IP Chapter 18 Quiz

True/False
Indicate whether the statement is true or false.

Before a patent application is filed, under federal law, a search must be conducted.

Patent searching is usually complex and typically requires the assistance of an expert searcher or professional.

Patent applications are maintained in strict confidence until the day that they issue.

To represent patent applicants before the USPTO, an attorney must pass a patent bar exam.

A provisional patent application is less formal than a full utility patent application.

A utility patent application must include at least one claim.

Nearly all patent applications include drawings of the invention.

A patent application may be made by either an individual or a company.

For small businesses and individual inventors, most patent fees are reduced by 25 percent.

The USPTO performs only a cursory examination of patent applications.

Once a patent application is filed, an inventor may begin using the term “patented” on the invention.

To maintain any patent in force, maintenance fees are due throughout the term of the patent.

Paralegals may be registered patent agents.

Why are searches commonly performed before patent applications are filed?

The process of preparing, filing, and shepherding a patent application through the USPTO is called ___________.

What is the difference between a provisional patent application and a full utility patent application?

Ron filed a utility patent application with several claims. The USPTO has rejected some claims in the application, and Ron wishes to proceed with the allowed claims and pursue the rejected claims in a separate application called a ________________.

One type of continuing application is the _________________, which includes some matters in common with its original or parent application but also adds new matter not disclosed in the earlier parent, usually because an improvement to the invention was developed after the parent application was filed.

If the USPTO determines that an application covers more than one invention, the USPTO will create a _____________ to cover the additional invention.

The part of a patent application that describes the invention and the manner and process of making and using it is called the _______________.

Separate paragraphs that distinctly claim the subject matter that the applicant regards as the invention are called _________.

Why must a patent application describe how the invention is made such that others may be able to make or use it?

What is the difference between an independent claim and a dependent claim?

Bill is an employee of Microsoft Corp. While on the job (and pursuant to Microsoft’s contract with him), Bill invents a new type of computer mouse. The parties have agreed that any inventions made by Bill are owned by Microsoft. Who will sign the patent application for the new invention? Why? How might the other party obtain rights in the patent application?

How would a patent applicant or his attorney check the status of a newly filed patent application? How would a member of the public check the status of a pending application? Discuss.

How does the USPTO encourage small businesses, individual inventors, and universities in securing patent rights?

Patent applicants must fully disclose to the USPTO any information that is relevant to their claimed inventions. This is known as the ___________.

To comply with their duty to inform the USPTO of all matters that relate to the patentability of their inventions, patent applicants must file a(n) __________________ with the USPTO listing and identifying material information.

The name of the manual that USPTO examiners heavily rely upon in examining patent applications is __________________.

If the USPTO objects to any part of a patent application it will issue a(n) ___________ setting forth its objections.

Helen is filing an application for an invention that will assist in conserving energy. How can Helen ensure that the application is handled more expeditiously than other patent applications?

What advantage is there to a patent applicant who searches and submits relevant prior art to the USPTO (rather than waiting for the examiner to do so), limits claims to three independent claims, and complies with other requirements?

A divisional application created to cover a separate invention retains the filing date of its ________ application.

Why does the USPTO prohibit double patenting, and what might an applicant do if his or her application is rejected on this basis?

Olivia, a member of the public, is opposed to a patent application filed by Matt. She believes that the granting of a patent to Matt would be improper. Olivia may file a __________ with the USPTO with information showing such.

During the course of examining James’s patent application, the examiner discovers that another party’s pending application conflicts with James’s. What will the examiner do?

If the USPTO determines that an applicant is entitled to a patent, it will send a __________ to the applicant, specifying the sum to be paid to have the patent issued.

When might a member of the public first find out about a pending patent application? How does this differ from prior USPTO practice?

If an inventor claims both a new type of pen and a new type of bread warmer in one patent application, the examiner will issue a ________________, requiring the applicant to limit the application to one invention.

What is the purpose of publication of patents in the Official Gazette? How does this differ from publication of trademark applications in the Official Gazette?

Hillary noticed that her patent certificate misspelled her name. What should she do?

If a law firm files a significant number of patent applications each year, what should it do to ensure it doesn’t have to continually send checks or money orders to the USPTO to cover various filing fees?

After her patent issued, Claire discovered that she could have claimed more than she did in her patent application. What should she do to enlarge her claims? When should Claire do this?

Phil is concerned that Ken is going to obtain a patent for Phil’s invention, although Phil is not that interested in going to the time and trouble to obtain a patent himself and desires to place the invention in the public domain. What may Phil do to ensure that Ken cannot obtain a patent for the invention?

Sue has been accused of infringing Hal’s patent. Sue believes that Hal’s patent never should have been granted in the first place because (based on the prior art) it was obvious. What should Sue do in order to secure a determination of the patentability of Hal’s invention (without resorting to litigation)?

Lance filed his utility patent application on June 1, 2005. The patent was granted on July 1, 2007. When will the patent expire?

When are maintenance fees due to maintain a utility patent in force?