Prometric Patent Bar
Please post any comments, questions or concerns related to taking the Patent Bar exam at the Prometric testing center below.
Beginning on July 26, 2004, the Patent Bar Exam moved to a computer-based format. The Patent Office has offers yearly written administration of the examination in Washington, DC, normally during the month of July. Written, paper exams will be administered only once per year, the test will be conducted at the Patent Office and the cost for such examination is higher than the cost to sit for the computerized examination.
The computerized Patent Bar Exam (administered by Prometric) is available to take at any point throughout the year. The exam consists of a morning and an afternoon session. Each session lasts 3 hours and is composed of 50 multiple choice questions. There is a 1 hour lunch break between the morning and afternoon session.
Although you will have 100 questions to answer, only 90 of the questions will be scored. You will need to answer 63 questions or more correct in order to pass (70% of the 90 questions).
Outside materials are not allowed. The testing facility provides an online, searchable version of the MPEP. Starting October 19, 2006, the exam is based on the 8th Edition, Revision 4. The facility also supplies paper and a pencil – all papers will be collected before you may leave the examination.
Once you have submitted your admission form and have been accepted to take the Patent Bar Exam, you are given a 90-day window. You must schedule and take your exam with the testing center during this window period. Weekend test dates fill up quickly, so you should schedule a test date as soon as you receive your confirmation if there is a specific day that you want to take the test. Also, you can change your scheduled test date without penalty subject to availability at the testing center and keeping in mind that the new date must fall within the original 90-day window.
The cost of the exam is expected to be as follows; a nonrefundable application fee of $40, a registration examination fee of $200, and a service fee of $150 to the administration facility.
After taking the exam, you should learn of your results immediately. You will then be mailed an official score report that will let you know whether you passed or failed.
A note on searching with the MPEP while taking the Prometric exam: my suggestion is to not enlarge the MPEP to the full screen size. This way you can move that window around in order to view the answer choices while you search.
what version of adobe acrobat is used?
While not exactly the same, Adobe Reader 5.0 most closely mimics the search functions, etc. on the exam.
Of course, know the 2002 and 2003 exams inside out. You will also want to have a good understanding of the MPEP and the content in each section. It seems as though some of the new questions on the Prometric Patent Bar Exam are extremely specific (in other words, you will have to look thme up). While you can search the whole MPEP, searching by section will cause fewer headaches.
I agree – Recently, there is a huge shift in emphasis to more detailed questions and questions related to the Patent Cooperation Treaty, Appeals, etc. The online MPEP you get during the exam is about 3000 pages long so there is no way to memorize it. You just need to know the major sections and where to look things up. A strong understanding of title 35 of the USC is critical, and so is a knowledge of the list of “rules” which is quite manageable. The MPEP itself is a beast and is impossible to memorize.
Can anyone explain the search capabilities of the MPEP document. Can you use the “search” functionality (which returns a list of all results), or are you limited to the single search field that just progresses through the document and stops at each match? Taking the exam in two weeks, and wanted to know if I needed to change my testing strategy. Thanks.
Matt – I think your results are returned one at a time and you have to scroll through all of the highlighted text. The functionality most closely resembles Adobe Reader v 5.0.
To my undersatnding, there are 10 (ten) questions (beta questions) among the 100 test questions and these 10 questions are NOT graded. If the tester answered correctly these 10 questions, he/she will not get the credit ( not counted) because they are not graded. (no credit) In oder to pass, does the tester need to answer additional 63 questions correctly. It means that the tester needs 73 correct answers( 10 plus 63) in order to pass????
Don’t worry about the functionality of the electronic MPEP provided on the exam. A well-trained chimp could operate it successfully. You are even given a tutorial before beginning the exam to familiarize you with the functions of the exam and the MPEP.
does anyone know about availability of an MPEP boolean search query during the exam?
All,
quick tip that can save hours of frustration. once the exam begins, on you scratch paper, write out all 27 chapters. takes about 2 minutes to do but warms you up / gets you focused on the exam. that way when you read a question, you can mentally pick up keywords from the chapter listing you just made.
Best of luck
Neil
It will be a good idea to make grids for the questions from 1-50 before answering the questions.
The posting quoting the CFR on user passes jogged something that I meant to post. During the first portion of the exam, I tended to search the index and the MPEP text by key word. During the second portion of the exam, it was more efficient to search the CFR appendix (or USC as appropriate for the question) by quoted rule/statute number to determine the best answer. Also noted that in some sections, keywords that were in the section would not appear during a “find” in that section. I distinctly remember not finding a phrase using the find feature and later running across the word while scanning through a section on a subsequent question. Went back and changed the answer on the previous question due to the “new”information, that was almost directly quoted in a answer choice. Find feature also seemed “finicky” about how the search phrase was entered into the find box and subtle typing changes yielded “hits” where none appeared before. Probably a good idea to practice with the Reader 5.0 to gain better search term success.
Is it true that only 90 Qs are graded? This seems inconsistent with the statement at the beginning of each test (that you have to get 70 right out of 100) and the Model Answers posted by USPTO which says that “credit given for all answers” in cases of “beta” Qs. I’ve seen so many inconsistent postings re. this issue I’d appreciate it if someone can clear this up once and for all. TIA!
[...] Prometric Patent Bar [...]
I posted the same on Intelproplaw.com
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Hi folks,
I can proudly report that I passed the exam yesterday here in Lowell at Prometric.
All went well with the equipment and software but we had a power fail for 1 min in the afternoon, at Q 49 or so, my nerve system was about to leave my body…
Thanks to all for their contributions and comments on this forum site which helped me in my studying a lot.
Here is my feedback from yesterday’s test:
– A truckload of repeats but many of them were altered or modified. I recommend to “learn by heart” all the posted repeat questions because you will be able right away to answer the question and it gives you an additional 3 minutes of time for other, more tricky questions to look up the MPEP with the finder.
Do them over and over and over and also check the explanations provided in the answers.
– Watch out for the modifications of the repeat questions, some of them are tricky and difficult to recognize the slight change(s) in the wording. It seems to me as if the USPTO looks up these postings and modifies them all, sooner or later.
I have had also the Q’s (sometimes other names but same facts) on:
Mirror, perpendicular mounting,
PCT, missing Abstract
PCT, deleting benefit claim
PCT, the Costa Rica Question
PCT, the Swedish guys question
PCT, the German guy question
PCT, Canadian guys files in the US
Lip Closs, similar to Einstein,Weissman, but watch out for the wording , but it still ex parte
Spanish Phone
PCT , 20 yrs term from what date (watch out, two separate questions, separate facts, one first filed in Germany, one in the US)
PCT , is the English translation needed or not
Obviousness Q’s which I did not recognize from previous repeat questions.
Terminal Disclaimers , who can sign
40% one assignee, 40% second assignee, 20% remained with inventors, who can sign what
4 Inventors filed a patent, one inventor refuses to cooperate, what’s next
New use of an “old” chemical
Titanium Baseball (I checked the 4th of July answer)
VELCRO
In addition to several PCT Q’s, I have had a truckload of Q’s from 1200 and 1400, you really need to know Appeal, Reissue, and Reexamination. As mentioned above, knowing the repeats, you will have extra time to look up the answers. The PDF finder – assuming you have entered a key word, avoid long phrases – will get you directly to the MPEP section because most of the wording in the question is a CC of the wording in MPEP.
Regards and good luck, send an email to rdsconslt at AOL, in case you need to know more – as long as my memory is still fresh…
RDS
I took the exam for the first time on August 25th, 2008. I came close (65%) but did not pass. Part of the reason was because I had been practicing with a newer version of Adobe Reader, and on the day it was a struggle to find anything. Also, the resolution of the Mpep was so bad I had to zoom in more than 100% to read anything, and so I had to scroll from left to right. I STRONGLY agree with what others have said, practice searching on the version of Adobe that prometric offers (Adobe reader 5.0). They really should update it, its ridiculous…
Regarding the Prometric facilities, what is the test environment like? Is it crowded? Noisy? Distracting? I’m wondering whether putting together the request to be in a separate room would be worth the time. Any thoughts on the testing atmosphere would be greatly appreciated.
Hi Everyone,
I just took the pat bar and passed a couple of days ago. I want to thank people on this board and thank the blog owner! I found the blog a couple of weeks ago. Both the outline and the question analysis sections are is very helpful!
It looks like my question pool is quite similar to RDS’s (see above)
I have had also the Q’s (sometimes other names but same facts) on:
Mirror, perpendicular mounting,
PCT, missing Abstract
PCT, deleting benefit claim
PCT, the Costa Rica Question
PCT, the Swedish guys question
PCT, the German guy question
PCT amending abstract
Spanish Phone
PCT , is the English translation needed or not
Obviousness – the reasonable expectation standard
Terminal Disclaimers , who can sign
40% one assignee, 40% second assignee, 20% remained with inventors, who can sign what
4 Inventors filed a patent, one inventor refuses to cooperate, what’s next
New use of an “old” chemical
Titanium Baseball
VELCRO
priority of design app.
102(e) dates for app. before and after 11/29/2000, originated in US and outside. (I think 706.02(f)(1)? has a pretty good analysis on this; I found it during the exam and it was helpful)
Japan 45 days
maintenance fee, check returned
There were a lot of PCT Q’s, and a fair a number of Appeal, Reissue, and Reexamination.
There were also a few RCE related questions, but I cannot recall the details.
My advice is also to study the old exams. I took most of the exams between 2000-2003.
Knowing something about the possibility of these “new” questions was helpful, but I have to say that I don’t remember any of the “answers” during the exam. The “knowledge” was re-assuring, but if you study the old exams well, you will know where to look for the answers.
The exam facility is really quite. You can’t even take your watch or chewing gum in there.
It is definitely doable if you put in the time – I spent about 100 hours (mostly just taking the old exams and then checking/studying the concepts I missed; I have been working in the field so I sort of have a head start).
Best of luck to everyone who is studying to take the exam!
Anna
Hi All,
Just wanted to give you my update based on the exam which I just took… and not passed.
In my opinion the reason I did not pass the exam was due to not mastering the 1200, 1400, 1800, and 700/2100 chapters. Even thou I put about 5.5 months into studying, as a beginer was very hard to find the right direction…
It tood me about 3 months for a general review of the MPEP – through a self-based paid online course (only $495 but I do not recommend to anyone); followed by a more defined review of the material for another 2 months; followed by a month of exams. Which I don’t think was enough…
By the end of the studying, I took a week of from work considering that would be enough to master the material, and as of a day before the exam, I knew I don’t have what it takes to pass the exam.
So, here are my 2 cents in what it takes to pass the exam:
- the exam included 85% of old questions including variations
- new questions were very easy to find, or distand variations of the old questions…
To be able to pass, as everyone else stated in this blog, below are required:
- read information about all the chapters to understand the general view
- read and master the hot topics the people add to the blog
- make sure you master: 1200, 1400, 1800, and 700/2100
- take all the previous exams, and retake them till you pass all of them with 100%
- then you are ready for the exam…
Thanks,
Dan
Hi Dan,
I don’t know how to reconcile two seemingly inconsistent bits of advice. On the one hand, you and others did not find the $495 program (OmniPrep?) helpful. On the other hand, everyone strongly recommends past exams. Doesn’t the $495 program offer 90% of the current exam. If past exams are helpful, the current exam would seem to be even more so.
Thanks, Art Williams
The new exam is not tested on omni prep
I took and passed the test about a week ago, and will post various comments under those sections to which I believe they likely relate.
As to the Prometric facility and testing procedure, I believe there is a few things I would have liked to have known ahead of time:
- My test was scheduled for 9am, and I showed up at about 8:30, they put me in the big room and started the test, after the tutorial was over, the test instantly started at maybe 8:45. It did not start at exactly 9am, as I had assumed. As a result, other people arriving for (presumably) 9am tests were shuffled in by the employees during the first 20 minutes of my test, which was very disruptive. If given the choice again, I would have killed time until the last moment possible so that I would be one of the last in the room.
- You literally can’t bring anything in with you. I had to even remove my wristwatch, which I thought was a bit ridiculous. I’m pretty sure I’m not capable of using a analog watch to cheat. I was also not permitted to bring any Kleenex, which I assumed was a courtesy to other test-takers, rather than sniffling from a cold the entire time.
- You also cannot bring any pens/pencils into the room, and instead you are limited to the 2 pencils they give you. You are not permitted more than 2. If one gets dull, you must swap it for a new one. I specifically asked to have more than 2 and they refused.
- You are given 4 bound pages of scratch paper. If you use it all, you must trade in the entire booklet and get a new one. I made a 102 chart as well as a grid of all my answers, and obviously did not want to give that up. I ended up using one booklet in the morning and one in the afternoon. It was more surprising than anything, and wish I had practiced with that scenario. Also, I was told I was not permitted to tear any sheets out — though I’m not sure what the result of doing so really would have been.
I have a general question about Prometric PC based test. It might be stupid, but can anybody tell me whether the title of each charpter is shown on the test? For example, the chapter is shown as “700 Examination ofApplications” or just “700″? Thank you very much.
I was worried about the same thing when I took the test. You CAN see the titles of the chapters in the test software. However, you can only open 1 at a time. Additionally, it’s a little tricky to see both the MPEP and the questions at the same time. You can do so by shrinking the MPEP window with your mouse and then moving it to the side/top/bottom.
Matt B’s info on the Prometric test process was super helpful!
Some additional notes on test center procedure and what it’s like to take the exam:
- I was told you cannot take on/off your jacket/sweater once you get inside the test room, but apparently you can if you step outside the room and leave your jacket outside the room (but that would waste time).
- My testing room was actually surprisingly somewhat warm – I didn’t mind the warmth, but you might want to ask what the temp of the room is at check in and figure out what you want to wear inside.
- You get one 15 minute optional tutorial when you start the AM session that starts the clock for your entire test- You can finish the tutorial by clicking out early, but you can also use the time to make up a numbered answer sheet on your scratch paper booklet. Note: you don’t get a tutorial before the PM session and you keep the same scratch paper, so you’d have to make room for all 100 questions.
- The optional 1 hour lunch break is strictly timed by your test computer! The 1 hour timer starts immediately and automatically after you finish the AM section! So, you have to make sure you get back to your computer on time!
- You can use the test center earmuff things or they can give you disposable earplugs (which I used). Since people will be walking in and out of the test room (they have different tests scheduled to start at different times), you might want to use earplugs! btw I could “feel” the people walking behind me during my exam, since the floor was somehow not that sturdy, but at least I had earplugs!
- They have small lockers with key locks that you can use to keep some of your belongings in, which was great, because you can’t bring anything in, not even tissue.
Hope this helps someone!
These are my notes RE the exam software and timing experience. Thanks for the great website. Sorry if my notes are redundant of your note above…
The exam is administered on a PC and the testing software has two notable features: the first is a searchable MPEP and the second is the timer. This section of my write-up will cover both of these features and how to use them to your advantage.
• MPEP: The MPEP is given to you in its entirety on the examination, but a few handicaps make this fact less useful than it could be.
• First, the chapters and appendices are all broken down into separate PDF files. Thus, to search for a term you must be able to navigate to the proper PDF file quickly. You should generally know the MPEP chapter names and general contents therein. If you get tripped up on the exam, you can check the table of contents, but skipping this step is worth a few minutes over the whole exam.
• Don’t get too dependant on the MPEP. If you are looking up every question you will more than likely run out of time and fail. Be sure to work practice exams under real time constraints. Some people prefer to leave all look-up questions for the end of the exam, others want to look them up as they go. You need to know your best approach before your test day.
• When you do use the MPEP on the exam, be smart about it. Know what materials are in the big chapters (700 & 2100) and look there first if the question falls under these chapters. My fallback resources in the MPEP are “Appendix R — Patent Rules” and the Index. Between these four resources I was able to knockout 6/10 of the questions I needed to lookup. Chapter 1800 (PCT) was a surprisingly important chapter also.
• Probably three times during my exam the answer was “(e) All of the above” , where the components (a)-(d) were exactly from a list of alternatives in the MPEP. It was as though the PTO copied and pasted the MPEP directly into the exam. A smart MPEP search made these questions a snap to answer.
• What is a smart MPEP search? Generally, it is knowing the tricks of a good PDF search. My approach is to search for the unique words or combinations of words found in the call of the question. For example, search the entire term “correspondence delivered by hand” rather than “correspondence” or “hand”. Using quotes on a multiple words combination confuses the most current Adobe Acrobat Reader on Windows, but I cannot recall their effect on the ancient version of Reader used during the exam. A little trial and error will help you know how to find answers quickly on exam day.
• The Exam Timer: The time allotments are broken down as follows: (1) 15 minutes** to read the instructions, (2) 3 hours for the morning portion of the exam, (3) 1 hour lunch break, (4) 3 hours for the afternoon portion of the exam, (5) exam center survey, and (6) exam results.
• ** the “15 minutes to read the instructions” may have been 10 minutes.
• During the introduction time I followed the advice of previous test takers to make an answer sheet (example included); I also wrote out all of the mnemonics and tables I had invented to use as a reference during the examination period. Use this time wisely because you won’t get another introduction period after lunch.
• The 1 hour lunch break does not appear to have any extensions, so don’t be late coming back into the exam room! I sat down at 59 minutes 45 seconds and had to get right back to work.
• During the lunch break I read the answers and explanations of old exam questions. This may sound like a panicked thing to do, but it really did help. Several answers that I read in old exams during lunch came up in the afternoon session, so it paid off. You may elect to clear your mind and relax.
• After the afternoon session had ended my heart was pumping pretty good. I expected to see my score report as the final second of my afternoon session elapsed. I was disappointed to find an exam center survey between me and the results. This took about ten minutes to complete and I hated ever second! Yes, everyone was courteous… just give me my score!
• Eventually, you will be given your “Preliminary Test Results”. If you passed, it will say so, if you fail, it will indicate your actual score. The results are “preliminary” because there is a possibility that some question will be thrown out and thereby your pass/fail designation will change as well.
• Those with a preliminary pass should take heart. Upon obtaining a preliminary pass, a colleague of mine called John White (the primary teacher of PLI’s Patent Bar Review), who reported that he has never heard of someone getting a preliminary pass which was later changed to a fail. White was not asked whether any preliminary “fail” has been flipped.
Thanks to all those who took the effort for the postings above. I am planning to take the test in next few weeks. Someone mentinoed about preparing an “answer sheet” during the 1st 15 min intro part, does anyone have a sample?
Vinayak,
Simple make two tables 1-50 and 51-100. Number 1-50 vertically and across the top label a,b,c,d,e.
A B C D E
1.
2. x x x
While going thru questions, make an x on the answer that u are sure is wrong. it will help in process of elimination
I am also taking it in the next few weeks. May I ask your study strategy? What have u done to prepare so far?
Sam
one can be found at http://freepatentbar.com/products.html#
its under cheat sheet.
My study strategy is based on PLI material & advise. Currently I am doing the previous exams & practice exams. I am also:
1 – Reading MPEP 700 & planning to read 2100, 1800, time permissting read 1200 & 1400
1- Signed on to websites like mypatentbar & IP law server for more info from folks who have passed the exams. I am Any other suggestions?
The copy/version of the MPEP (E8R7) presently available on the PTO web site includes a “Table of Contents” file that enumerates the names and numbers of the MPEP chapters. Clicking on a chapter in the “bookmarks” pane of the TOC file transfers to that chapter. The bookmarks pane for each chapter enumerates that chapter’s section headings. Clicking on a section in the bookmarks pane transfers to that section.
Is any of this available in the Prometric environment?
Thanks, Art Williams
Hello Everyone,
First, thank you! To all of you who contributed to this – you are true Americans. This site is full of accurate details and pertinent, friendly advise- all of it helped me pass last week.
I was especially grateful for Advise on the exam center conditions – they do not allow watch, cannot remove jacket, and cannot keep first booklet if you request second. Also, I had to step outside the building to eat outside – no food on premises allowed! Need extra time for that.
Questions were like those by RDS and Anna above. I shall go to the relevant sections to post what I remember. It struck me that variations were more common in my exam. Especially, if it has been recommended to choose an answer on this panel (eg., ‘forward to IB), in the PCT Costa Rica case it was the correct choice but in the Swedish (?) case it was disguised within an incorrect choice – In my opinion, the correct choice was the choice that included the phrase ‘(USA) not competent site’.
Just wrote the exam and got a preliminary pass. Does the “preliminary pass” I passed the bar or the USPTO now goes and take off marks for answers to their dummy Qs.
I am preparing using the PLI material & planning to take it in next few weeks. Need some info om testing at prometric:
1. Does it have a timer for each question & a total timer?
2. Does it have ability to bookmark & tag unanswered questions?
3. What version of acrobat is used?
4. Has anyone tested at the prometric in San Jose, CA?
Hi Vinayak,
I am starting to prepare for the BAr Exam. How did u get the PLI materials? Any tips on how to prepare for studying? I am considering buying a review course.. however am not able to decide which one to buy because of the high costs. can u give some advice on this? thanks for your time..
Ashwini,
I bought the PLI homestudy course. You may find it on sale at Ebay, craig’s list or check out this site:
http://www.intelproplaw.com/ip_forum/index.php/board,16.0.html
Regarding tips, this site has very good tips. I would suggest you go thro’ PLI material once, answer all the quiz/test/homework & prime questions before looking at the previous exams. Also, dont forget to look at the repeat questions as mentioned above by few people.
Last bu not least, get used to the electronic version of MPEP as quickly as you can since u use it on actual test.
A question from 2003 exam:
John filed a non-prov. pat. appl. in PTO claiming 2 distinct inventions, a combination & a subcombination. At the time of filing he recorded an assignment with all right of inventions to ABC corp. In the 1st OA the examiner required restriction & John elected combination. A year later during the pendency of appl. John filed a divisional claiming the subcombination. At the time of filing divisional John assigned all rights & interests of claimed inventions in divisional to XYZ corp. & the later party recorded the assigment within 3 months of assignment. Which of the following is false?
(A & B are wrong, for sure.)
C) ABC corp has no ownership rights in subcombo
D) XYZ corp has no ownership rights in combo
E) XYZ corp has no ownership rights in subcombo
Answer as per patware is (C). I think XYZ corp should have rights in subcombo.
ABC’s ownership was assigned and recorded properly before XYZ had ownership rights assigned. And in a divisional, the ownership rights recorded with the parent application carry over.
If it would have been a CIP I think you might be right though.
I am confused. I think (D) and (E) should be correct as ABCs ownership to the material includes the combination and subcombination, according to MPEP 306. Can someone clarify?
Thanks all who had posted the helpful information. Are patent bar test for recent years are available some where? I am about to take a test in July, coming soon and a little nervous still.
Some of you posted the test question related to:
PCT, the Costa Rica Question
Spanish Phone
VELCRO
Japan 45 days
I do not recall I have saw questions in my old test suite, so wondering where to fine them?
Vinayak-
The assignment to ABC corp. was made before election of the combination. It seems that ABC has ownership of the combination and the subcombination in the divisional application: MPEP 306: “In the case of a division application, a prior assignment recorded against the original application is applied to the division application because the assignment recorded against the original application gives the assignee rights to the subject matter common to both applications.” It seems as though the invention is no longer John’s to assign to XYZ, but rather ABC’s.
I appreciate the website! It helped me pass the exam on the 2nd attempt yesterday. My first exam i April was a real ‘hardball exam’ — very few repeat questions, 60% of the test on the detailed workings of appeal, reissue, reexam, PCT, and 102(e). Having had the PRG video course during the prior year, this didn’t appear to me to be the ‘typical’ exam as the PRG suggested. I did learn from it, however. Went on to study all old exam questions 2000-2003 while cross-referenceing the answers with the MPEP, and every question on this web site people had seen (also cross-referencing with the MPEP). The 2nd exam was a more typical experience as suggested by others on this site (more repeat questions-Tribell, Mario Lepieux, Bloc, Moondust, et cetera). If you get the ‘hardball’ exam, just try your best. If you pass great, if you don’t, then don’t get discouraged…take the test again, ensuring you study throughly and you will likely get a test more typical of the experience of those on this website.
Ptt,
Can you advise some new/unusual questions you remember? I’d truly appreciate it. Thank you
DJ,
Here is what I remember. Best of luck!
1. Fact Scenario asks relevence of 37 CFR 1.105. Search 1.105 in MPEP, and select the answer that is FALSE (…all of the following EXCEPT… type of question). Recommendation: Have an understanding of 37 CFR 1.105 before you go into the exam, so you don’t burn time reading it during the exam to make sense out of it.
NOTE: Overall, my 2nd exam in July had about a dozen questions similar to 1) in that the fact scenario was 1-2 sentences with question dealing with a section of the MPEP actually provided by the USPTO test writers in the fact scenario of the question. I selected an initial answer, then looked it up to be sure I didn’t pick an incorrect ‘trap’ answer. I actually had to change my answer to a more correct answer on about 5 of these questions. The LESSON: If the USPTO provides the MPEP section, take the time to look it up. If you don’t, there is an even odds chance your going to PAY for it in a selection of an incorrect answer option.
2. 102(e) regarding PCT. The exam in April and my July Exam this week BOTH had two questions on PCT situations concerning 102(e). Review all the 7-8 scenarios in the MPEP at 706.02(f) BEFORE you take the Exam so when you take the exam you can dial right in to match the fact scenario with the correct situation. Other people I know who have also recently taken and passed the test have indicated they had 1-2 PCT 102(e) questions on their exams. You don’t want to miss these, because you know they are NOT Beta questions.
3. A question on what is considered a formal drawing. The fact scenario was a short, single sentence (..all of the following except) and each answer option was a short, single sentence. I was surprised that it stumped me for a bit…just the way the answer options were stated. Ans. I chose that color photos are not considered formal drawings. Incorrect (Trap) answer: formal drawings require submission with the application.
4. 102(b) question (…all of the following except): Ans. Examiner cannot make a CUMULATIVE rejection. I read this in a paragraph in MPEP 700, during my study leading upto the exam, so this is what I chose after review of the question. This is the type of question you were not likely to find exact wording of the answer options quickly in the MPEP, so you just had to know this ahead of time. Other answers were a) Examiner can make one 102(b) reference rejection, b) Examiner can use two 102(b) references to make the rejection.
5. Question regarding identification of the situation where the Examiner does not need to provide an explanation as to why he/she allowed the claimed subject matter. This question was in Roman Numeral format with I, II, III, IV scnearios. Ans. Examiner made specific rejections and the Applicant made amendments to the claims to overcome each specific rejection such that it was clearly evidient why the claimed subject matter was allowed. Incorrect (trap) answers: The other three roman numerals were sitations that the Examiner had to make expressily clear why the allance was made because it was not exactly clear from the prosecution why the allowance was made due to minor differences between the claims and the prior art.
6. Piecemeal Examination (which is TRUE?) — go to MPEP 700. Type in ‘piecemail’ and hit find. Ensure the scenarios given in the MPEP are listed that way in the answer option. Ans. (E) all the above. (A)-(D) in MPEP 707.07(g) where the answer options in the question. See Q48 on this website for further discussion.
7. PCT Question: Int’l application sent to the US RO and US RO does the Int’l Search. After the Int’l search is complete the time period is now between Stage I and Stage II and where should the correspondance be sent? Ans. Applicant can make changes to the claims and sent it to the IB. Incorrect: (A) Send changes to claims to US RO, (B) send changes of claims and spec to US RO, (C) send changes of claims and drawings to the IB….you get the idea.
8. Accelerated Examination regarding a new type of dirt used to excelerate growth for plants…what is required for submission for an invention that desires Accelerated Examination EXCEPT…Roman numerals I, II, III, IV. Ans. Select MPEP 700. Type in ‘accelerated examination’ and hit find. Check what the MPEP says versus what is found in the answers and pick out the ones that don’t apply.
9. Interview Question: When is it appropriate? This was another question where I thought I selected a reasonably correct answer. When I looked up in the MPEP I was surprised i had the wrong answer, and had to change it. Ans. An internet interview can be conducted if previously arranged by written authorization with the Examiner by the Applicant ahead of time. The email serves as a summary of the interview (put a paper copy in the file). MPEP 713.01(I). LESSON: Take the time to look it up to ensure you really sure you really selected the most correct answer.
10. See Q22 PCT, Germany. I have included further comments on this question regarding John the practitioner who is in Germany regarding the correct way to get a declaration and a reply to the USPTO on time given that it is the waning hours of the last day of the 6 month statutory period.
11. Appeal. 10.03.38a.
12. Claim counting; 4.00.13p. Ans. 8
13. 102(d) question, but not the same format as former exam question 4.00.29p. I believe this varient required the test taker to select the TRUE answer option.
14. Clearly know the differences between 37 CFR 1.99 submission and protest (no remarks, 2 mo. after publication; protest requires furnishing remarks on pertinent sections BEFORE publication). Both exams had at 2-3 questions on these topics.
15. A question regarding showing proof to the USPTO when an application was mailed using the U.S. Express mail and the USPTO never recieves it (Which answer is true? kind of question). Look up in MPEP 500. Make sure you know what the USPTO excepts as proof. Some things they will accept a copy of the article, some others they will not and the call of the question is see if the test taker knows what is acceptable proof.
16. When to properly use 1.131 declaration. Varient of old exam questions on this topic.
17. Know that unrecorded assignee can sign small entity status declaration (MPEP 400).
18. Appeal. Know what happens when Board reaffirms rejection on some claims, reverses the decision on other claims and issues a new ground of rejection. MPEP 1213.02.
19. Restriction question. Answer options provided scenarios of combination/subcombination and the species thereof on an invention and the test taker had to pick out the answer where the Examiner’s restriction requirement was proper. MPEP 800.
20. Mark Twine Broadening Reissue Question; 4.03.14p.
OVERALL:
1. I only recall two claims question on EACH exam (April and July). The ‘Smith Laminate’ question showed up on each exam (or one its varients — (04.00.17a) and a different question dealing with 35 USC 112, Parg. 6…regarding structural equivalants…quantity of claims questions much lower than the old exams.
2. 3-4 questions regarding dead inventors on the April Exam….0 questions on dead inventors on July Exam.
3. April Exam (‘hardball exam’) had many questions where I had to scroll the to the next section of the computer screen. July Exam every question fit only on the one screen (many short 1-2 sentence fact scenarios, short single sentence answer option…many “according to the MPEP except”…).
4. April Exam — No easy ‘gimme’ questions such as the Markush Claim question 4.00.45a. The April Exam required you to WORK for, and EARN the correct answer on every question. July Exam – had 2-3 gimme’ questions that included Markush Claim question 4.00.45a.
5. Take the time to get comfortable with what’s in the MPEP. In my case it’s taken me 1.5 years since I started reading it to begin to really feel like I know my way around instead of being afraid of even attempting to venture in there…there’s 200 years of law in there that is a bit overwhelming to the newcomer. The MPEP is not learned when treated as a ‘weekend warrior project’. Additionally, I have been very fortunate to also be working in the field over the last 1.5 years that has helped my understanding. With the on-line MPEP and the PROMETRICS testing format gives the USPTO the opportunity to justify asking tougher, more detailed questions as I experienced on the April exam. Knowing the overall contents of the MPEP well and how to quickly search with what you know meant more correct questions for me in both the exams I took. By the July exam, I knew the MPEP even better because I cross-referenced everything I studied since April with the online version of the MPEP which gives you every day practice, which translates into less search time per question on exam day — good thing…upper right hand clock keeps ticking down. Knowing the MPEP and how to effectively search in it was a major reason I passed the July Exam and fell a little short on the April Exam.
6. Read MPEP 1200 Appeals several times BEFORE the taking the test. Seems I had 6-7 questions on each exam regarding appeals.
7. One type of question I would advise just to ‘mark’ until you reach the end of the exam session and then go back and try to answer it if you didn’t know the answer on the first pass. This type of question is often with ‘according to the MPEP’ fact scenaio, but has answer options wherein the essence of each answer option is in a different MPEP chapter. I had at least 3 questions on the April exam and the USPTO does not put any 37 CFR XX/35 USC XX reference marker in each answer option to help you. If you don’t know where it might be to check the accuracy of the particular answer option, it’s tough sailing and burns alot of time off the clock to single out the most correct answer. Thankfully, I did not have any of these type of questions on my July exam.
8. Go over the 60 questions in this website that others have seen since the 2003 paper exams and find every answer surrounding the blog discussion in the MPEP as a help to yourself in better knowning the MPEP as discussed in 7. above and better prepared to answer varients of any given question should a similar question come your way on your particular exam.
I am so happy to report that I passed the exam last week. This was my third attempt. I am a long time lurker of this site which is extremely valuable for passing the exam. I missed my first test Feb-2009) by just 1 Qs, the second test (May-2009) I didn’t review in detail all the newly reported Qs and got caught be surprise by Qs such as who can sign what in which situation etc (scored 65%). In the last week before my exam I studied all the newly reported Qs looking up all Qs in the MPEP to optimize my skill searching the MPEP. I also went to the USPTO to look up the Qs of my previously 2 missed exams. This all helped me tremendously. I just want to stress to how important and valuable this site is and would like to thank every single contributor to this site – this is a great community – keep going so that future test takers will also benefit from this site. Now I have to find a job after working for a very long time in the corporate world.
The exam itself contained many Qs that have been reported on this site, as well as a few old repeated questions such as Tribell, Moondust pencil, Bloc (cure for cancer – alleviate pain), Potter (102e rejection, what cannot be done to overcome), DRAM, Multiplicity/Piecemeal, PCT – Costa Rican guys, Swedish guys and German guy (A = US/RO is incompetent send appl to IB and keep F/D), RCE during Appeal, nonpublication request at US F/D => filed appl in Jp, Laminate;
a lot of 102(a), (b – including 2 not so obvious Qs re on sales bar), 102 (d) and 102 (g) and 103 Qs.
The new Qs below is a list so of Qs as far as I can recall:
•Rejection w/ 3 mo SSP, applicant relies w/i 2 mo, advisory action by exam before the 3 mo SSP – what is the date to calculate any extension of time => date of end of 3-mo SSP
•Final rejection w/ 3 mo SSP, applicant relies w/i 2 mo, advisory action by examiner after the 3 mo SSP – what is the date to calculate any extension of time => date on which the Office mails the advisory action
•Non-prov appl w/ executed oath – who can sign the appl, except? A = atty signed for single inventor who could notbe located after diligent search (wrong answer)
•Filing provisional appl – one page of drawings is missing – How can this be corrected? => file a new complete provisional appl (MPEP 601.01(d)
•Correction of inventorship – which of the following statement are correct?
(i)Using CFR 1.48(a) in a non-provisonal aplpl where error arose w/o deceptive intension on the part of the person named as an inventor or through error was not named as an inventor, the inventorship of the nonprov appl may be amended to name only the actual inventors
(ii)Using CFR 1.48(d) in a prov appl to add an inventor were omitted in the prov appl
(iii) In a reissue where assignee has 100% ownership, but one of the inventors disagrees
A = all 3 statements are correct
•All claims 1-10 rejected, claim1 is only independent and claim 2-10 are dependent. On appeal the Board affirms the rejection of c1-7, but reverses the rej on claim 8-10
A = examiner converts claim 8-10 into independent claims and issues appl, or set a 1-mo time limit in which appellant may rewrite dependent claim in independent form
•When is it proper to use a 1.377 petition to correct maintenance payment errors? None of the A provided were correct (no patent #, no appl #; file w/I 3 mo (must be 2 mo); petition signed by atty, applicant or service payment company (must be part of interest); cannot recall the other Answer)
•Correcting claim for foreign priority for an appl that was filed on or after 11/29/00 and that has been granted to claim priority to German appl – correction can be done using a reissue appl – what of the following statements are correct?
1.Identify prior appl by appl #, or be intl appl # and intl filing date, indicate relationship
2.File reissue oath identifying foreign appl
3.Submit a certified copy of priority docs in the reissue appl to perfect prio
4.File petition for an unintentionally delayed priority claim in addition to filing reissue appl
5.submit ADS
Statements 1-4 are correct, ADS is wrong – is not required
•examiner request submission of information – Which of the following statements are correct, except: A (wrong) = information that is only material to the patentability – MPEP 704.12a
•protest by third party alleging that invention was on sale > one yr prior to F/D. Protest was filed after publication of appl, but before N. Allowance- Should examiner enter protest => Protest should not be entered b/c it was not filed before publication
•Appl is filed using Express Mail (Q from 2000-Apr-PM-Q14) – USPTO didin’t receive appl- which of the following statement are correct, except? A (wrong) = file copy of entire appl using Cert of Mailing
•How can benefit claim be deleted after N. of Allow. ? A= before paying issue fee, file RCE w/ amendment to delete benefit claim
•Applicant dies before filing application – Who can sign the oath, except? A(wrong) = a joint inventor who is a minor cannot sign the oath until he is a “legal” person
•Ex parte Reexam – What prior art can be submitted, except? A (wrong) = prior art citation can include a statement as to the claims violating USC 122#1 (MPEP 2205)
•What docs can an assignee sign w/o having established ownership ? => small entity statement
•40% ownership assignee A, 40% ownership assignee B, 2 joint inventors – Who can sign the reissue application – all 4 parties = 2 assignees and 2 jv’s
•after paying issue fee, applicant wants to submit a PA reference cited by foreign counsel, but doesn’t want tp pay for RCE – What can applicant do to submit PA reference – A= applicant can send PA reference after issue fee payment, PA will be put into file wrapper, but won’t appear on issued patent (MPEP 1302.13)
•new Appeal Q – New ground for rejection by Board affirming examiner’s rejection. Applicant submitted amendment that overcame the new rejections and the affirmed rejection and made the claims allowable. I am not quite sure about the Answer, but I think the examiner can allow the application during limited prosecution before examiner w/o returning it to the Board
MPEP 1214.01 – …..”Prosecution before the examiner of the 37 CFR *>41.50(b)41.50(b)< rejection. If
the application becomes allowed, the application should not be returned to the Board.
•Q regarding correction of inventorship in an issued patent that has a 100% assignee (corporation) with inventors A & B via reissue or Cert. of Correction; company wants to add inventors C & D, and inventor B disagrees and only agrees if patent is divided so that inventor B gets his one patent, but inventor A agrees to add inv B&C. What can be done to correct inventorship?
This is a little bizarre Q – there was not really an A ‘Not possible” as reported in this site, and the other options were filing an divisional reissue is not quite correct, but Cert. of Correction cannot be used, b/c inventor B disagrees. Perhaps this is one of the beta Q.
Thank you again and good luck to everybody taking the exam.
Hi Guys,
Just wanted to say I took the exam today and passed. This site was very helpful with providing questions on the exam. To those about to take the test – review the questions posted on here. I had so many repeats. It made the exam a breeze. I also used the PLI course and took the practice exams religiously. I studied very hard and learned how to use the MPEP. I had a lot of questions on appeals, some PCT, 102(e) and all the stuff everyone else talks about. Study hard, study the questions and you will do fine.
Hi Dan,
Congrats on passing! I am in the 1st week of my studies for the bar.. and am stressed already. I am using the PLI materials for the prep. Can you please tell me, how should I incorporate “learning to search the MPEP” at this stage. I listened to the lectures on the CD, read the notes and try to solve the Prime Questions. Please suggest how can I study smartly and effectively. Thanks for your time!
AD,
Searching the MPEP was a concept I didn’t FULLY embrace until a week or two before the exam. At this point I had a solid knowledge of the basic’s covered in the PLI course and my brute force methods of learning the material, but being able to search really made a difference in my ability to consistently answer questions correctly. It takes the pressure off of remembering every little detail. I find that even if I *know* the answer I like to make sure with a quick search.
What I did to get better at searching was to look at questions individually (checking the answer after each question) and try to identify what section of the MPEP the question referred to and then look up. After you try to look it up, check out the answer and explanation. See where they cite the answer and confirm. At first I wasn’t that good but I could see the answer was close to where I was looking “there is a method to the madness…”
What you will find is that a lot of the answers are verbatim out of the MPEP. It won’t be long before you get reasonably good at looking stuff up.
Oh READING (or at least skimming) chapter 2100 helped me a lot. John White recommended this and it helps because a lot of questions are from 2100 and if you have some idea how it’s all broken down it makes searching that much easier. Get a grasp on 700 too. No need to read it with a microscope and take notes – just get a feel for how it’s laid out.
So you take all of the practice tests (especially the more recent ones) until you know the answer to the question before you even finish reading it. Then you look over the questions posted here (“exam questions and concepts” and repeats) and try to familiarize yourself with that material. Then when it comes time to take the test you will see like 30 repeats, some questions you can easily answer, a bunch of questions that you saw off this site, and then you are left with questions that you can search/use your knowledge on. A couple questions might be way out of left field but they will be so few and far between that it’s alright.
I found that I had more then enough time – I finished the first section in 2 hours and then went over everything for an hour. The second section took me 2.5 hours and then I got excited so I finished the exam early.
Yeah I had lots of appeal and some PCT questions, but this stuff wasn’t too bad because I could search. Most of the stuff is right out of the MPEP, it isn’t rocket science. I decided to take this exam before my first year of law school. As an undergrad I was never a great student… I put the time in for this test, at least the 150 hours. By the time I took the test it was all so familiar I had no problem passing.
Hope this helps.
This is very helpful. I would like to know more.
How, for example, would you apply your search strategy to the titanium-baseball question?
My searching produces a few relevant passages, but I don’t read them as consistent or decisive.
My understanding is that the question focuses on three dates in the following order:
1) When the brochure went on restricted display
2) When a competitive application was filed minus one year.
3) When the brochure went on open display
As others have said, the relevant portions of the MPEP appear to be 2128 and 2133 which offer the following material
1) A reference will constitute a “printed publication” as long as a presumption is raised that the portion of the public concerned with the art would know of the invention even if accessibility is restricted to only this part of the public. But accessibility to applicant’s thesis was restricted to only three members of a graduate committee. There can be no presumption that those concerned with the art would have known of the invention in this case.).
2) … the expertise of the target audience, the existence (or lack thereof) of reasonable expectations that the material displayed would not be copied, and the simplicity or ease with which the material displayed could have been copied.
3) “Once an inventor has decided to lift the veil of secrecy from his [or her] work, he [or she] must choose between the protection of a federal patent, or the dedication of his [or her] idea to the public at large.”
4) … the inventor puts the invention on display or sells it, there is a “public use” within the meaning of 35 U.S.C. 102(b)
Can you or your search technique help me to answer the question of whether or not the date of the restricted display constitutes a 102 (b) bar?
Thanks very much, Art Williams
Dan,
Thanks a million for writing a detailed response. I truly appreciate your gesture. It helps a lot. It tells me im on the right track and not totally lost as i was feeling :).
Thanks again! All the best for Law School!
Hey, would appreciate an answer to this question for those who’ve taken the test: I understand that a searchable version of the MPEP is provided on the test on a chapter by chapter basis. My question is, how is it laid out? Do they give you chapter names like Ex Parte Reexaminations? Just numbers like MPEP 0200, or some combination thereof? Thanks in advance for your help ;)
Are there any actual True/False questions on the exam as I’ve seen on Examware 2007? Or do all questions have 5 answer choices, A-E?
all questions are 1-E and most are a lot more detailed than the examware questions.. You will need to know the questions on this website better than the ones on the examware…
This site is very helpful !!!
Here is a question on PDF search:
Q: When you start a PDF search during the test, does it always start from the beginning of the chapter, or from the current page you are looking at?
For example: my search term is “102(a)”, and I am at page 2100-71, when I start a search of “102(a)”, does it start from page 2100-71 or 2100-1?
If it always starts from the current page you are looking at, it’s much more efficient b/c you can narrow down to certain section b4 you search. Otherwise it might be a headache.
Thanks a lot
Chris
I had a friend just take the test last month. He said that the search starts from the cursor on the page/current page. (i.e. not from the beginning.)
Hope this helps.
Thank you Ch333!
If that’s the case, life is easier :)
Can you use Ctrl-C/Ctrl-V to copy key words from the question and paste them to MPEP PDF search window?
idk. The Patware software from PLI that I use doesn’t let me copy or highlight, so if the real test does, that’s another plus.
I passed the exam on sept 2, 09. 1) How long does it take to receive the official results? 2) After sending in your registration ( the form that mailed with your official results) how long before you are officially registered as a patent atty? 3) overall, how much time does it take between passing the exam (provisional results) to being able to represent patent clients?
Did anyone ever respond to this inquiry? I just got home from the exam (preliminary pass) and am curious as to the same points Opuskv626 has raised. Any insight is much appreciated!
Congratulations to those who passed.
But I didn’t pass so I have to take again. I have to wait 30 says before I can re-take it and that still falls in my 90-day window.
I am still within the 30day period from the first test and I tried to register with my old USPTO ID for the second test, the system is not allowing me, saying my ID is not recognized. Looks like I can’t even register within the 30day period, will the system recognize mold ID after 30 days?
Anybody has such experience? Thanks
Could someone please advise me as to which Prometric exam center between Fremont and Santa Clara/San Jose is most preferrable? I am planning to take the test sometime in October, pending availability of dates.
Thanks a bunch.
I just passed yesterday on my first attempt. I did not spend one red cent on study materials and do not believe it is necessary to do so to pass. Thanks to the mass amount of repeats, this test is pretty easy if you put in the time. Here is my .02 cents on test strategy:
1. Download this outline (it is really good) and read it over a couple of times.
2. Do ALL the old exams from 2000-2003 at LEAST twice. Not only are you learning the important concepts, but you are memorizing answers, which is key. You are also learning how to use the MPEP search function, which is also key. When the real exam came, I probably looked up answers to at least 30 questions that I wasn’t sure of. You need to be scoring at least 85-90 on each test before you are ready for the real exam. (I made an outline based upon questions that I was repeatedly getting wrong).
3. Learn all the new exam topics posted here.
4. The week before the test, read MPEP chapters 700, 1200, 1400, 1800 and 2100.
That is literally all you need to do to pass this test. As for my particular exam, I had at least 30 repeats from the 2000-2003 exams. The following commonly tested newer topics also appeared:
Tradename – VELCRO
Moondust
Tribell
Japan – 45 days
Wireless Telephone
Amending the PCT Abstract – ISA rewrites
Electric Toothbrush
Death of Inventor after he’s assigned part of invention to his atty
PCT 102(e) file date – Sweden/Costa Rica
Assignee not of record signing small entity claim
Hairgel (the answer was ex parte reexam)
MDC fee calculation
Door knob – means plus function
Titamium Baseball (Prior Art – July 4)
Mirror reflective qualities
Joe Blockhead
Piecemeal Exam
Return of Maintenance fee
Parking meter
misspelled name (Jon Jones)
I had several Q’s on new grounds of rejection by appeal board
I also had a question on telephone calls to FIU
I hope this helps!
I passed 9/28 on my first attempt. I did not spend one red cent on study materials and do not believe it is necessary to do so to pass. Thanks to the mass amount of repeats, this test is pretty easy if you put in the time. Here is my .02 cents on test strategy:
1. Download this outline (it is really good) and read it over a couple of times.
2. Do ALL the old exams from 2000-2003 at LEAST twice. Not only are you learning the important concepts, but you are memorizing answers, which is key. You are also learning how to use the MPEP search function, which is also key. When the real exam came, I probably looked up answers to at least 30 questions that I wasn’t sure of. You need to be scoring at least 85-90 on each test before you are ready for the real exam. (I made an outline based upon questions that I was repeatedly getting wrong).
3. Learn all the new exam topics posted here.
4. The week before the test, read MPEP chapters 700, 1200, 1400, 1800 and 2100.
That is literally all you need to do to pass this test. As for my particular exam, I had at least 30 repeats from the 2000-2003 exams. The following commonly tested newer topics also appeared:
Tradename – VELCRO
Moondust
Tribell
Japan – 45 days
Wireless Telephone
Amending the PCT Abstract – ISA rewrites
Electric Toothbrush
Death of Inventor after he’s assigned part of invention to his atty
PCT 102(e) file date – Sweden/Costa Rica
Assignee not of record signing small entity claim
Hairgel (the answer was ex parte reexam)
MDC fee calculation
Door knob – means plus function
Titamium Baseball (Prior Art – July 4)
Mirror reflective qualities
Joe Blockhead
Piecemeal Exam
Return of Maintenance fee
Parking meter
misspelled name (Jon Jones)
I had several Q’s on new grounds of rejection by appeal board
I also had a question on telephone calls to FIU
Hi ajclegal,
Can you describe a little more about “Joe Blockhead” Question you had? Is it related to what to do after issuing the reexam certificate OR removing a priority claim after allowance to extend the term? Thanks. -Michelle
Is there any way to get a hold of the newer tests, i.e. the 05-09 tests?
Roughly how long does it take the PTO to admit you to take the test once you send in your materials? I want to make sure I am timing this right. Also, I was admitted to take the test 2-3 years ago but never signed up to take it – I am assuming I will have to start the process over. Is this correct? Thanks!
Hi Emily,
I called the PTO/OED about a month after receiving the self-addressed post card I had inserted with my application. I was told that six weeks is typical.
Good luck, Art Williams
Thanks for the quick reply! I am having a hard time figuring out how long the studying will take me. (I’m working full time and not really sure how much time I will have in a given week to devote to studying depending on how busy I am at work). I don’t want to have to rush through at the end, but I also don’t want to wait too long after I am ready to take the exam in case things start leaking from my brain…
Can someone please clarify for me what is currently being tested about claim drafting? I know at one point you actually had to draft claims, but you don’t anymore. I’m using an older (I think 2002 or 2003) version of the PLI materials, and I noticed that the next 3 CDs are devoted to claim drafting, and I’m not sure these are necessary. When did the Patent Office switch the way these are tested, and what’s the best way to prepare now? Thanks!
looked over this site a bunch before my exam took the PLI course and then jsut did exams over and over as well as the exam concepts part of this website, it was a huge help and i passed on my first time.
morning was much easier than afternoon. And morning wasnt that easy.
15-20 on re-exam
10 appeal
10 reissue
repeats i got:
Mario lepuix
moondust
Shoe polish/hairgel
revival of rexam
japan 45 days
modified (adhesive layer/light sensitive layer)
Tribell
door handle
piecemeal examination
questions i got
103c prior art disqual
jake and rake make a product rake fies for patent with him and jake as inventors.
jake thinks its his own what does he do? i put file own app interference not sure if its correct
reissue copending with reexam
reissue time extensions 3 ques
claim counting question answer was 8
terminal disclaimer who signs
appeal when claim rej ask for reconsid and rejected on new basis
how to overcome 102b 102a 102e rejections (3 separate questions)
you claim range of 8% – 11% prior art says it is 9% overcome by putting range in spec and claiming 10%
time extensions for reexam
102e dates for pct apps
PCT app where its in Japanese language applicant is us resident japanese citizen -> i put forward to Japan receiving office US not proper if its not in english
priority claim not in provisional what to do -> file new app with priority claimed and let old one go abandoned
filing IDS before issue fee paid after notice of allowance
prior art drawings have no scale on them -> irrelevant still prior art
obviousness questions overcoming and definitions
incomplete drawings in PCT
102 art when you can combine them
question about examiner reporting fraud -> only when he has indepdent knowledge of a judicial decision claiming there was fraud on the patent office
what can assignee not of record sign
2 or 3 questions on express mail and certificate of mailing.
protest after publication of app
Also to answer emily M’s question there is no claim drafting whatsoever on the test
Just passed yesterday. A big thank you to mypatentbar.com for a great resource for review. And, thanks to others that have posted helpful suggestions.
1. Most important thing to do: take the 2001-2003 tests until you score 90-100% every time. Once this happens, a general sense about what the PTO wants you to know and where to go to find it becomes a part of your tool box. And, that helps when all those new questions start popping up on the Prometric exam.
If you miss a question on the old tests when reviewing, go to that section in the MPEP that is indicated on the answer sheet. Spend time on that section and get the concept. Then, rinse and repeat and repeat and repeat… This really helps with getting the MPEP familiarity that will allow you to look up sections of the MPEP during the test and get the right answer.
I think this is what some of the professional review programs are trying to get across–but, it seems to come across as skim and read it independently. Why not just get the familiarity with the MPEP from what the PTO wants you to know?
2. Look at the repeat and exam concepts sections here. Do, memorize all old PCT questions: I had 10-15 questions. For me, this was the maker-breaker section. Germany, Sweden, Costa Rica, Mexican Nationals–like it has been said before on this site, this is the psychological part of the test because the answers are consistent across similar fact patterns. Just hang your hat on the right answer and don’t waiver. If you read anything, read MPEP 1800 and the outline on this site.
3. Do a review course if you are not generally familiar with patent law concepts–but, don’t waste any additional time there because this test is specific to what the PTO wants. It is not a general knowledge test. It is better to quickly get a general review and then start taking the old tests. Seriously, the old tests are it…
4. Relax the night before the exam and put the confounded stuff away. Try to schedule a weekend exam so you can start the test at 9:00 A.M. instead of 8:00 A.M. Then, you can get up and get your coffee and let the brain rev-up before heading into the test.
5. Recalled repeats:
PCT: Germany, Sweden, Costa Rica, Mexican Nationals, PCT&102(e)
Mario Lepieux
Mirror
Lancer
Moondust
Tribell
Bloc
103 Graham
Potter
Broom
Fan, Lamp, Clock
Death of Inventor
Death of Joint Inventor–affect on POA
Multiplicity
Cheers and good luck…
I took the patent bar yesterday and passed (well its preliminary I guess)! Does anyone know of the likelihood that a preliminary pass won’t in fact turn out to be a pass?
Anyway, the first session was brutal, and not at all what I expected! I only had 2 repeat questions (I had understood that there would be a lot more), and I didn’t even have a high number on the MPEP chapters I had focused on. I had no PCT, 2 Appeal, and only a handful of 2100 and 700. I had a large number of 800 (at least 6), 600 (probably 8), 300, 400, and correction of inventorship. The mix seemed really weird, and at the the break I felt disillussioned because I had been averaging high 80s and 90s on the practice tests but the first session seemed nothing like it.
Anyway, after lunch was pretty easy — thank goodness, because I am sure I wouldn’t have passed if it had been a repeat of the morning. In the afternoon I had a mostly 2100, Appeal, and PCT. I had a ton of repeats including:
Multiplicity
Death of inventor
Tribell
Potter — its a variation though, so be careful
Lipgloss
PCT: Mexican Corp/Nationals and the Japanese language filing
PCT: publication of only US designation
Tip & Point (moondust)
Titanium baseball (publication version)
Japan 45 days
Return of Maintenance Fee
Piecemeal
Jon Jones (misspelling)
Small Entity error (1.28(c))
My advice (like everyone elses) is to practice and familiarize yourself with the 2002/2003 exams and all the new questions reported on this site. Although, my morning session hardly had any repeats, my familiarity with the MPEP meant I could look up at least 10-12 questions. In the afternoon, the high number of repeats really helped my confidence.
Good luck!
1. 3 inventors A, B, and C on a pending application. Applicant discovers the ADDRESS is incorrect for Inventor B. How do you make an address change on the application? (one inventor may be unavailable, and these answers are just surmises)
A) Assignee of entire interest sends in an Application Data Sheet correcting
B) 3 inventors declare oath with correct addresses
C) Send in notification of Inventor B’s address
D) Assignee declares oath with all the correct Inventive Entity info
E) Assignee signs a petition under some number naming all inventors A, B, C declaring all inventors and identifies Inventive Entity
What do you all think?
Anyone figured out what the answer might be for this?
*** I answered A).
603 Supplemental Oath or Declaration
37 CFR 1.67 Supplemental oath or declaration.
(a) The Office may require, or inventors and applicants may submit, a supplemental oath or declaration meeting the requirements of § 1.63 or § 1.162 to correct any deficiencies or inaccuracies present in the earlier filed oath or declaration.
(1) Deficiencies or inaccuracies relating to all the inventors or applicants (§§ 1.42, 1.43, or § 1.47) may be corrected with a supplemental oath or declaration signed by all the inventors or applicants.
(2) Deficiencies or inaccuracies relating to fewer than all of the inventor(s) or applicant(s) (§§ 1.42, 1.43 or § 1.47) may be corrected with a supplemental oath or declaration identifying the entire inventive entity but signed only by the inventor(s) or applicant(s) to whom the error or deficiency relates.
(3) Deficiencies or inaccuracies due to the failure to meet the requirements of § 1.63(c) (e.g., to correct the omission of a mailing address of an inventor) in an oath or declaration may be corrected with an application data sheet in accordance with § 1.76.
(4) Submission of a supplemental oath or declaration or an application data sheet (§ 1.76), as opposed to who must sign the supplemental oath or declaration or an application data sheet, is governed by § 1.33(a)(2) and paragraph (b) of this section.
I think I had this question on my “practice” test a month ago…
Can anyone provide a link to the version of the MPEP that is used for the Patent Bar? I would really appreciate it. Thanks!!!
Here ya go: Edition 8, revision 4! http://www.uspto.gov/web/offices/pac/mpep/old/mpep_E8R4.htm
Don’t get thrown off that most of the chapters say “revision 3″ on the bottom – it’s because those chapters didn’t change in the 4th revision.
I passed the Patent Bar today (2-3-10) on my first try. Here is my thorough recap:
Note, when I say “Answer” below, that does not necessarily mean that is the correct answer. That is either the answer I chose on the exam OR that is a concept you have to know in order to eliminate a wrong answer choice.
“New” Questions
Titanium Baseball
Answer: Prior art as of date article indexed in library catalogue
Mirror
Answer: mirror discloses parallel and perpendicular and PHOSITA would not be able to understand which it is
Amending Abstract
Answer: if the Abstract is provided by the ISA, practitioner has 1 month to submit comments on said Abstract
Deleting benefit Claim
Answer: pay issue fee and file RCE
Costa Rica
Answer: U.S. Receiving office is not competent; application sent to IB; application is afforded international filing date as of the date it was filed with the U.S. receiving office
Sweden
Answer: U.S. Receiving office is not competent; application sent to IB; application is afforded international filing date as of the date it was filed with the U.S. receiving office
Velcro
Answer: maintain rejection under 112(2)
Information Requested From PTO (via telephone)
Answer: Ask the caller lots of questions and conclude the caller cannot establish the proper association to receive status of publication date
Trade Secret (all of the following except….type of question)
Answer: Can’t remember but had to deal with petition to expunge and public’s access to expunge or non-expunged information in RCE)
Maintenance Fee Refused Entry (MPEP 2500…(asked in the form “all of the following except”)
Answer: Can’t remember, but know that if there is no “mandatory identifier” (no patent number, no patent application number), a 1.377 petition cannot be used
Investigating Deceptive Intent:
Answer: If examiner has independent knowledge of a judicial decision of fraud, inequitable conduct or if applicant makes an admission, investigation of deceptive intent is made
Who can sign a Terminal Disclaimer (40% A, 40% B, 20% by two inventors)
Answer: Need signatures from all above
Piecemal
Answer: I, II, III, IV (all of the above)
What can an assignee not of record sign?
Answer: Assertion of small entity status
What document does not need a signature and still be accepted?
Answer: Assertion of small entity status
Appeal and examiner’s rejection or examiner’s objection to claims
Answer: If examiner objected to a claim that would otherwise be allowable except for a rejection of an independent claim, the objected claim dies
Answer: If examiner rejected a dependent claim, Board reverses examiner, then applicant allowed to rewrite dependent claim to independent form or Examiner should allow applicant 1 month to rewrite dependent claim to independent form
Third Party Submission:
Answer: Limited to patents and publications; know that it should not contain any explanation or underlining or notations when submitted
Combination / Subcombination
Answer: Very tough question, using process of elimination, I was able to pick the correct answer…after about 15 minutes! It’s tough because the wording used in the choices do not match up with the MPEP, but are pretty bad paraphrases.
What is required to receive a filing date for a provision application?
Answer: only the written description and any drawing if necessary; know that oath and fee can be submitted later
John Jones spelled incorrectly as Jon Jones…what is cheapest way to correct inventorship after the patent has issued?
Answer: File ADS; the wrong answer said to telephone examiner and have examiner change the declaration—this has to be wrong because once a declaration is filed, it cannot be amended in any way, especially by a third-party (i.e. the examiner) who isn’t the declarant!
A couple of question on Restriction Practice and on CIP.
The question where there is inventor A and B, who assign interest to Corporation. A patent is issued. Corporation later determines that C and D should be named as inventors. B, who was fired from Corporation, disagrees and thinks only A and B are inventors.
A question where the facts state that the two inventions were not commonly owned. Question was about how should examiner proceed? From that sole fact, I eliminated the three answer choices that had the words “double patenting.” I think double patenting rejections are only applicable if the two inventions are commonly owned.
The question about realizing that inventor’s address (this is not the correspondence address) is missing from the declaration. What to do? The correct answer had to do with B needs to file a supplemental declaration that names the ENTIRE INVENTIVE ENTITY, but only signed by B. The wrong answer choice said to name only B and signed only by B. This was another tough question because it required me to look up something in the MPEP, which cross-referenced a Rule. When I looked up said Rule, it cross-referenced another rule! It was very time-consuming.
A question requires you to know that for divisional and continuations, a prior recorded assignment recorded against the original application is applied to the divisional and continuation. But for substitute and CIP, a prior assignment of the original application is NOT applied to the substitute or CIP application.
Repeats
April 2000 – AM
Tommie and Jo(4.00.23a/4.00.24a
Bond 60%C or 60%D (4.00.27a)
Obviousness (4.00.32a)
Prior Art (4.00.42a)
Reexamination (4.00.47a)
April 2000 – PM
Federal Court Decision of Validity is Not Binding on PTO in Reexam (4.00.19p)
102 (f) (4.00.44p)
April 2002 – PM
Hair Gel (4.02.37p)
October 2002 – AM
Facsimile Transmissions (10.02.49a)
April 2003 – AM
1
2
8
25
33 (Choose answer talking about on/off switch location)
37
41
April 2003 – PM
4
19
26
28 (Claim Counting where answer is 147)
32
44
October 2003 – AM
7
8
11
16
19
23
24
32
36
38 (variation…know the concept)
42
44
50 (Claim Counting where answer is 147)
October 2003 – PM
4
6
10
14 (Variation..know this concept)
18 (Big time variation of Jon Jones. I chose answer of File ADS.)
24
28
29
30
38
40 (Variation…know the concept)
The morning session was difficult. After the first go through of the morning session, I had marked 9 question to review. These 9 questions I really wasn’t sure…couldn’t eliminate many of the choices. As I was reviewing the 9th question, I ran out of time. The afternoon session was much better. I marked 8 questions for review. I was able to look up the correct answers to 6, leaving me 2 that I wasn’t 100% confident on. At this point, I went ahead and ended the exam, because I was pretty sure I got around 90% of the afternoon questions correct.
For all the questions I had to look up, I could pretty much find everything I was looking for. I think there were about 10-12 questions that I couldn’t figure out where/how to search. These questions weren’t simple look ups, but rather a specific fact pattern, that required application of the law to the facts to get the correct answer.
One thing to note ,as another person had commented is how to search the Prometric MPEP. When you click on the pull-down menu to access the chapters of the MPEP, you need to click on a button called “Open.” That opens the particular chapter you’ve selected. Then you may proceed with the search by clicking on “Find.” If you want to see a second hit, you click “Find Again.”
The bad habitat I got into was that I was say looking in Chapter 2100, which I have open. I then wanted to search in Chapter 700. Therefore, I click on the pull-down menu and select Chapter 700. I forget to click “Open.” Then I perform my search, and I don’t realize that I’m still in freakin’ Chapter 2100 searching! I caught on to this bad habit after about 4 times of inadvertently searching the wrong chapter. Be forewarned.
There were a lot of repeats in both the morning session and afternoon session as seen above. The test today has definitely changed from the 2001-2003 exams. In the 2001-2003 exams, the answer choices were nearly word for word from the MPEP or have the word “not” inserted. Therefore, in the 2000-2003 exams, you could search pretty long phrases, sometimes half of the entire sentence, so long as you knew what chapter to look in. My experience is that you can no longer do this today. Now, not only must be in the correct chapter, but you should only chose 2- word search phrase to search. Once you find the hit(s) in the electronic MPEP, you have to read the entire sentence (and before and after it) to see if that concept is what is conveyed in the answer choices. In other words, today, the answer choices today are often paraphrases from the MPEP, which makes searching more difficult. How will you know what buzz words to search for?? By reviewing the prior exams, you’ll know what the buzz words are.
My recommendation is to do all the 2001-2003 exams, three times each. Yes, this takes forever to do, but it’s worth it. The important part is to review all the explanations provided by the USPTO because they are very good. I find that all the “wrong” answer choices from the past exams, show up again as wrong answer choices on today’s exam, but on non-repeat questions. So if you know why an answer is wrong back then, you’ll be able to quickly eliminate it today. The good thing is that those “wrong” answer choices sometimes will show up VERBATIM on today’s exam. On the flip side, those “wrong” answer choices from 2001-2003 also turned into “right” answer choices today. For example, a “wrong” answer from the Oct. 2003 exam was wrong because it had the word “not” inserted in the wording from the MPEP. Today, that wrong choice is now “correct” because the word “not was eliminated. Therefore, the moral is to know why ALL past answer choices were either right or wrong.
My methodology to pass was as follows and more or less, in this sequence:
1) I have the PLI course. Go over PLI DVD course to the letter. Take notes in the margin of the PLI notebook. If John White says to shut off the DVD player and do a mini exam now, then do it. I did all the Prime Questions and Homework and Quiz excercises as scheduled. (At this point, I have not yet touched the PLI Patware CD—this comes in step 7. Also note, I did not listen to any of the PLI Audio CDs.)
2) Take officially released practice exams starting with October 2003 and ending with April 2001. This is 6 practice tests. (Note, I did not do the April 2000 or October 2000 tests, except for the known repeats reported on this website). The most time-consuming part of the practice exams is reviewing the answers. In reviewing the answers, I looked at virtually all the Rules and MPEP sections cited in both the right and wrong answers. While I did this, I took notes. All I did was hand-write verbatim from the PTO explanations of the concepts I was not understanding or had trouble remembering. (in the end, I ended up with a 25 page hand-written notes. They weren’t in any organized format…just random PTO rules and law)
3) Review the outline from this website.
4) Review the Repeat question section on this website. http://mypatentbar.com/repeat-questions/
5) Review the Exam Questions and Concepts question on this website. http://mypatentbar.com/current-questions/ Again, on a separate piece of paper, I kept notes of fact patterns and probable answer choices for these “new” reported questions.
6) Repeat step 2 from above. Take more notes.
7) Do all exams in PLI Patware.
8) Repeat step 2 from above, again! Take more notes.
9) Review sections from PLI notebook that I had tabbed from step 1 above.
10) Using Patware, create a customized exam of only Appeal questions. Take notes from Patware explanations.
11) Using Patware, create a customized exam of only PCT questions. Take notes from Patware explanations.
12) In last week prior to exam, I reviewed the Repeat Question Section and the Exam Question and Concepts sections again. For all Repeat Questions, I memorized the fact patterns and the answer choices. I did this until the point to where I could cover up the entire fact pattern and by looking only at the answer choices, I could pick the correct answer. More specifically, I read everybody’s comments who had listed the question number of their personal repeats. I then went back and re-did all the questions that people have reported.
Throughout this methodology, beginning with doing the old exams, I was constantly reviewing my hand-written notes. Focus on the known repeated questions. But honestly, what helped a lot was to know ALL the questions from the 2001 – 20003 practice exams for the concepts of the rules and laws conveyed. These concepts are tested on today’s exam.
I studied almost everyday for 3 months. I put in anywhere from 2-4 hours per day. PLI’s recommendation of 150 hours is not nearly enough. I never took a full 100 question practice exam in one day. I always just did 50 questions in one day followed with immediate review of the 50 questions (took about 2.5-3 hrs hrs to review 50 questions). The next day, I would do the remainder 50 questions followed with immediate review. I wasn’t worried about stamina. During the real exam, you’ll be pumped up that you won’t feel sleepy and time will fly by
However, be sure to pace yourself. During the exam, when the clock says 1:30 remaining, you should be on question 26 or higher.
In retrospect, I feel that I had over-prepared for this exam. There were so many concepts that I went over and over again that did not show up on the real exam. For example, I didn’t need to know how the 2-month rule works or that you have a max of 7 months to file an Appeal Brief. I was really concerned with whether a 1.136(a) or 1.136(b) petition would be available in certain situations, but that was not tested either. I didn’t have a single question on plants or biotech rules. I didn’t have any “weird” dates (e.g. things filed prior to 11-29-1999, 11-29-2000, prior to 6-8-95, prior to 5-29-2000). In other words, all of the questions I had applied to the latest rules. Nothing on PTE or PTA.
Thanks to all who have contributed. I could not have passed without this website. Good luck to all the future test takers!
Congratulations for passing the exam.
Thank you for sharing these helpful information.
Combination / Subcombination
Answer: Very tough question, using process of elimination, I was able to pick the correct answer…
Do you remember what is the correct answer?
I do not remember the correct answer. I do remember though that typically for most questions, the paraphrases from the mpep could all be found in consecutive sentences from the SAME paragraph. In this question, I think I had to look in three-four different paragraps to eliminate the wrong answer choices. I can’t remember if these three-four paragraps were in consecutive order. I do recall that the paraphrasing in the answer choices required very careful comparing the wrong choice with the text in the MPEP. My advice on this one is to be able to quickly do a word choice for “subcombination” to find the relevant section
Thank you for the advice.
A question from April’01
16. Stan, through a registered practitioner, files an application for a patent. During the
prosecution of Stan’s patent, in an amendment, the practitioner admitted in his discussion as to
“all the claims” of Stan’s application, that “the most pertinent available prior art known to the
Applicants and their representatives is the Acme Patent, cited by the examiner.” Within one year
after the patent issues, Stan comes to you and wants to file a reissue to broaden his claims, based
on the fact that the Acme patent is not prior art. He has ample evidence to show that he
conceived and reduced his invention to practice before the filing date of the Acme patent. Which
of the following is true?
(A) Stan should file a reissue application accompanied by a declaration under 37
C.F.R. 1.131 to swear behind the date of the Acme reference. The statement by
the registered practitioner, who formerly represented Stan, that the Acme patent
was prior art constituted error without deceptive intent and may be corrected by
reissue.
(B) The explicit admission by the registered practitioner, who formerly represented
Stan, that the Acme patent constituted prior art is binding on Stan in any later
proceeding involving the patent.
(C) Stan should file a request for reexamination and submit the Acme patent along
with evidence in the form of affidavits or declarations showing that the Acme
patent is not prior art.
(D) Since the Acme patent was cited by the examiner and not by the registered
practitioner, who formerly represented Stan, Stan can not be held accountable for
the error. Moreover, the statement by the registered practitioner was directed to
the pertinence of the prior art and not to the issue of whether the date of the Acme
patent could be sworn behind. Accordingly, the statement has no binding effect.
(E) (A) and (D).
Answer:
I would think (A) to be the answer. But I see (B) to be the answer. Can somebody explain it to me,pl?
Thank you for the help.
The question is about what the lawyer or agent stated in order to get the patent. Here, he stated that the admission from Acme was pertinant and thus it is now and always will be prior art and the claims were modified to avoid this prior art. Thus no reissue can be sought as it would be recapturing.
Thank you for the reply… Makes sense.
This has been a wonderful site for my patent bar prep! I have a few questions that I’m curious to hear what other people think, and please feel free to chime in if you’ve passed and remember as well!:
1) Are the 4 exams (2 from ‘03 and 2 from ‘02) the most important? Is it useful at all to look at anything from ‘01, ‘00 or even ‘99, or would you recommend to spend that time to review the more recent topics of e.g. Appeal, PCT? Has anybody else noticed/observed that not only do these pre-02 exams have lots of fact patterns (as compared to recently where it seems like its “rules”), but they seem really more complicated/detailed?
2) How many repeats can I expect overall? (on average?) – e.g. at least 5? 20? it seems to vary a LOT from person to person
also, for these repeats, how many are exactly worded the same with the exactly worded answer? like, could i immediately recognize “B” or whatever without reading the entire question. i understand there are some variants
3) I took the April 2002 exam and scored a 63 first try. I thought it was much harder than any of the ‘03 exams and the Oct. 02 exam (anyone agree or disagree?) Is this any indication of how I might do on the actual exam? I’m asking this b/c I took it under simulated conditions for the first time, trying to replicate the actual exam, and only saw a handful of repeats.
4) Is the general consensus that Adobe 5 is the closest replica of the MPEP for Prometric? Further, can I view the MPEP and question at the same time, or do i have to switch back to each window? Are the chapters labeled by number or by title and number?
5) Lastly, I sent in my application on the 4th, and haven’t heard a peep. The check hasn’t been cashed in yet. Is this normal or should I be worried?
Thanks!!!!!!
Lots of questions…I’ll see if I can help on some of them.
1) I think the four most recent exams are the most important, but I don’t think it would be a waste of time to go through the older exams, at least once. If you look at the “repeat questions” part of this site (which you may have already done), you can see which questions from those exams that people have reported seeing again, so if you’re crunched for time, maybe just focus on those questions. The one downside to focusing too much on older exams is that some of the rules have changed, and that can throw you off a little. Probably the repeated questions wouldn’t be those though.
2) It probably does vary a lot, and you may just want to take a rough average of what people have reported on this site. I probably saw 15 or so. Of these, many (if not all) looked to be word-for-word repeats, with the only difference maybe being the order of the answer choices. Some had slightly tweaked the answer choices to clarify them. Another hugely useful resource is the exam concepts portion of this site as well as http://www.patentbarquestions.com where people discuss new questions they came across. Although people don’t remember the questions and answer choices word for word, you get a sense of what the question is going for, and especially after reading people’s discussion of what the answers should be, you tend to remember them. I saw several of these on my exam.
3) Sorry, I don’t really remember which exams I scored better on than others.
4) I used that, and it was pretty close. I don’t think you can look at both windows at once (although I thought I remembered someone saying you could make both windows smaller and see both, but I couldn’t figure it out on my exam). The most important thing is getting familiar with the “find” function. The chapters are labeled with title and number.
5) I don’t remember what the general turnaround time is, but I don’t think a few weeks is time to panic yet.
Good luck!
thank you for your comments E, very helpful!
I am unclear about the process of searching for stuff during the exam. What exactly are we searching in … the MPEP, 35 USC, 37 CFR, or all of them? Also, where do you go to download these to mimic the testing conditions most closely? When I go to the USPTO website, I get a list of each chapter/section of the MPEP, USC, or CFR and the titles of each. Are these titles available on the version we look up during the exam? Thanks!!!
You’re searching the MPEP, which I believe includes 35 USC and 37 CFR as appendices – I never used those. You pull up each chapter separately from a drop-down menu that lists chapter number and title, and that is what you search. People say that Acrobat 5 (an old version) is pretty similar to the reader on the exam. I would download that (I can’t remember the website where I found it, but I just googled), and then use that to search the chapters from the USPTO website. (Make sure you’re using 8th Edition Revision 4 – the current edition on the website is revision 7 or something, but click on the link for “archives” and you can get to revision 4.)
Took the patent bar and passed today on my first try! (3/2/2010).
Thanks to this site.
Here are my recommendations (the recommendations of “patent bar passer above on feb 4 2010 are pretty good):
1) A PLI or PRG course is nice (I had PRG since work paid for it).
2) Do the practice exams over and over and over and over and over. Focus on Oct 2002, April 2003, and Oct. 2003. A lot of the questions on the older exams are out of date (the answer is not quite right due to rule changes. Appeal is one example of that)
3) review the new questions on this site and patentbarquestions.com (I found that reading the “dump” area of that site helped a fair amount
4) Get to 92%+ on every of the 3 practice exams. When you study, don’t just memorize the answer. Actually look up every answer in the MPEP even the incorrect ones. I had several instances today where the question was reworded with old questions but instead of saying which is right *except*, it would say which is right. I had several pick I,II,III,IV of new questions reported in this site, but variants thereof. It is very important that you go look up the rules for the new questions to understand the meaning.
Also, I was able to do a 1/2 practice exam (an AM or PM) in about 40 minutes. You will need this speed so you don’t run out of time.
I had a lot of repeats. The monring was a little harder than afternoon because I had to search so damn much. With about 1 hour left I had 12 or so I had to go back and look things up more, and pretty much got to all of them using all my time. The afternoon were a lot of questions that were easier to lookup and/or repeats or variants of old questions reported that if you prepared, you could figure out.
Several questions were goofy (I even found one with a typo) so Im pretty sure those were beta questions.
My MPEP search technique was to lookup in index and then go to the section (not the most efficient, but it worked for me).
I had a lot of re-exam questions (including ex parte re-exam).
Some PCT including one where part of drawing is missing and the practitioner files something like 10 months after notice to correct what is the 102e date. (you had to find that you have 32 months + 5 monhts max from priority date), then figure out that the US provisional that the PCT claimed priority on was the date.
One on what happens in appeal if the board issues a new ground of rejection and practitioner files an amendment for some of claims (not responding to all), but ALSO files a request for rehearing. I forget the correct answer but that scenario is in the MPEP.
Lots of 112 enablement stuff. probably 5 questions…so know that.
Here are other new questions I got (some of the labels are from patentbarquestions.com so go look there and study the concept in that case) ….
lipstick
japan 45 days
147 claims
a couple on trade secrets (more than one)
maintentence fee with errors on it.
assignee of record can sign a small entity statement
cancer one
an indefinite claim whre claim was rejected as obvious claiming 5-7% of one thng and 7-11% of another , the reference had 5.5% and 8% (I put down the answer that said re-do the claim and put the 2nd item fixed at 9%)
trade secret
investigating deceptive intent
I think I had a couple on protests (mixed in with previous questions related to RCE). one of them had a fraud component (sorry my memory is fading me)…
combination/subcombination-
there were 2 or three questions on provisionals. for example, if you forget to include a drawing what can you do (I forget the answer I put, but I do remember you cant amend a provisional).
a couple on translations and perfecting priority in PCTs
correction of inventors address
correction of inventors in reissue
corection of priority in reissue
spanish 102d question (design patent)
I had a variant of red ink/black ink, the answer was a variant, but asked which of the following is true EXCEPT (pick the write in black ink )
splitting up patent claims question file a reissue and then a divisional reissue
a specific question on what a 1.131 affidavit can do (required knowing some more finer detail, I spent a lot of time looking up the minutia which is required to answer this)
another means plus function variant (how to compare a claim in a reference which uses mpf claims to the current claim which does not.)
restriction requirements -2 or so questions
laurel abott and harvey
pct question on publication when IA is only filed in US, designating only US, but applicant doesnt file national stage (who published the app and when….there was some minute detail to this)
faxing contracting state information in PCT (not allowed is the answer)
[edit] Claim for Priority via Reissue question (ansewr is file reissue plus certified copy of priority document, english translation not required)
Tribell
broadening reissue
RCE during appeal
hairgel question
mirror question but not as presented before. IT simply asked you which of the following woud be a proper 112 rejection (and then it lists various cases of mirror/reflecting surface and the purpendiclar/parallell answer (which is What I put).
federal court decisions was not a question by itself,but listed on a “what is in acccordance with MPEP” questions.
I had one where the practitioner got 20% of assignement of an application by a sole inventor for prosecuting the app, then the inventor dies. what happens to the case? (I forget the answer, but there are scenarios in the MPEP on that).
there was an obscure 102(a) and 102(g) thing, that I guess on
indefinite claim using “high” (I think I put as long as the spec had some implied meaninng of what “high” means its not indefinite).
means plus function determinng equivalence question
again, lots of repeats, just do 2003 exams and oct 2002 exams. Note how the rules have changed (follow some of the dialong on those questions on this site)
Good Luck!