Patent: Bar Final Exam and All
Accurate Answers 2026 Update.
Term - Answer Definition
Pre-AIA 102(a) - Answer "before the date of the invention by another:
- invention was known/used in USA
- patented anywhere
- published anywhere"
Pre-AIA 102(b) - Answer "More than 1 year prior to filing:
- printed patent or publication anywhere
- public use --> experimental exception if necessary to perfect invention, market research is not
experimentation
- sale / offer for sale in USA --> sale/offer was no experimental, and invention is ready for
patenting; sale of rights is not a sale under 102"
Pre-AIA 102(c) - Answer inventor abandoned the invention (abandonment must be
intentional)
Pre-AIA 102(d) - Answer "Bars patentability of ALL has occurred:
(1) same applicant/assignee filed application for same invention in foreign country
(2) application in foreign country filed >12 mo before US Appl is filed (6 mo. for design appl)
(3) Foreign patent issued before US Appl was filed --> foreign patent need not have been
published"
Pre-AIA 102(e) - Answer "Domestic:
102(e) date is earliest effective filing date
- publishes 18 mo after filing but 102€ date is the filing date
PCT:
- filed on/after 11/29/00 --> 102(e) date after designates US & publishes in english
-filed before 11/29/00 --> 102(e) date ater fee, oath & translation arrive at USPTO
Foreign:
- NEVER recieves a 102(e) date"
Pre-AIA 102(f) - Answer Bars patenting subject matter which applicant did not invent
, Pre-AIA 102(g) - Answer "(1) Prior ivention must have been made in US (NAFTA or WTO
counts)
(2) Prior invention must not have been abandoned, suppressed, or concealed
(3) Partial exception for common ownership"
35 USC 119 - Answer Foreign Priority - can ask for foreign filing date if less than 12 mo has
passed since foreign filing
35 USC 120 - Answer "Provisional Priority - can ask for provisional filing date if less than 12
mo has passed since provisional filing
--> no provisionals for design applications"
1.131 Affadavit - Answer "Gives date of conception prior to filing
-gets behind Pre-AIA 102(a), 102(e) and 102(g) art
-before 12/7/93 --> no coneption outside USA
-on/after 12/8/93 --> conception in FAFTA country (conception occurs on 12/8/93 or later)
-on/after 1/1/96 --> conception in WTO country"
AIA 102(a) - Answer defines the scope of prior art
AIA 102(a)(1) - Answer "Before the effective filing date:
- patented anywhere (issue date, does not need to be published)
- described in printed publication anywhere
- in public use / on sale (must be publicly informing)
- otherwise available to public (ie, thesis, talks, posters)
no requirement of by others --> inventor can make his own 102(a)(1) art"
AIA 102(a)(2) - Answer "Before the effective filing date:
(1) WIPO Published Applications
- must designate US
-does not need to publish in english
- PCT does not need to enter national stage
(2) Filing date includes foreign priority date if it results in a US Application & issued patent
* must name another inventor --> even if only 1 different"
Accurate Answers 2026 Update.
Term - Answer Definition
Pre-AIA 102(a) - Answer "before the date of the invention by another:
- invention was known/used in USA
- patented anywhere
- published anywhere"
Pre-AIA 102(b) - Answer "More than 1 year prior to filing:
- printed patent or publication anywhere
- public use --> experimental exception if necessary to perfect invention, market research is not
experimentation
- sale / offer for sale in USA --> sale/offer was no experimental, and invention is ready for
patenting; sale of rights is not a sale under 102"
Pre-AIA 102(c) - Answer inventor abandoned the invention (abandonment must be
intentional)
Pre-AIA 102(d) - Answer "Bars patentability of ALL has occurred:
(1) same applicant/assignee filed application for same invention in foreign country
(2) application in foreign country filed >12 mo before US Appl is filed (6 mo. for design appl)
(3) Foreign patent issued before US Appl was filed --> foreign patent need not have been
published"
Pre-AIA 102(e) - Answer "Domestic:
102(e) date is earliest effective filing date
- publishes 18 mo after filing but 102€ date is the filing date
PCT:
- filed on/after 11/29/00 --> 102(e) date after designates US & publishes in english
-filed before 11/29/00 --> 102(e) date ater fee, oath & translation arrive at USPTO
Foreign:
- NEVER recieves a 102(e) date"
Pre-AIA 102(f) - Answer Bars patenting subject matter which applicant did not invent
, Pre-AIA 102(g) - Answer "(1) Prior ivention must have been made in US (NAFTA or WTO
counts)
(2) Prior invention must not have been abandoned, suppressed, or concealed
(3) Partial exception for common ownership"
35 USC 119 - Answer Foreign Priority - can ask for foreign filing date if less than 12 mo has
passed since foreign filing
35 USC 120 - Answer "Provisional Priority - can ask for provisional filing date if less than 12
mo has passed since provisional filing
--> no provisionals for design applications"
1.131 Affadavit - Answer "Gives date of conception prior to filing
-gets behind Pre-AIA 102(a), 102(e) and 102(g) art
-before 12/7/93 --> no coneption outside USA
-on/after 12/8/93 --> conception in FAFTA country (conception occurs on 12/8/93 or later)
-on/after 1/1/96 --> conception in WTO country"
AIA 102(a) - Answer defines the scope of prior art
AIA 102(a)(1) - Answer "Before the effective filing date:
- patented anywhere (issue date, does not need to be published)
- described in printed publication anywhere
- in public use / on sale (must be publicly informing)
- otherwise available to public (ie, thesis, talks, posters)
no requirement of by others --> inventor can make his own 102(a)(1) art"
AIA 102(a)(2) - Answer "Before the effective filing date:
(1) WIPO Published Applications
- must designate US
-does not need to publish in english
- PCT does not need to enter national stage
(2) Filing date includes foreign priority date if it results in a US Application & issued patent
* must name another inventor --> even if only 1 different"
