The Law and rules tested on PTO Registration Exam || A+ Guaranteed.
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The Law and rules tested on PTO Registration
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The Law And Rules Tested On PTO Registration
35 USC 101 correct answers What subject matter is patentable:
1. whoever (inventor) is protected, not employer/who paid
2. invents or discovers (protects someone who is finding something new/useful, or stumbled upon)
3. new (novelty--> not already known/old)
4. useful
5. process(es), machin...
The Law and rules tested on PTO Registration Exam || A+
Guaranteed.
35 USC 101 correct answers What subject matter is patentable:
1. whoever (inventor) is protected, not employer/who paid
2. invents or discovers (protects someone who is finding something new/useful, or stumbled
upon)
3. new (novelty--> not already known/old)
4. useful
5. process(es), machine, manufacture, the composition of matter
35 USC 102(a-g) correct answers old law
102 a: you didn't do it first, here's the proof (patents/publications dated before; knowledge/use by
others).
102 b: one year to file in USPTO after disclosure (public policy-driven) could be printed
publications in other country.
102 c: can't patent something you've publicly said you gave up on the invention (ex: Ph.D.
candidates)
102 d: if you file foreignly, if you don't file in the USA within one year, and issues in a foreign
country, you forfeit rights in the US for your patent.
102 e: cant file something someone already filed and/or issues, or published in the US (like 102a,
more proof)
102 f: you can only patent what is your work, not others --> only claim what YOU did, not
others did. what'd you start with?
102 g: one patent for each invention. if two inventors interfere with the same claims, who
invented first is awarded the patent.
102 correct answers = New Law
102 a: prior art
- 102 a 1: anything before your filing date is prior art, anywhere on earth (in the public domain).
Secret sales/use are included!
- 102 a 2: in addition to the public domain, count against those who filed before you but only
those w/ US patent, US published, or PCT designating the US
102 b: exceptions to prior art under 102
prior disclosure:
- 102 b 1 A: within 1 year of filing disclosure, it does not count as prior art (A=attribution)
- 102 b 1 B: inventor has disclosure that can beat the date of another disclosure, as long as it's
still w/in a year (B = Beat the date of another)
disclosure is prior-filed, but not yet published or issued US patent applications
- 102 b 2 A: (102a2 exception) prior filing, but is mine directly or indirectly so it's disqualified
- 102 b 2 B: (102b1b) disclosure cant be more than a year ahead of filing date
, - 102 b 2 C: common ownership expands definition of who you are.
102 c: joint research agreement (agreement in place before filing, invention under joint
agreement, tell USPTO who members are now).
102 d: definition what qualifies under prior art under: only US patents, US published apps.,
published PCT designating US.
35 usc 120 correct answers domestic non-provisional /provisional application from parent--
benefit of earlier filing date
CIP (diff. dates for diff. claims).
provisional followed by non-prov. (earlier date, to determine what is/isn't prior art)
must be w/in 12 months of provisional; must be specified in next filing for reference
35 USC 119 correct answers foreign priority:
1. foreign first, now filing in the US has same privileges as long as it's filed in the US w/in 12
months of foreign filing (1/2 originate outside the country) (102a is this prior art).
2. must have foreign app. number and filing date as required by the director (English trans. also
may be necessary)
35 USC 103 correct answers obviousness:
invention obvious before effective filing date/when it was claimed (foresight)?
must show innovation (not something simply a mechanic or technician could do after adding a
step)
graham case: look at prior art and claims and decide person of skill of art would/wouldn't know
to take pieces of the parts together in the way the inventor is claiming
secondary considerations: reality check--was it a problem in industry for awhile and this solution
hasn't been found yet? shouldn't be obvious then...
KSR: no teaching of suggestions to combine references, applicant usually wins
obvious rejection good if combination of references would be successful (need unexpected
synergy to win)
35 USC 112 correct answers 112 a: information you must include/disclose as applicant in
specifications you file for the invention (people of skill of art may be able to work with it and
use)
112 b: identify and point out what you're claiming for rights
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