PATENT BAR Questions with Correct Answers
Which of the following sections of 102 can be addressed using a
declaration filed under 37 CFR 1.130? Correct Answer-102 (A)1 and
102 (a)(2)
prior art under 102 Correct Answer-any publication, patent, public use,
or sale anywhere on earth before the earliest filing date of an application
is prior art.
Which of the following sections of 102 include an exclusion or
disqualification for an "offer for sale or a public use" by the inventor
made within one year of the filing of an application? Correct Answer-
102(b)(1) is the statutory section that can disqualify a prior sale or use
by the inventor as long as it was within one year of their earliest filing
date.
Which of the following sections of 102 include "or otherwise available
to the public" before the filing date? Correct Answer-102(a)(1) - 102
specifically says "or otherwise available to the public.
102(d) requires that: Correct Answer-Only a US patent or published
application and/or a published PCT that designates the US can be used
as 102(a)(2) prior art in accord with 102(d).
- a us patent may be used as prior art under 102 a(2) as of its earliest
effective filing date
, - a US published application may be used as prior art under 102 a(2) as
of its earliest effective filing date
-a published PCT that designates the US may under 102 a(2) as of its
earliest effective filing date including a foreign priority date.
To create an exception to prior art 102(b)(2) requires: Correct Answer-
any one of the following:
- that the prior-filed application be created from a disclosure from the
inventor.
-that the prior-filed third-party application filing date be pre-dated by a
disclosure by the inventor
- that the prior-filed application be commonly owned by the same entity
as the current filing
Which of the following qualify as prior art under pre-AIA 102? Correct
Answer-an abandonment of the invention
Which of the following sections of 102 can be the basis for a provisional
rejection? Correct Answer-provisional rejection can only be made
pursuant to 102(a)(2). It is provisional in nature because a 102(a)(2) date
does not exist unless a patent application has published or a patent has
issued. If there is a common owner or common inventor then the patent
examiner may issue a provisional 102(a)(2) rejection which is a notice
Which of the following sections of 102 can be addressed using a
declaration filed under 37 CFR 1.130? Correct Answer-102 (A)1 and
102 (a)(2)
prior art under 102 Correct Answer-any publication, patent, public use,
or sale anywhere on earth before the earliest filing date of an application
is prior art.
Which of the following sections of 102 include an exclusion or
disqualification for an "offer for sale or a public use" by the inventor
made within one year of the filing of an application? Correct Answer-
102(b)(1) is the statutory section that can disqualify a prior sale or use
by the inventor as long as it was within one year of their earliest filing
date.
Which of the following sections of 102 include "or otherwise available
to the public" before the filing date? Correct Answer-102(a)(1) - 102
specifically says "or otherwise available to the public.
102(d) requires that: Correct Answer-Only a US patent or published
application and/or a published PCT that designates the US can be used
as 102(a)(2) prior art in accord with 102(d).
- a us patent may be used as prior art under 102 a(2) as of its earliest
effective filing date
, - a US published application may be used as prior art under 102 a(2) as
of its earliest effective filing date
-a published PCT that designates the US may under 102 a(2) as of its
earliest effective filing date including a foreign priority date.
To create an exception to prior art 102(b)(2) requires: Correct Answer-
any one of the following:
- that the prior-filed application be created from a disclosure from the
inventor.
-that the prior-filed third-party application filing date be pre-dated by a
disclosure by the inventor
- that the prior-filed application be commonly owned by the same entity
as the current filing
Which of the following qualify as prior art under pre-AIA 102? Correct
Answer-an abandonment of the invention
Which of the following sections of 102 can be the basis for a provisional
rejection? Correct Answer-provisional rejection can only be made
pursuant to 102(a)(2). It is provisional in nature because a 102(a)(2) date
does not exist unless a patent application has published or a patent has
issued. If there is a common owner or common inventor then the patent
examiner may issue a provisional 102(a)(2) rejection which is a notice
