Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new…
Question: Who will be listed in the assignee section of a patent? Answer: The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or for…
The patent bar exam is a challenging obstacle for anyone aspiring to be a patent attorney. According to the General Requirements Bulletin of the Office of Enrollment and Discipline (OED), the exam tests applicants’ knowledge of patent laws, rules, and…
Question: If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. What are the requirements…
Over the years, patent law has become a lucrative career choice for many individuals looking to blend their scientific education with the law. It offers various paths, ranging from patent paralegals that review USPTO databases and resolve patent data discrepancies…
Question: When is a rejection on the ground of lack of utility appropriate? Answer: A rejection on the ground of lack of utility is appropriate when: it is not apparent why the invention is “useful” because applicant has failed to…
Most students don’t have trouble revising what they learned in class simply because their note-taking methods were less than satisfactory. Making notes is an essential skill that one must possess to summarize what they learned in an organized and systematic…
Question: What are the reasons why the prior art element should not be considered an equivalent to the invention disclosed in the specification? Answer: Reasons, why the prior art element should not be considered an equivalent to the invention disclosed…
Are you an engineer contemplating a career change? If so, you may want to consider a career in patent law, specifically, becoming a patent agent or even a patent attorney. Patent agents and patent attorneys help clients navigate the patent…
As long as people have good ideas, the need for patent professionals will exist. The field of patent law is fast-paced. With patent law, there are choices of practice types. The landscape for technical specialists, agents, and patent attorneys has…
Whether you’re thinking about taking the patent bar exam or you just passed it and are ready to embark on your new career, it’s not always easy to find the patent law firm that will be the best match for…
The average first-year law student is almost 26-years-old. Therefore, people in their 30’s and 40’s may think they are too old for starting a second career and going to law school, but it can still be a great choice for…
Becoming a lawyer is a goal that is difficult to achieve. Besides the endless hours of study in college and law school, there’s the dreaded bar exam that sends most would-be lawyers into a state of fear and loathing. If…
In the U.S., the average patent paralegal salary is $66,009. However, there are many factors that play a role in salaries including location. The type of work and title also affect the pay. For instance, the average salary for a Senior…
While summer vacation is seen as a time to relax and unwind, the work never stops for others. It is never too early to adequately prepare for a big exam like the patent bar exam, and summer vacation presents an…
Despite being an open book exam, the patent bar exam is one of the toughest in the country, with less than 50% passing since 2013. Many students put in additional hours post-course of study but still feel like they’re ill-prepared and…
Question: What are the “Appropriate circumstances” to vacate the order granting reexamination? Answer: “Appropriate circumstances” exist to vacate the order granting reexamination where, for example: (A) the reexamination order is facially not based on prior art patents or printed publications;…
Inventors often struggle to transform innovative ideas into reality to make our lives easier. At times, they may think they have created the novel machine, technique, or improvement to a previous invention, but someone may have already beaten them to…
