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…
Question: Document size fees are only applicable to non-patent documents having greater than what number of pages? Answer: The document size fees are only applicable to non-patent documents having greater than 20 pages. Non-patent documents having 20 pages or less…
As the name implies, a visual learner refers to those individuals who learn best when the information presented to them is in a visual form. They connect better to visual aids because seeing them provides a holistic view of the…
Question: AIA 35 U.S.C. 102(c) provides three conditions that must be satisfied in order for subject matter disclosed which might otherwise qualify as prior art, and a claimed invention, to be treated as having been owned by the same person…
Many consider Isaac Newton the father of calculus, however, what they don’t know is that this topic was heavily contested by Gottfried Leibniz, who had published papers on the topic around the same time. Each claimed that the other had…
Question: AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that are available as prior art as of the date they were effectively filed with respect to the subject matter relied upon in the document if they name…
Question: What was Section 42.208 paragraph (c) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.208 is amended by revising paragraph (c) to read as…
Question: When may the OPAP object to and require corrected drawings within a set time period? Answer: The OPAP may object to and require corrected drawings within a set time period, if the drawings: have a line quality that is…
Question: What is the issue of correlation as related to matters of invitro/in vivo? Answer: The answer to this question can be found in chapter 2100 of the MPEP. This chapter covers Patentability. The answer is from the 9th Edition,…
Question: What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board? Answer: Section 42.23 is amended by revising paragraph (b) to read as…
Question: What is the time limit for establishing the International Search Report and the Written Opinion of the International Searching Authority? Answer: Publication of the international application occurs at 18 months from the earliest priority date or, where there is…
The patent bar exam is the biggest step in your journey to becoming a patent attorney or patent agent. In many cases, it will also be the last step you need to take to begin your career. Before taking the…
You probably already realize you may use the MPEP during the Patent Bar exam. For many, that gives off the impression that the test is an open book exam you don’t really need to study for. But an attitude like…
