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…
Question: Does a copy of an oath or declaration from a prior application need to be submitted with a continuation or divisional application, or with a continuation-in-part application filed on or after September 16, 2012 even if the oath or…
Start Preparing for the Exam As Far Ahead of Time As You Can Giving yourself as much time to prepare for the exam as you can help keep your stress level at a minimum. By planning ahead, you’ll have time…
Question: Is it possible to file a petition to make an application special without a fee? Answer: A petition to make an application special may be filed without a fee if the basis for the petition is: (1) The applicant’s…
Taking notes is essential for achieving academic success, yet few people know how to do it well. Note-taking is an excellent way for any student to improve their grades. Anyone who plans on taking the patent bar exam would be…
Question: When can a practitioner enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client? Answer: A practitioner shall not enter into a business transaction with a…
The basic resume formula hasn’t changed much over the years: it includes your work experience, your education, and your most relevant skills and accomplishments. But the objective statement, which has sat at the top of resumes for decades, might have…
Question: What are the requirements for an applicant to rescind a nonpublication request? Answer: The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request must: Identify the application to which it is directed;…
In the United States alone, anxiety is considered the single most common mental illness. Yet while only 18 percent of the adult population suffers from anxiety, it’s estimated that a staggering 60 percent of college students deal with debilitating fear…
Question: What is the meaning of claims limited to species? Answer: Claims are definitions or descriptions of inventions. Claims themselves are never species. The scope of a claim may be limited to a single disclosed embodiment (i.e., a single species, and…
As 3D printing gains popularity, a debate rages about whether patent protection is beneficial for the technology. This fact matters for the industry because several patents are expiring, and companies are filing for new ones at a rapid pace. 3D…
Question: What is the definition of a national application as described in chapter 200 of the MPEP? Answer: A national application as used in this chapter means either a U.S. application for patent which was filed in the Office under…
When preparing for your move to patent law, it is crucial that you get the most out of your study time. But most students simply read the textbook and try to remember what they have read, which is not a…
Question: Should a dependent claim that does not specify a further limitation of the subject matter claimed be rejected under 35 USC 112(d)? Answer: Yes, a dependent claim that does not specify a further limitation of the subject matter claimed…
Going in for a job interview is always nerve-racking. While preparing and considering all the details, it can be easy to lose sight of what a job interview is: a conversation with a potential employer where you must sell yourself…
Question: What should an examiner’s answer in an appeal include? Answer: An examiner’s answer should include, under appropriate headings, in the order indicated, the following items: (1) Grounds of Rejection to be Reviewed on Appeal. A statement that every ground…
Question: Is a drawing an essential element of a design patent application? Answer: Every design patent application must include either a drawing or a photograph of the claimed design. As the drawing or photograph constitutes the entire visual disclosure of…
According to the Oxford dictionary, one definition of confidence is “a feeling of self-assurance arising from an appreciation of one’s abilities or qualities.” Confidence is one of the most essential qualities to have and show during a job interview. However,…
Question: When is a drawing usually not considered necessary for the understanding of an invention under 35 USC 113 (first sentence)? Answer: It has been USPTO practice to treat an application that contains at least one process or method claim…
