Sample Questions Exam | PassPatentBar

Background Information: In the U.S., an inventor has a one year grace period after public use or sale of an invention (i.e. a disclosure) to file a patent application to protect the rights to that invention. After this grace period, a patent application will be rejected by the U.S. Patent and Trademark Office. However, any time the inventor spends on experimentation to perfect an invention, even involving public use, does not count towards the one year grace period. The question is:

On March 16, 2009, Marcy had an idea to make a lip gloss that conveys multiple fruit flavors when someone is kissed. She worked diligently to perfect her idea. However, when she tried out various blends of lip gloss with her friends, they all conveyed the flavor of vegetables rather than fruits. But, Marcy continued to try different compositions. Finally, on July 23, 2010, her most recent blend had the desired fruit-flavor result. Elated, she concluded her experimentation and wore her new lip gloss at a party that evening. Later, in September, 2011, one of her friends tells Marcy that she knows a patent agent and suggests that he might be able to help Marcy get a patent for her lip gloss invention. If you were the patent agent, how would you advise Marcy?

(A) Explain to Marcy the procedures and expenses associated with filing a patent application.

(B) Advise Marcy that too much time has passed since her initial idea to obtain a patent.

(C) Offer to make a preliminary search to determine if anyone had previously received a patent for a similar flavored lip gloss invention.

(D) Advise Marcy that wearing the lip gloss at the party on July 23, 2010 was a public disclosure more than a year ago that now precludes patenting.

(E) None of the above.

Question 1 of 3

Background Information : There are two types of claims allowed in patent applications, independent claims (that can stand by themselves) and dependent claims (that depend on a previous claim). When filing a patent application, it is necessary for a patent agent to be able to correctly determine the number of independent and dependent claims in order to properly calculate the application fee. The question is:

Upon filing in the U.S. Patent and Trademark Office, an original, non provisional patent application contains the following claims: Claim 1 is independent. Claim 2 depends from Claim 1. Claim 3 depends from Claim 2. Claim 4 depends from Claim 2 or 3. Claim 5 depends from Claim 3. Claim 6 depends from Claim 2, 3 or 5. The application contains only the foregoing claims. How many dependent claims are there for fee calculation purposes?

(A) 4

(B) 5

(D) 8

(E) 10

Question 2 of 3

BACKGROUND INFORMATION: Useful material compositions are often claimed in patent applications. However, it is job of the patent examiner who works for the U.S. Patent and Trademark Office to reject any claim if the material composition has already been invented (anticipated) or would be obvious to someone working in this field. The question is:

A claim in an application recites “[a] composition containing: (a) 35-55% polypropylene; and (b) 45-65% polyethylene.” The sole prior art reference describes, as the only relevant disclosure, a composition containing 34.9% polypropylene and 65.1% polyethylene. In accordance with U.S. Patent and Trademark Office rules and procedures the primary examiner should properly:

(A) Indicate the claim allowable over the prior art because there is no teaching, motivation or suggestion to increase the amount of polypropylene from 34.9% to 35% and decrease the amount of polyethylene from 65.1% to 65%.

(B) Reject the claim as anticipated by the prior art reference.

(D) Reject the claim alternatively as anticipated or as obvious over the prior art reference.

(E) None of the above.

Question 3 of 3