Patent Bar Review AIA Exam Question of the Week

Which of the following is true?

(A) The Office may not consider a patent owner claim scope statement when deciding whether to order or institute an administrative trial proceeding such as an IPR.
(B) A third party filing a statement can request in writing to maintain his/her identity in confidence, and it will be excluded from the patent file.
(C) Any person may file a statement of the patent owner in a proceeding before a Federal court or the USPTO in which the patent owner took a position on the scope of any claim of the patent.
(D) A patent owner statement submitter may state in the filing how any claim is patentable over any submitted patent owner claim scope statement.
(E) All of the above are true.

ANSWER: (D). See MPEP 2202 and 37 CFR 1.501

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Questions prepared by David E. Meeks, Esq., Institute for Patent Studies, Inc. All rights reserved.