Patent Bar Questions with Correct Answers
35 U.S.C. 101 (section 101) Correct Answer-"Whoever invents of
discovers any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof, may
obtain a patent therefore, subject to the conditions and requirements of
this title"
Section 101 requirements Correct Answer-1. Subject matter that is
patentable (process, machine, manufacture, composition of matter)
2. Utility
What does section 101 determine? Correct Answer-Minimum patent
eligibility (if it meets the other requirements of title 35)
35 U.S.C. 102 Correct Answer-novelty statute
-one piece of prior art is contains each and every claim in your app
AIA Correct Answer-America Invents Act of 2011
When did the AIA become effective? Correct Answer-March 16, 2013
-Only applications filed on or after that date will be dealt with under the
new law
35 USC 103 Correct Answer-Conditions for patentability; non-obvious
subject matter
,-two pieces of prior art combine to support an obviousness rejection
(predictability is key)
Graham factors of non-obvious subject matter Correct Answer-1. Prior
Art
2. Is it obvious to a person of ordinary skill in the field
3. Secondary considerations
a. great commercial success
b. long-felt need in the art
c. there was failure of others to resolve the
problems
35 USC 112 Correct Answer-written description, best mode, claims
Feeds not reduced for small/mirco entities Correct Answer--document
supply fees
-petition and processing fees
-certificate of correction fees
-reexamination
-miscellaneous fees and charges
-PCT fees
Filings which CANNOT be sent by fax Correct Answer--Patent
applications
, -any document which has to be certified
-color drawings (faxing black and white drawings is ok)
-a request for reexamination;
-correspondence relating to Registration to practice before the PTO
Disciplinary Proceedings;
-Correspondence in an Interference
-Papers filed in applications subject to secrecy order
Notice to file missing parts Correct Answer-Typically F.O.T. (Fee, Oath,
Translation)
Notice of Incomplete Application Correct Answer-Missing something
more substantive (such as a drawing description, etc.), but usually the
filing date is not impacted.
Notice of omitted items Correct Answer-Very serious, filing date can be
impacted
PLTIA Correct Answer-Patent Law Treaty Implementation Act
Formula for a filing date Correct Answer--specification
-drawings
-claims
What comprises a filing fee Correct Answer--filing fee
35 U.S.C. 101 (section 101) Correct Answer-"Whoever invents of
discovers any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof, may
obtain a patent therefore, subject to the conditions and requirements of
this title"
Section 101 requirements Correct Answer-1. Subject matter that is
patentable (process, machine, manufacture, composition of matter)
2. Utility
What does section 101 determine? Correct Answer-Minimum patent
eligibility (if it meets the other requirements of title 35)
35 U.S.C. 102 Correct Answer-novelty statute
-one piece of prior art is contains each and every claim in your app
AIA Correct Answer-America Invents Act of 2011
When did the AIA become effective? Correct Answer-March 16, 2013
-Only applications filed on or after that date will be dealt with under the
new law
35 USC 103 Correct Answer-Conditions for patentability; non-obvious
subject matter
,-two pieces of prior art combine to support an obviousness rejection
(predictability is key)
Graham factors of non-obvious subject matter Correct Answer-1. Prior
Art
2. Is it obvious to a person of ordinary skill in the field
3. Secondary considerations
a. great commercial success
b. long-felt need in the art
c. there was failure of others to resolve the
problems
35 USC 112 Correct Answer-written description, best mode, claims
Feeds not reduced for small/mirco entities Correct Answer--document
supply fees
-petition and processing fees
-certificate of correction fees
-reexamination
-miscellaneous fees and charges
-PCT fees
Filings which CANNOT be sent by fax Correct Answer--Patent
applications
, -any document which has to be certified
-color drawings (faxing black and white drawings is ok)
-a request for reexamination;
-correspondence relating to Registration to practice before the PTO
Disciplinary Proceedings;
-Correspondence in an Interference
-Papers filed in applications subject to secrecy order
Notice to file missing parts Correct Answer-Typically F.O.T. (Fee, Oath,
Translation)
Notice of Incomplete Application Correct Answer-Missing something
more substantive (such as a drawing description, etc.), but usually the
filing date is not impacted.
Notice of omitted items Correct Answer-Very serious, filing date can be
impacted
PLTIA Correct Answer-Patent Law Treaty Implementation Act
Formula for a filing date Correct Answer--specification
-drawings
-claims
What comprises a filing fee Correct Answer--filing fee
