Tips for Networking in Law School
As most law students know, it’s never too early to start networking and building connections as it can only help you as you advance in your career. Here are some tips to follow to make sure you get the most…
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MPEP Q & A 174: Submission Types that May Not be Filed Via EFS Web.
Question: List 2 submission types that may not be filed via EFS Web. Answer: The following is a list of submission types that are not permitted to be filed using EFS-Web: Plant patent applications and follow-on documents associated with plant…
How to Connect with Your Patent Law Clients
As patent attorneys of all law firms know, it’s vitally important to get to know your client and their intellectual property professionally. In addition a strong personal connection goes a long way toward building a foundation of trust. A good…
MPEP Q & A 173: What is a Complete Nonprovisional Application Comprised of?
Question: What is a complete nonprovisional application comprised of? Answer: A complete nonprovisional application comprises the following: a specification, including claims, drawings, an oath or declaration, the prescribed filing fee, search fee, examination fee and application size fee Chapter Details:…
Why Learn About Patents if You’re a Scientist?
Patent Law is a specialized legal niche that involves the protection of discoveries and new inventions. Because such inventions often involve medical breakthroughs or technologies that could propel us forward from an intellectual standpoint, only intellectuals with a scientific or…
MPEP Q & A 172: Fees that Must be Paid Upon Filing a Request for Prioritized Examination
Question: Name two fees that must be paid upon filing a request for prioritized examination. Answer: Upon filing the request for prioritized examination, the following fees must be paid for the application: (1) the prioritized examination fee set forth in…
Dealing with Test Anxiety on the Patent Bar Exam
That fear that rips through your chest when you sit down to take an exam and the inner turmoil that is rattling around in your brain is called test anxiety. You start to sweat, your hands might start to shake,…
MPEP Q & A 171: Instances Where Publication or Issue Date is Later Than the Current Date
Question: When the publication or issue date is later than the current date (i.e., the date of the request), who will that information be given to? Answer: When the publication or issue date is later than the current date (i.e.,…
7 Tips to Ace the Patent Bar Exam
Preparing to take the patent bar examination requires a healthy amount of dedication. As with any higher education test, developing good study habits and time management skills will really go a long way in passing the assessment. The patent bar…
MPEP Q & A 170: Must a Claim be Identified to a Correct Category of Subject Matter?
Question: Must a claim be identified to a correct category of subject matter? Answer: It is not necessary to identify a single category into which a claim falls, so long as it is clear that the claim falls into at…
Patent Paralegal Resume Tips
Patent attorneys represent clients who are seeking patents and all legal matters that relate to obtaining a patent. Patent law is a great area of law for paralegals. It involves doing a lot of paperwork, preparing a lot of documentation,…
MPEP Q & A 169: Non-Limiting Claims Not Directed to Any of the Statutory Categories.
Question: Provide an example of a non-limiting claim that is not directed to any of the statutory categories. Answer: Examples of a non-limiting claim that is not directed to any of the statutory categories include; Products that do not have…
Patent Agent and Patent Attorney Salary Guide
Have you ever wondered about the difference between a patent attorney and a patent agent? And how much you can make in this lucrative field under each title? With the rise in technology, patent attorneys and agents are in demand.…
MPEP Q & A 168: Competent Representation to a Client
Question: A practitioner shall provide competent representation to a client. What does competent representation to a client entail? Answer: Competent representation requires the legal, scientific, and technical knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Chapter Details: The…
10 Things You May Not Have Realized Were Invented in the 1990’s
So much technology invented in the 1990’s was critical to the advancement of technological innovation that got us to where we are today. Smartphones, the digital camera, targeted Internet searches and the World Wide Web itself, emojis, even SnapChat and…
MPEP Q & A 167: When Must Applicants Timely File a Notice of Foreign Filing to Avoid Abandonment of a U.S. Application?
Question: Name one circumstance where applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application. Answer: Applicants must timely file a notice of foreign filing to avoid abandonment of a U.S. application if: applicant…
How to Become a Patent Paralegal
A patent paralegal, also often referred to as an intellectual property paralegal, is a career path you can choose to take if you’re interested in patent law, trademarks, copyrighting, and trade secrets. Patent paralegals can’t legally perform law but they…
MPEP Q & A 166: Further Written Opinion Established by the International Preliminary Examining Authority
Question: Name one item any further written opinion established by the International Preliminary Examining Authority should set forth. Answer: Any further written opinion established by the International Preliminary Examining Authority should set forth, as applicable: (A) Any defects in the…
MPEP Q & A 165: When Patent Owner Fails to File Timely Response to Any Office Action Prior to an Action Closing Prosecution (ACP)
Question: List one consequence for when the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP). Answer: If the patent owner fails to file a timely response to any Office…
What You Need to Know About the Fundamentals of Engineering Exam
While this site focuses on the Patent Bar exam, there are many other professional exams that may pertain to you and advance your career. As an example, you may be eligible to take the Fundamentals of Engineering Examination or FE exam.…
MPEP Q & A 164: Computer-Implemented Methods and the Tax Strategy Provision
Question: Would a computer-implemented method that is deemed novel and non-obvious be effected by the tax strategy provision even if used for a tax purpose? Answer: A computer-implemented method that is deemed novel and non-obvious would not be affected by…
3 Tips for Finding a Summer Job at a Patent Law Firm
As most first-year law students know, getting your foot in the door at a patent law firm and looking at your first real intellectual property job can feel like a daunting task. When you’re first starting out on a summer…
MPEP Q & A 163: What are the Most Common Basis for Filing a Reissue Application?
Question: What are the most common basis for filing a reissue application? Answer: The most common bases for filing a reissue application are: the claims are too narrow or too broad; the disclosure contains inaccuracies; applicant failed to or incorrectly…
MPEP Q & A 162: When is a 35 U.S.C. 102 Rejection with Multiple References Proper?
Question: When is a 35 U.S.C. 102 rejection with multiple references proper? Answer: A 35 U.S.C. 102 rejection over multiple references has been held to be proper when the extra references are cited to: Prove the primary reference contains an…
MPEP Q & A 161: Living Subject Matter and Patent Protection
Question: Is it true that living subject matter with markedly different characteristics from any found in nature, such as the claimed bacterium produced by genetic engineering, are excluded from patent protection by 35 U.S.C. 101? Answer: No, it is not true.…
10 Things You May Not Have Realized Were Invented in the 1980’s
Of course, the wheel and internal-combustion engine had already been invented long ago there were as yet no super modern innovations like cell phones or whichever device is in your hand right now as you read this. But so much…
MPEP Q & A 160: Rules for Appellant to Request to Reopen Prosecution
Question: Can an Appellant request to reopen prosecution if the examiner’s answer does not have a rejection that is designated as a new ground of rejection? Answer: No, an appellant cannot request to reopen prosecution if the examiner’s answer does…
How Continuous Learning Can Help Patent Attorneys and Agents Build Confidence
In every field, continuous learning is one of the most important ways to stay on top of constantly changing rules, regulations, and standards. This is particularly true of the patent process, which is why patent attorneys and registered patent agents…
MPEP Q & A 159: What are the Two Criteria for Subject Matter Eligibility?
Question: What are the two criteria for subject matter eligibility? Answer: First, the claimed invention must be in one of the four statutory categories. 35 U.S.C. 101 defines the four categories of invention that Congress deemed to be the appropriate subject matter…
MPEP Q & A 158: Can Maintenance Fees be Paid in Cash?
Question: Can maintenance fees be paid in cash? Answer: Maintenance fees may not be paid in cash. A maintenance fee may be paid: with Treasury notes with national bank notes with post office money orders with certified checks over the…