Category: Patent Bar Exam

PatBar AIA QotW November 19, 2018

Ralph, a patent agent, works with several small tech companies that must rely on financing to grow their organization. In some cases a financier wants to review patent applications that have been filed in the USPTO. Ralph has some situations where getting an application on file within a few hours may be important. What should Ralph do?

(A) Since the company has filed a foreign application on the invention, Ralph may file a U.S. application including an ADS and indicating that the specification and drawings are replaced by reference to the previously filed application.
(B) Draft a specification and file it electronically.
(C) Draft a specification and file it electronically along with many black-and-white photographs of the invention.
(D) All of the above may be appropriate.
(E) None of the above is true.

 

 

ANSWER: (D).

If there is a foreign application, answer (A) would probably be the best choice.

If there are no prior applications and drawings are probably not necessary for an understanding of the invention, answer (B) would probably be the best choice.

If there are no prior applications and drawings are probably necessary, answer (C) would be the best choice. Submitting black-and-white photographs (instead of drawings) speeds up the process immensely.

See MPEP 601.01(a), subsection III and 37 CFR 1.57(a):

“(a) Subject to the conditions and requirements of this paragraph, a reference made in the English language in an application data sheet in accordance with § 1.76 upon the filing of an application under 35 U.S.C. 111(a) to a previously filed application, indicating that the specification and any drawings of the application under 35 U.S.C. 111(a) are replaced by the reference to the previously filed application, and specifying the previously filed application by application number, filing date, and the intellectual property authority or country in which the previously filed application was filed, shall constitute the specification and any drawings of the application under 35 U.S.C. 111(a) for purposes of a filing date under § 1.53(b).”

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Questions prepared by David E. Meeks, Esq. © 2017 Institute for Patent Studies, Inc. All rights reserved.

PatBar AIA QotW November 12, 2018

Ralph, a patent agent, works with several small tech companies that must rely on financing to grow their organization. In some cases a financier wants to review patent applications that have been filed in the USPTO. Ralph has some situations where getting an application on file within a few hours may be important. What should Ralph do?

(A) Since the company has filed a foreign application on the invention, Ralph may file a U.S. application including an ADS and indicating that the specification and drawings are replaced by reference to the previously filed application.
(B) Draft a specification and file it electronically.
(C) Draft a specification and file it electronically along with many black-and-white photographs of the invention.
(D) All of the above may be appropriate.
(E) None of the above is true.

 

 

ANSWER: (D).

If there is a foreign application, answer (A) would probably be the best choice.

If there are no prior applications and drawings are probably not necessary for an understanding of the invention, answer (B) would probably be the best choice.

If there are no prior applications and drawings are probably necessary, answer (C) would be the best choice. Submitting black-and-white photographs (instead of drawings) speeds up the process immensely.

See MPEP 601.01(a), subsection III and 37 CFR 1.57(a):

“(a) Subject to the conditions and requirements of this paragraph, a reference made in the English language in an application data sheet in accordance with § 1.76 upon the filing of an application under 35 U.S.C. 111(a) to a previously filed application, indicating that the specification and any drawings of the application under 35 U.S.C. 111(a) are replaced by the reference to the previously filed application, and specifying the previously filed application by application number, filing date, and the intellectual property authority or country in which the previously filed application was filed, shall constitute the specification and any drawings of the application under 35 U.S.C. 111(a) for purposes of a filing date under § 1.53(b).”

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Questions prepared by David E. Meeks, Esq. © 2017 Institute for Patent Studies, Inc. All rights reserved.

FAQ: Review Courses and Current Exam Questions

“Some Patent Bar Review courses claim to have new, actual exam questions. How is this possible?”—Darin H., Alexandria, VA 

It’s not—at least, not legally.

Shortly before the implementation of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) stopped releasing data specific to the Patent Bar Exam. In addition, people taking the Exam are now required to sign a non-disclosure agreement outlining severe penalties for anyone failing to abide by the agreement. This includes any release of Exam questions.

The same is true for any Review course. A company attempting to cull new questions directly from the Exam faces penalties that may include severe financial loss or the permanent closure of their businesses. At least one such course has offered no updates in more than two years.

More likely, these companies are being, well, less than forthcoming about what constitutes “actual exam questions”.

Only PatBar® offers its students new questions written by Program Director David Meeks and based on his 25-plus years of experience in training his students to pass the Patent Bar Exam. PatBar® gives you an exclusive, insider’s view of the questions you will see on Exam day, along with David’s tested lookup strategies to help you find—and find quickly—the answers to any questions you don’t recognize.

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FAQ: why not “pass-or-don’t-pay”?

“I’m considering enrolling in your course, but your guarantee doesn’t include a ‘pass-or-don’t-pay’ option. Why not?” —R. B., San Francisco, CA

We don’t offer “pass-or-don’t-pay” because it’s a beautiful, glittering basket full of nothing.

In order to qualify for the “pass-or-don’t-pay” guarantee offered by some courses, you would be required to take the exam, and fail. Taking the exam will cost you $405 ($40 non-refundable registration fee, $200 exam fee [that is refunded only if you don’t qualify to take the exam], and the $165 fee paid to the testing center).

In other words, you would be forced to spend an additional $405 to get back the money you paid for their course.

PatBar® features the most robust guarantee available:

  • If the Patent Office determines that you don’t qualify during your 9-month subscription, you get a full refund.
  • If you take the exam and don’t pass, you can use the course for another 9 months until you do pass.
  • You can get a full refund for any reason within 30 days.

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