Recent test takers report question #36 from the October 2003 (pm) exam is in the Patent Bar database of tested questions.
36. Which of the following is not a policy underlying the public use bar of 35 USC 102(b)?
(A) Discouraging the removal, from the public domain, of inventions that the public reasonably has come to believe are freely available.
(B) Favoring the prompt and widespread disclosure of inventions.
(C) Allowing the inventor(s) a reasonable amount of time following sales activity to determine the potential economic value of a patent.
(D) Increasing the economic value of a patent by extending the effective term of the patent up to one year.
(E) Prohibiting the inventor(s) from commercially exploiting the invention for a period greater than the statutorily prescribed time.
ANSWER: (D) is the most correct answer. Extending patent term is not a policy underlying any section of 35 U.S.C. § 102. Answers (A), (B), (C) and (E) do state policies underlying the public use bar. Lough v. Brunswick Corp., 86 F.3d 1113, 39 USPQ2d 1100 (Fed. Cir. 1996).