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…
The Patent Bar is a difficult test to prepare for no matter how you’re going about it. Whether you’re studying the Manual of Patent Examining Procedure (MPEP) on your own, reviewing a home study course, or taking a live class, the…
Pass the Patent Bar on Your Terms The PES-System was created to help you pass the Patent Bar Exam in a much shorter amount of time and with less frustration than if you attempt it on your own. Save your time…
Let’s face it: there’s a lot of material you’re going to have to memorize in order to pass the Patent Bar exam. Even if you cut out the extraneous material and focus on what’s most likely to be tested, you’ll…
Question: When did the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’ take effect? Answer: This rule is effective May 2, 2016, and applies to all AIA petitions filed on or…
Hunter is an Intellectual Property attorney. He clerked for two and a half years at Erise IP, P.A. during law school prior to starting full-time and is approaching the end of his third full year full-time. In total, Hunter has…
Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what are sufficient grounds for a post-grant review? Answer: 37 CFR 42.208 (C) states that Post-grant review shall not…
Adam is a Founding Member of Aeon Law, an Intellectual Property law firm. Adam has worked in the IP law profession for the last 25 years. The following is his Q & A interview. Why did you think this would be…
Question: Can attorney arguments take the place of evidence? Answer: No, the arguments of counsel cannot take the place of evidence in the record. Examples of attorney statements which are not evidence and which must be supported by an appropriate…
Clifford is a Patent Attorney who has been working in the IP profession since September 2014. From September 2014 until May 2016 Clifford was working on the patent prosecution side of patent law. In May 2016, Clifford moved to his…
Question: According to the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’, what is the number of days before an oral argument for the exchange of exhibits? Answer: The number of…
Ted is an IP attorney and partner at Berkeley Law & Technology Group LLP, headquartered in Portland, Oregon. He has worked in the field of intellectual property law since 2001. The following is his Q & A interview. How did…
Question: When may an abandoned application be used as prior art? Answer: An abandoned patent application may become evidence of prior art only when it has been appropriately disclosed, as, for example, when the abandoned patent [application] is reference[d] in…
Covid-19 has caused enormous stress and trauma to our society and unfortunately, the strain doesn’t seem like it will end in 2020. I very much hoping that things will start to look up in 2021, but depending on when in…
Question: What is the executive summary of the PDF titled ‘Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board’? Answer: This final rule amends the existing consolidated set of rules relating to the United…
The USPTO changed the source materials of the Patent Bar exam starting October 13th, 2020. Our course includes the newest updates. Fortunately, the Patent Bar exam is still tested over the same version of the MPEP which is the…
