Patent: Bar US-Final Exam And 100%
Correct Answers 2026-2027 Updated.
Can you fix a restriction requirement after issuance with a reissue? - Answer NO - during a
restriction you permanently give something up forever - so you cant change this with a reissue
(same with claims you cancelled by amendment - can't add them again with reissue). BUT
instead of filing restriction, you could have filed a divisional patent instead of giving up those
claims
MPEP 100 contents - Answer Access (assignees/status/etc), Secrecy Orders, Foreign Filing
License, DOE/NASA Statements
what documents are held in confidence by USPTO - Answer unpublished pending, abandoned
applications
What is ALWAYS public access for viewing and copying? - Answer published documents,
issued patents, reissue files and reexamination files involving an issued patent
T/F: a pending interference files awaiting an award of priority is open to the public? - Answer
FALSE: Must be a terminated interference file
T/F: a terminated interference proceeding involving an issued patent AND a pending patent
application is available for public viewing and copying? - Answer TRUE
T/F: interference files involving an issued patent where the interference has been terminated is
open to the public? - Answer True
T/F: papers relating to a reexamination proceeding which have been entered of record in a
reexamination file are open to public viewing? - Answer True (reexaminations are only
conducted to examine the validity of claims of an ISSUED patent, anyone can request
reexamination)
T/F: assignment records relating only to pending patent applications are available to the public?
- Answer false
T/F: assignment records relating to issued patents are available to public viewing? - Answer
true
T/F: an assignment record relating to a pending patent application and an issued patent is
available for public viewing? - Answer true
,T/F: all reissue applications are open to the public? - Answer true
A reissue application is filed to correct an error in the patent, where, as a result of the error, the
patent is deemed wholly or partly inoperative or invalid - therefore reissues (of course by name)
are only involving patents that were already granted. when would you need a reissue? ex:
correcting inventorship. This is the only way to correct issues on an ISSUED application.
otherwise if you need to correct issues on a pending application, you submit amendments.
ALSO to reissue for corrections, the error must have been done without deceptive intent!
T/F: all pending utility patent applications are open to public? - Answer false
T/F: a continuation-in-part application of an issued patent is available for public viewing? -
Answer false
T/F: all abandoned applications are available for public viewing? - Answer false
T/F: all pending applications are available for public viewing? - Answer false
T/F: all assignment records relating to pending patent applications are open to public viewing? -
Answer false
Can parent company of invention view patent application? - Answer only if they have a
designated assignment (assignee); or under American Invents Act 2012 - owner can file an
application as the applicant (normally the inventor is the applicant) if inventor leaves company,
or can no longer be contacted
what to you need to determine status of an application (not access, status)? - Answer 1. if
you have a US serial number and filing date from a published document or a US application
open to public inspection
2. when access can be obtained (or if you are the applicant/inventor/assignee/attorney or agent
LISTED on the application)
3. when the application is in the national phase of an international/PCT application where the
US is listed
what are the exceptions to viewing unpublished ABANDONED applications? - Answer 1. if the
application is referred to in a published application or issued patent
2. if the application is referred to in a US application that is open to public inspection
3. if the application is referred to in a PCT/international published application which designates
the US
,what are the exceptions to viewing unpublished PENDING applications? - Answer 1. when the
pending application is referenced in a published/patent-issued document
2. when a patent application relies on the pending application for priority
3. special circumstances - when a US pending unpublished patent application is being used for
improper circumstances (threatening to sue someone in the future for when it is issued, etc)
When are interference files publicly available? - Answer 1. when interference is terminated
2. an award of priority has been made
T/F: the status of a parent application will be disclosed if the continuation, CIP (continuation in
part), or divisional application qualifies to have its status disclosed? - Answer True
Who can always access any pending or abandoned file? - Answer 1. each of the LISTED
inventors (unless the designated assignee writes to the patent office asking them to Bar one of
the inventors)
2. any inventor named in the application (even if it is filed without their signature)
3. an assignee of entire interest or assignee of partial interest or an exclusive licensee (but NOT
a NON-exclusive licensee) *the assignee/owner/company MUST be filed on the application
4. attorney or agent of record and any given person with a written authorization from the
attorney or agent of record
what is a secrecy order? - Answer when the 2 guys at the pentagon who view all patent
applications allow a patent to be issued but not published if it contains a threat to national
security (this lasts until the threat is no longer) - applies to original and all subsequent/divisional
applications
When is a foreign filing license required? - Answer if the invention is made in the US and is
going to be patented in other countries (regardless of what kind of technology it is)
what are the ways foreign filing licenses can be acquired? - Answer 1. passage of 6 months
following the filing of any US application, including provisional applications (implicit)
2. by being granted specifically on the filing receipt, which also indicates the day it is effective
3. granting of a petition asking for one
4. retroactive request after filing in another country as long as there is no national security
threat and it was accidental (even after the application has been issued)
T/F: is an invention is made in another country, (even by an American) no foreign filing license is
required - Answer true
, T/F: every US patent application also files for an automatic foreign filing licence? - Answer
true
T/F: if a foreign filing license is not obtained and the corresponding US application issues as a
patent, then that patent is invalid unless a license is granted retroactively - Answer TRUE
MPEP 200 Contents - Answer Types, cross-noting-status, prior art, provisional documents
national vs. national-stage applications? - Answer 1. national applications can be filed
without filing fee/oath/translation, but still receive a filing date with a Notice of Missing Parts
vs. national stage requires ALL components to obtain a filing date
2. both have restriction practice
3. national stage has unity of invention practice
F.o.T. rule - Answer fee, oath (of discretion), translation
(aka what is required for an application, national-stage apps require ALL to obtain filing date)
what is a provisional application? - Answer 1. does NOT lead to patent
2. is a placeholder in line for 1 year (can keep restarting this one year process)
3. file a non-provisional application to pick up where the provisional left off for ONLY the
elements that completely overlap (new claims do not get included and require a new
application separately)
whats included in a provisional application? - Answer specifications, coversheet, drawing,
filing fee
T/F: provisional applications are examined by the Examiner? - Answer FALSE: only NON-
provisionals are reviewed
how long do you have to file a non-provisional application to keep filing date of provisional
document? - Answer 1 year (but note the anniversary can't fall on a weekend or holiday,
otherwise the date is pushed to the following business day
Copendency vs noncopendency documents - Answer Copendency: continuation in part (CIP),
continuation, divisional
non-copendency: substitute
Correct Answers 2026-2027 Updated.
Can you fix a restriction requirement after issuance with a reissue? - Answer NO - during a
restriction you permanently give something up forever - so you cant change this with a reissue
(same with claims you cancelled by amendment - can't add them again with reissue). BUT
instead of filing restriction, you could have filed a divisional patent instead of giving up those
claims
MPEP 100 contents - Answer Access (assignees/status/etc), Secrecy Orders, Foreign Filing
License, DOE/NASA Statements
what documents are held in confidence by USPTO - Answer unpublished pending, abandoned
applications
What is ALWAYS public access for viewing and copying? - Answer published documents,
issued patents, reissue files and reexamination files involving an issued patent
T/F: a pending interference files awaiting an award of priority is open to the public? - Answer
FALSE: Must be a terminated interference file
T/F: a terminated interference proceeding involving an issued patent AND a pending patent
application is available for public viewing and copying? - Answer TRUE
T/F: interference files involving an issued patent where the interference has been terminated is
open to the public? - Answer True
T/F: papers relating to a reexamination proceeding which have been entered of record in a
reexamination file are open to public viewing? - Answer True (reexaminations are only
conducted to examine the validity of claims of an ISSUED patent, anyone can request
reexamination)
T/F: assignment records relating only to pending patent applications are available to the public?
- Answer false
T/F: assignment records relating to issued patents are available to public viewing? - Answer
true
T/F: an assignment record relating to a pending patent application and an issued patent is
available for public viewing? - Answer true
,T/F: all reissue applications are open to the public? - Answer true
A reissue application is filed to correct an error in the patent, where, as a result of the error, the
patent is deemed wholly or partly inoperative or invalid - therefore reissues (of course by name)
are only involving patents that were already granted. when would you need a reissue? ex:
correcting inventorship. This is the only way to correct issues on an ISSUED application.
otherwise if you need to correct issues on a pending application, you submit amendments.
ALSO to reissue for corrections, the error must have been done without deceptive intent!
T/F: all pending utility patent applications are open to public? - Answer false
T/F: a continuation-in-part application of an issued patent is available for public viewing? -
Answer false
T/F: all abandoned applications are available for public viewing? - Answer false
T/F: all pending applications are available for public viewing? - Answer false
T/F: all assignment records relating to pending patent applications are open to public viewing? -
Answer false
Can parent company of invention view patent application? - Answer only if they have a
designated assignment (assignee); or under American Invents Act 2012 - owner can file an
application as the applicant (normally the inventor is the applicant) if inventor leaves company,
or can no longer be contacted
what to you need to determine status of an application (not access, status)? - Answer 1. if
you have a US serial number and filing date from a published document or a US application
open to public inspection
2. when access can be obtained (or if you are the applicant/inventor/assignee/attorney or agent
LISTED on the application)
3. when the application is in the national phase of an international/PCT application where the
US is listed
what are the exceptions to viewing unpublished ABANDONED applications? - Answer 1. if the
application is referred to in a published application or issued patent
2. if the application is referred to in a US application that is open to public inspection
3. if the application is referred to in a PCT/international published application which designates
the US
,what are the exceptions to viewing unpublished PENDING applications? - Answer 1. when the
pending application is referenced in a published/patent-issued document
2. when a patent application relies on the pending application for priority
3. special circumstances - when a US pending unpublished patent application is being used for
improper circumstances (threatening to sue someone in the future for when it is issued, etc)
When are interference files publicly available? - Answer 1. when interference is terminated
2. an award of priority has been made
T/F: the status of a parent application will be disclosed if the continuation, CIP (continuation in
part), or divisional application qualifies to have its status disclosed? - Answer True
Who can always access any pending or abandoned file? - Answer 1. each of the LISTED
inventors (unless the designated assignee writes to the patent office asking them to Bar one of
the inventors)
2. any inventor named in the application (even if it is filed without their signature)
3. an assignee of entire interest or assignee of partial interest or an exclusive licensee (but NOT
a NON-exclusive licensee) *the assignee/owner/company MUST be filed on the application
4. attorney or agent of record and any given person with a written authorization from the
attorney or agent of record
what is a secrecy order? - Answer when the 2 guys at the pentagon who view all patent
applications allow a patent to be issued but not published if it contains a threat to national
security (this lasts until the threat is no longer) - applies to original and all subsequent/divisional
applications
When is a foreign filing license required? - Answer if the invention is made in the US and is
going to be patented in other countries (regardless of what kind of technology it is)
what are the ways foreign filing licenses can be acquired? - Answer 1. passage of 6 months
following the filing of any US application, including provisional applications (implicit)
2. by being granted specifically on the filing receipt, which also indicates the day it is effective
3. granting of a petition asking for one
4. retroactive request after filing in another country as long as there is no national security
threat and it was accidental (even after the application has been issued)
T/F: is an invention is made in another country, (even by an American) no foreign filing license is
required - Answer true
, T/F: every US patent application also files for an automatic foreign filing licence? - Answer
true
T/F: if a foreign filing license is not obtained and the corresponding US application issues as a
patent, then that patent is invalid unless a license is granted retroactively - Answer TRUE
MPEP 200 Contents - Answer Types, cross-noting-status, prior art, provisional documents
national vs. national-stage applications? - Answer 1. national applications can be filed
without filing fee/oath/translation, but still receive a filing date with a Notice of Missing Parts
vs. national stage requires ALL components to obtain a filing date
2. both have restriction practice
3. national stage has unity of invention practice
F.o.T. rule - Answer fee, oath (of discretion), translation
(aka what is required for an application, national-stage apps require ALL to obtain filing date)
what is a provisional application? - Answer 1. does NOT lead to patent
2. is a placeholder in line for 1 year (can keep restarting this one year process)
3. file a non-provisional application to pick up where the provisional left off for ONLY the
elements that completely overlap (new claims do not get included and require a new
application separately)
whats included in a provisional application? - Answer specifications, coversheet, drawing,
filing fee
T/F: provisional applications are examined by the Examiner? - Answer FALSE: only NON-
provisionals are reviewed
how long do you have to file a non-provisional application to keep filing date of provisional
document? - Answer 1 year (but note the anniversary can't fall on a weekend or holiday,
otherwise the date is pushed to the following business day
Copendency vs noncopendency documents - Answer Copendency: continuation in part (CIP),
continuation, divisional
non-copendency: substitute
