Comments for MyPatentBar.com http://mypatentbar.com Patent Bar Review and Study Guide Thu, 29 Jul 2010 00:59:09 +0000 http://wordpress.org/?v=2.9.2 hourly 1 Comment on Prometric Patent Bar by Mrjazz http://mypatentbar.com/about-2/#comment-3307 Mrjazz Thu, 29 Jul 2010 00:59:09 +0000 http://www.usptoexam.com/mypatentbar/?page_id=134#comment-3307 Can not locate the cheat sheet that everyone is referring to in the Freepatentbar website. Anyone have a copy and can email it to me? mrjazzitup@hotmail.com. Thanks a million. Can not locate the cheat sheet that everyone is referring to in the Freepatentbar website. Anyone have a copy and can email it to me? mrjazzitup@hotmail.com.

Thanks a million.

]]> Comment on Exam Questions and Concepts by PCTMaster http://mypatentbar.com/current-questions/#comment-3266 PCTMaster Mon, 26 Jul 2010 23:32:14 +0000 http://patentbar.wordpress.com/current-questions/#comment-3266 Passed test today. Prepared using PLI home course, followed by extensive study of old tests 2002-2003, as well as the "new questions" on this website. Guess it's my turn to give back to the community. Overall it was easy. I finished the morning session with about 1 hour to spare and the afternoon session with 45 min extra. Memorizing repeat questions is the key. REPEATS (OLD): Mario Lepieux (4.00.10a) Smith Laminate(4.00.17a) Foreign Patents (4.02.50a) Notice of Appeal (4.03.8a) Potter (4.03.12a) Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a) Lancer Toothbrush (4.03.33a) Board Decisions (4.03.37a) Polypropylene range (obviousness of ranges) (4.03.44a) New Grounds of Rejection (4.03.45a) Interference and Reexamination (4.03.12p) Foreign Priority (4.03.22p) POTTER - 2 VERSIONS Bloc; Synthetic Z (10.03.7a/4.03.32p) Bloc; Synthetic Z (10.03.7a) Smith / DRAM (10.03.9a) Tribell (10.03.16a) Correcting the Name of the Inventor (10.03.18p) Smith & Jones… (10.03.30p) Foreign prior art date (10.03.40p) Smith, Jones & Brown (10.03.42p) NEW QUESTIONS Q3) Mirror (112 enabling or 112 indefinite) Q12) 1.131 and 1.132 Affidavits Q14) Costa Rica and Sweden – PCT Q15) Spanish Phone – Design Q19) Mexican Nationals – PCT filed in US/RO not in English Q22) Germany – PCT / Patent Term Q23) Broom Q24) Japanese Patent Qs Q25) Electric Fan Q26) Maintenance Fee Paid / Check Returned Q29) Death of inventor before application is filed Q34) Investigating Deceptive Intent Q59) PTO-892 Q61) PCT Publication in US/RO Q64) Restriction of Combinations/Sub-Combinations OTHER QUESTIONS: 1) What is needed for accelerated examination? 2) Which statements invoke 112 6th paragraph? 3) PCT - if you file at US/RO you do not need to submit the IA or wait for it to be transferred from IB to enter national stage, just pay the fee. BUT, the facts also indicated there was a correction in the inventorship of the IA that was sent DIRECTLY to the IB - so now do you need to update your IA app at the US/RO? I chose no, just pay the fee - I think somewhere in 1800 I saw that correction of inventorship on PCT should be done 4) PCT - you submit 3 corrections: (I) typo in name, (II) missing page of spec, (III) missing drawing - which corrections will be accepted? (I) will be and (II) will not; but not sure about (III)… MISC: I took the 15 minutes to write down 50 numbers as others have suggested. People haven't mentioned this - but the 1 hour break is optional. I only took a 20 minute break b/c I just wanted to get it over with. GOOD LUCK!! Passed test today. Prepared using PLI home course, followed by extensive study of old tests 2002-2003, as well as the “new questions” on this website. Guess it’s my turn to give back to the community.

Overall it was easy. I finished the morning session with about 1 hour to spare and the afternoon session with 45 min extra. Memorizing repeat questions is the key.

REPEATS (OLD):
Mario Lepieux (4.00.10a)
Smith Laminate(4.00.17a)
Foreign Patents (4.02.50a)
Notice of Appeal (4.03.8a)
Potter (4.03.12a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
Lancer Toothbrush (4.03.33a)
Board Decisions (4.03.37a)
Polypropylene range (obviousness of ranges) (4.03.44a)
New Grounds of Rejection (4.03.45a)
Interference and Reexamination (4.03.12p)
Foreign Priority (4.03.22p) POTTER – 2 VERSIONS
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Bloc; Synthetic Z (10.03.7a)
Smith / DRAM (10.03.9a)
Tribell (10.03.16a)
Correcting the Name of the Inventor (10.03.18p)
Smith & Jones… (10.03.30p)
Foreign prior art date (10.03.40p)
Smith, Jones & Brown (10.03.42p)

NEW QUESTIONS
Q3) Mirror (112 enabling or 112 indefinite)
Q12) 1.131 and 1.132 Affidavits
Q14) Costa Rica and Sweden – PCT
Q15) Spanish Phone – Design
Q19) Mexican Nationals – PCT filed in US/RO not in English
Q22) Germany – PCT / Patent Term
Q23) Broom
Q24) Japanese Patent Qs
Q25) Electric Fan
Q26) Maintenance Fee Paid / Check Returned
Q29) Death of inventor before application is filed
Q34) Investigating Deceptive Intent
Q59) PTO-892
Q61) PCT Publication in US/RO
Q64) Restriction of Combinations/Sub-Combinations

OTHER QUESTIONS:
1) What is needed for accelerated examination?
2) Which statements invoke 112 6th paragraph?
3) PCT – if you file at US/RO you do not need to submit the IA or wait for it to be transferred from IB to enter national stage, just pay the fee. BUT, the facts also indicated there was a correction in the inventorship of the IA that was sent DIRECTLY to the IB – so now do you need to update your IA app at the US/RO? I chose no, just pay the fee – I think somewhere in 1800 I saw that correction of inventorship on PCT should be done
4) PCT – you submit 3 corrections: (I) typo in name, (II) missing page of spec, (III) missing drawing – which corrections will be accepted? (I) will be and (II) will not; but not sure about (III)…

MISC:
I took the 15 minutes to write down 50 numbers as others have suggested. People haven’t mentioned this – but the 1 hour break is optional. I only took a 20 minute break b/c I just wanted to get it over with.

GOOD LUCK!!

]]> Comment on Q) PTO-892 by PCTMaster http://mypatentbar.com/2008/09/02/pto-892/#comment-3264 PCTMaster Mon, 26 Jul 2010 23:08:03 +0000 http://patentbar.wordpress.com/?p=718#comment-3264 I had this today. I chose what you guys did b/c you guys did...I have no idea what the right answer is. I passed. I had this today. I chose what you guys did b/c you guys did…I have no idea what the right answer is. I passed.

]]> Comment on Exam Questions and Concepts by DG http://mypatentbar.com/current-questions/#comment-3171 DG Sun, 25 Jul 2010 22:12:40 +0000 http://patentbar.wordpress.com/current-questions/#comment-3171 The oath or declaration may not be signed by an attorney on behalf of the inventor, even if the attorney has been given a power of attorney to do so. Opinion of Hon. Edward Bates,10 Op. Atty. Gen. 137 (1861). See also Staeger v. Commissioner of Patents and Trademarks, 189 USPQ 272 (D.D.C. 1976) and In re Striker, 182 USPQ 507 (PTO Solicitor 1973) (In each case, an oath or declaration signed by the attorney on behalf of the inventor was defective because the attorney did not have a proprietary interest in the invention.). The oath or declaration may not be signed by an attorney on behalf of the inventor, even if the attorney has been given a power of attorney to do so. Opinion of Hon. Edward Bates,10 Op. Atty. Gen. 137 (1861). See also Staeger v. Commissioner of Patents and Trademarks, 189 USPQ 272 (D.D.C. 1976) and In re Striker, 182 USPQ 507 (PTO Solicitor 1973) (In each case, an oath or declaration signed by the attorney on behalf of the inventor was defective because the attorney did not have a proprietary interest in the invention.).

]]> Comment on Q) Sally, Ted and Spot Remover (4.01.10p) by PCTMaster http://mypatentbar.com/2008/09/04/q-sally-ted-and-spot-remover-40110p/#comment-3167 PCTMaster Sun, 25 Jul 2010 05:07:25 +0000 http://patentbar.wordpress.com/?p=784#comment-3167 regardless of dates, u need to submit the statement that AT TIME OF INVENTION common owner BY INVENTOR(S) or applicant or practitioner representing applicant. Affidavits, copies of assignment records are secondary and MAY BE PROVIDED IN ADDITION TO THE STATEMENT. (I) is wrong b/c the statement doesn't say anything about at the time of invention. (II) is wrong b/c a copy of assignment alone will not suffice without statement (III) is wrong b/c statement cannot be made by the owner, must be by applicant or practitioner representing applicant. But yeah, the date typo makes it all screwed up anyways. regardless of dates, u need to submit the statement that AT TIME OF INVENTION common owner BY INVENTOR(S) or applicant or practitioner representing applicant. Affidavits, copies of assignment records are secondary and MAY BE PROVIDED IN ADDITION TO THE STATEMENT.

(I) is wrong b/c the statement doesn’t say anything about at the time of invention.
(II) is wrong b/c a copy of assignment alone will not suffice without statement
(III) is wrong b/c statement cannot be made by the owner, must be by applicant or practitioner representing applicant.

But yeah, the date typo makes it all screwed up anyways.

]]> Comment on Exam Questions and Concepts by PCTMaster http://mypatentbar.com/current-questions/#comment-3166 PCTMaster Sun, 25 Jul 2010 04:51:30 +0000 http://patentbar.wordpress.com/current-questions/#comment-3166 that would make sense then. much appreciate the clarification. that would make sense then. much appreciate the clarification.

]]> Comment on Exam Questions and Concepts by darth http://mypatentbar.com/current-questions/#comment-3157 darth Sat, 24 Jul 2010 17:42:57 +0000 http://patentbar.wordpress.com/current-questions/#comment-3157 I think the correct wording on the question should be "Claim 4 depends on Claims 2 or 3 ...Claim 6 depends on claims 2, 3 or 5" which would make 8 the correct answer. That's the way it was on my test anyway. I think the correct wording on the question should be “Claim 4 depends on Claims 2 or 3 …Claim 6 depends on claims 2, 3 or 5″ which would make 8 the correct answer. That’s the way it was on my test anyway.

]]> Comment on Exam Questions and Concepts by PCTMaster http://mypatentbar.com/current-questions/#comment-3155 PCTMaster Sat, 24 Jul 2010 08:51:43 +0000 http://patentbar.wordpress.com/current-questions/#comment-3155 answer is (A). See Anticipated under 102(e) (10.03.17p) answer is (A). See Anticipated under 102(e) (10.03.17p)

]]> Comment on Exam Questions and Concepts by PCTMaster http://mypatentbar.com/current-questions/#comment-3153 PCTMaster Sat, 24 Jul 2010 05:35:19 +0000 http://patentbar.wordpress.com/current-questions/#comment-3153 Q5: why not 5 (answer a)? claim 1: ind, so ignore claim 2: counts as 1 dep on claim 3: counts as 1 dep claim 4: counts as 1 dep b/c it is improper multiple dep claim claim 5: counts as 1 dep claim 6: counts as 1 dep b/c it is improper multiple dep claim thanks Q5: why not 5 (answer a)?
claim 1: ind, so ignore
claim 2: counts as 1 dep on
claim 3: counts as 1 dep
claim 4: counts as 1 dep b/c it is improper multiple dep claim
claim 5: counts as 1 dep
claim 6: counts as 1 dep b/c it is improper multiple dep claim

thanks

]]> Comment on Exam Questions and Concepts by darth http://mypatentbar.com/current-questions/#comment-3149 darth Sat, 24 Jul 2010 03:19:28 +0000 http://patentbar.wordpress.com/current-questions/#comment-3149 you're right sp 41.33 (a) applies with that fact pattern not (b) you’re right sp 41.33 (a) applies with that fact pattern not (b)

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