Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, the Office revises the rules to provide…
Patent law is a branch of intellectual property rights law where new inventions, ideas, designs, devices and contraptions are registered. Getting something patented gives the inventors and creators exclusive rights to their property in terms of selling, purchasing, copyrights, distribution…
Question: Have parties to AIA proceedings under Phillips required expanded page limits or otherwise incurred more expenses in their AIA trials than parties in AIA proceedings under BRI? Answer: PTAB has not found that parties to these AIA proceedings under…
Learning new things is both exciting as well as daunting. You may be learning things all the time, from learning how to solve a calculus equation or learning about historical events. However, most people find themselves lost when learning something…
Question: Name one instance when issuance of a NIRC action would be proper in an inter partes reexamination proceeding. Answer: The following are the only instances when issuance of a NIRC action would be proper in an inter partes reexamination…
Preparing for the patent bar exam can be demanding, time consuming, as well as mentally and physically exhausting. It can get especially frustrating if you find you cannot memorize the content and exam material. Fortunately, there are certain memory tips…
Question: What should the Applicant Initiated Interview Request form identify? Answer: The Applicant Initiated Interview Request form should identify: the participants of the interview the proposed date of the interview whether the interview will be personal, telephonic, or video conference…
Preparing for the patent law bar exam can be demanding, time-consuming, challenging and exhausting. Since this exam can be extremely difficult, people tend to avoid studying for it by procrastinating. Although it might not sound like a very serious problem…
Question: What are the two final rules dealing with the claim construction standard as implemented in the supplement entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board”? Answer: In…
Preparing for the patent bar exam can be laborious, taxing, and exhausting. Most of the candidates aiming to sit for this exam fall prey to procrastination and end up not doing very well on their exam. This article features some…
Question: Name two types of patents that may not use the provisions of 37 C.F.R. 1.114. Answer: The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents: design patent applications provisional applications applications filed before…
Be it a student or a working adult, we read one thing or another everyday both consciously as well as subconsciously. Certain professionals have to read as a part of their jobs such as authors, proofreaders, publishers, and patent attorneys,…
Question: What must an application filed under 37 CFR 1.53(d) be filed before the earliest of? Answer: An application filed under 37 CFR 1.53(d) must be filed before the earliest of: (A) payment of the issue fee on the prior…
Becoming a patent agent or patent attorney is difficult, time-consuming and requires a lot of hard work. Many people seem to slow down and take the job very lightly once they get started. This article discusses some very helpful ways…
Question: A subject matter eligibility rejection under Step 2 should provide an explanation for each part of the Step 2 analysis; Step 2A and Step 2B. What specifically should a rejection identify under Step 2A? Answer: For Step 2A, the…
Choosing a career is a life defining moment. It requires a lot of thinking and decisiveness to ensure that you’re choosing a profession that is best for you. If you have an itch for the legal industry and are considering…
Question: When will the changes to the claim construction standard as outlined in “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” apply? Answer: As shown in the supplement … The…
Learning is unavoidable, we are learning all the time, every day of our lives, both consciously and subconsciously. It is an essential and crucial life skill that is necessary for anyone who wants to continuously progress in life. Learning is…
Question: List one of the basic characteristics of ex parte reexamination. Answer: The basic characteristics of ex parte reexamination are as follows: Anyone can request reexamination at any time during the period of enforceability of the patent; In ex parte…
Passing the patent bar is a dream for many. It takes a lot of hard work, dedication, and commitment to prepare for this exam. It requires your blood, sweat and tears as well as often burning the midnight oil. The…
Question: What is the executive summary of the final rule when dealing with the claim construction standard that took effect on November 13, 2018? Answer: This final rule revises the rules for IPR, PGR, and CBM proceedings that implemented provisions…
As in the wise words of Brigham Young “You educate a woman; you educate a generation,” it is clearly evident that women play an important part in the nurturing and development of a civilization and a nation. In order for…
Question: What does AIA 35 U.S.C. 102(b) discuss? Answer: AIA 35 U.S.C. 102(b) sets forth exceptions to prior art established in AIA 35 U.S.C. 102(a). Chapter Details: The answer to this question can be found in chapter 2100 of the…
What does a fulfilling career look like to you? Everyone is searching for fulfillment in life and job satisfaction. Career fulfillment is different for everyone, but we can all agree that it’s more than just a steady paycheck and the…
Question: What is the 3-step test for recapture? Answer: The three-step test for recapture is: First, we determine whether, and in what respect, the reissue claims are broader in scope than the original patent claims; Next, we determine whether the…
As anyone who has taken the Patent Bar will tell you, passing this exam is not easy and never will be. Since you likely know this and if you’ve spent any time wading through the MPEP or study material, you…
Question: What is the difference between derivation and priority of invention? Answer: Derivation and priority of invention both focus on inventorship. Derivation addresses originality, i.e., who invented the subject matter, whereas priority focuses on which party invented the subject matter…
After working hard to get your new job as a patent attorney or attorney, the struggle doesn’t stop there. There is going to come a time in every employee’s life where they disagree with a co-worker. Top CEOs can’t escape…
Question: Can a patent practitioner ever reveal information relating to the representation of a client when the client has not given informed consent? Answer: Yes, a practitioner may reveal information relating to the representation of a client to the extent…
Here’s what you need to know to negotiate your next salary. If you’re new to a position: Negotiate with the right mindset You never have more leverage over negotiating your salary than when a firm first hires you. Use this…
