Uspto - Study guides, Class notes & Summaries

USPTO Patent Bar Questions with Correct Answers.

Access correct answers The general rule is that both unpublished pending and abandoned applications are maintained in confidence by the PTO, an access and copies can be had only for certain exceptions. Normal access: Inventors, Assignee, exclusive licensee, attorney or agent of record., any person with written authorization from inventor/attorney/ assignee. Exceptions: 1) An interference file is available if the interference has been terminated or an award for priority has been made. ...

Your new client Mary Williams has come to you because she is dissatisfied with her previous agent. She has provided you with a copy of her application as filed on June 4, 2011. She is uncertain what, if anything, might have been done or received by her previous attorney. She said that her previous attorney hasn't returned her phone calls for more than a year and his assistant told her that he was on an extended trip to Tibet for religious reasons.It turns out that Mary's application filed in J...

Key words for identifying a Markush group? correct answers "consisting of" plus "AND" example: R is an element consisting of A, B, AND C. what cannot be filed via fax? correct answers anything app or provisional app that is related to a NEW application. So CPA, RCEs, amendments CAN be faxed look for answers with CPA and RCE listed because if one is true the other will likely be true. and if one is false, the other will likely be false correct answers .. you appeal a ____ you petiti...

The terms "trademark" and "service mark" are synonymous correct answers True/False Certification marks are used by their owners to indicate that goods are of a certain quality or from a certain region. correct answers False To file a trademark application, one must show actual use of a mark. correct answers False Even token use of a mark is sufficient to secure a trademark registration. correct answers False For a trademark to be valid, it must be registered with the USPTO. corre...

The fair use doctrine denies portions of patented materials to be used without permission under any circumstance. - False Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? - Software Patent Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? - Prioritizing Resources and Organization for Intellectual Property (PROIP) Act A patent is a grant of a prop...

Can you fix a restriction requirement after issuance with a reissue? correct answers 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 correct answers Access (assignees/status/etc), Secrecy Orders, Foreign Filing License, DOE/...

(A) and (D) are accepted as the correct answers. Regarding answer (A), see 35 U.S.C. § 122(b)(2)(B)(iii); 37 CFR § 1.213; MPEP § 901.03 for information on nonpublication requests. See 37 CFR § 1.137(f); MPEP § 711.03(c), under the heading "3. Abandonment for Failure to Notify the Office of a Foreign Filing After Submission of a Non-Publication Request." (D) was also accepted because the statement characterizes the status of the application as being abandoned, though the application has no...

The fair use doctrine denies portions of patented materials to be used without permission under any circumstance. - False Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? - Software Patent Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? - Prioritizing Resources and Organization for Intellectual Property (PROIP) Act A patent is a grant of a prop...

An intent-to-use applicant must file a specimen when the Statement of Use is filed. correct answers TRUE Paralegals can sign a letter to a client analyzing the results of a trademark search and recommending options for a client. correct answers FALSE Examination of a trademark application is a highly predictable stage of of the trademark application process. correct answers FALSE Any member of the public may view any documents filed in connection with anyone's trademark application. co...