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…
Question: What does a petition under 37 C.F.R. 1.78 require? Answer: A petition under 37 CFR 1.78(b) requires: the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application…
The most effective patent agents and patent attorneys appreciate how important great legal drafting is. Instead of gimmicks and tricks, they heed the fundamentals of legal writing. Legal preparation is about the recipient, not the drafter. That concept should be…
Question: List a concept related to tracking or organizing information. Answer: Examples of concepts related to tracking or organizing information include; i. classifying and storing digital images in an organized manner ii. collecting information, analyzing it, and displaying certain results…
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…
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…
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…
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:…
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…
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…
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,…
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.,…
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…
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 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,…
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…
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.…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
