Repeat Questions

653 comments

Below are the specific questions that recent test takers have indicated are currently in the computerized Patent Bar Exam database.  Remember that some “repeat” questions are not verbatim. The law may have changed, and according to exam takers, the PTO has altered/updated old questions for the current exam.  Please note that I have organized the questions by exam month, year, and am (a) or pm (p). For example, repeat question #46 from the April 1999 AM Patent Bar Exam is referenced as 4.99.46a.

Repeat Questions on the Exam

Parenthesis means that the question may be altered and probably not verbatim. An asterisks indicates numerous individuals from the forum have reported that question on their exam. For your convenience, I have added links for all of the repeat patent bar exam questions and their model answers.

2000 April (am) 6, 9, 10*, 11*, 14, 17*, (23)*, 24*, 27*, 32, 34, 36*, 42*, 47

Product by Process (4.00.6a)
Restriction (4.00.9a)
Mario Lepieux (4.00.10a)
Laurel, Abbot and Hardy (4.00.14a)
Smith Laminate(4.00.17a)
Tommie and Jo(4.00.23a/4.00.24a)
Bond 60%C or 60%D (4.00.27a)
Obviousness (4.00.32a)
Declassified Reference (4.00.34a)
Make a Patent Application Special (4.00.36a)
Prior Art (4.00.42a)
Reexamination (4.00.47a)

2000 April (pm) 19, 21, (28), 41, 44*

Federal Court Decisions binding for Office (4.00.19p)
Grape Squeezing (4.00.21p)
Claims stand or fall (4.00.28p)
102(b) dates (4.00.41p)
102 (f) (4.00.44p)

2000 October (am) 2*, 16, 23

XYZ/ABC Appeal (10.00.02a)
Prior Art (10.00.16a)
Mitch and Mac (10.00.23a)

2000 October (pm) 50

Claims (10.00.50p)

2001 April (am) 23, 40

Mitch and Mac (4.01.23a)
Jack and Jill in Vietnam (4.01.40a)

2001 April (pm) 10

Sally, Ted and Spot Remover (4.01.10p)

2001 October (am) 5, 6*, (11), 14, 24, 26*, 30

MEGACORP (10.01.5a)
35 USC 101 (10.01.6a)
Final Office Action (10.01.11a)
Written Description (10.01.14a)
Able and Baker (10.01.24a)
35 USC 103, 102(f) and 102 (g) (10.01.26a)
Obviousness (10.01.30a)

2001 October (pm) 1, 3, 46

A, B, C and D (10.01.1p)
Smith’s Drawings (10.01.3p)
Affidavits (10.01.46p)

2002 April (am) 11, 16*, 24, 32, 36*, 44, 50*

35 USC 102(e) (4.02.11a)
37 CFR 1.8 and 1.10 (4.02.16a)
Mr. Brick (4.02.24a)
Johnnie and Floor Tile (4.02.32a)
Claims (4.02.36a/10.00.50p)
Signing Inventors (4.02.44a)
Foreign Patents (4.02.50a)

2002 April (pm) 2, 4, 11, 18, 19, 20, 22, 24*, (37)*, 38*

RCE (4.02.2p)
Diligence (4.02.4p)
Henrietta’s Camera (4.02.11p)
Roger Rocket (4.02.18p/4.02.19p/4.02.20p)
Smartner’s Cell Phone (4.02.22p)
New Matter (4.02.24p)
Hair Gel (4.02.37p)
Smith and Jones (4.02.38p)

2002 October (am) 1, 2, 6, 8*, (12)*, 17, 18, 21*, 30*, 34, 46, 49*, 50

Non-Signing Inventor (10.02.1a)
Lack of Possession 112 (10.02.2a)
37 CFR 1.131 – MPEP 715 (10.02.6a)
Double Patenting (10.02.8a)
Broadening Reissue (10.02.12a)
102 dates (10.02.17a)
Bird Watching (10.02.18a)
Public Inspection (10.02.21a)
Dead Inventors (10.02.30a)
Omitted Items (10.02.34a)
Third Party Submissions (10.02.46a)
Facsimile Transmissions (10.02.49a)
Reissue (10.02.50a)

2002 October (pm) 1, 5, 8, 14, 16, 34, (43), 46, (47)

35 USC 119(a) (10.02.1p)
Duty to disclose (10.02.5p)
35 USC 112 p1 (10.02.8p)
Provisional Patents (10.02.14p)
Original disclosure (10.02.16p)
Express mail (10.02.34p)
Nylon Rope and Tent Fabric (10.02.43p/04.01.20a/11.99.2a)
Protest (10.02.46p)
Apex and Pinnacle Mfg. Corps. (10.02.47p)

2003 April (am) 1*, 2*, 5, 8*, 11, 12*, 17, (19), 21, 22, 23, 25*, 26, 29*, 30, (31), 33*, 36, 37*, 39, 40, 41, 42, 44*, 45*, 47, 49

Reduction to Practice (4.02.1a)
nonpublication request/45 days (10.03.44a/4.03.2a)
File by Fax (4.03.5a)
Notice of Appeal (4.03.8a)
Certificate of Correction (4.03.11a)
Potter (4.03.12a)
Best Mode (4.03.17a)
Interview (4.03.19a)
New Matter (04.03.21a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
Practitioner Conduct (4.03.23a)
Board of Appeals Remanding case to the Examiner (4.03.25a)
IDS after Notice of Allowance (4.03.26a)
Certificate of Mailing (4.03.29a)
Verification (4.03.31a)
Inert gas (4.03.30a)
Lancer Toothbrush (4.03.33a)
Mike and Alice are Shipwrecked (4.03.36a)
Board Decisions (4.03.37a)
Time for Filing an Appeal Brief (4.03.39a)
Provisional Filing Requirements (4.03.40a)
Obvious (04.03.41a)
Rejection, 35 USC 102(e) (4.03.42a)
Polypropylene range (obviousness of ranges) (4.03.44a)
New Grounds of Rejection (4.03.45a)
Claims may Not Contain (4.03.47a)
Enabling Disclosure (4.03.49a)

2003 April (pm) 3, 4*, 5, 12, 13, 14, 15, 16, 19, 20, 22*, 21*, 23*, 2832, 36, 38, 40, 41, 42, 44, 45, 46, 48*

Prior Art under 102(d) (4.03.3p)
Final Rejection Period for Reply (4.03.4p)
35 USC 102(a) Rejection (4.03.5p)
Interference and Reexamination (4.03.12p)
Small Entity Status (4.03.13p)
Broadening Reissue (4.03.14p)
Inventor (4.03.15p)
Copper substrate (10.03.4a/4.03.16p)
35 USC101 (4.03.19p)
Interviews (4.03.20p)
Petition to make Special (4.03.21p)
Foreign Priority (4.03.22p)
Appeal Brief (4.03.23p)
147 Claim Counting (10.03.50a/4.03.28p)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Public Use (4-03-36p)
Amendment after Appeal (4.03.38p)
Incorporation by Reference (4.03.40p)
112 second paragraph (4.03.41p)
Claim anticipation (4.03.42p)
Practice (4.03.44p)
Prior Art after Notice of Allowance (4.03.45p)
Printed Publication (4.03.46p)
Canceled matter as PA (4.03.48p)

2003 October (am) 3*, 4, 5, 6*, 7*, 8*, 9*, (10)*, (11), (12) , 13, 14, 15, 16*, 17, (19)*, 20*, 21, 22, (23)*, 24*, 26, 28, 29, 30, 31, 32, 33, 34, 36*, 37, (38)*, (39), (41), 42*, 44*, 46, 49, 50

Interviews (10.03.3a)
Copper substrate (10.03.4a/4.03.16p)
103 Prior Art (10.03.5a)
Reexam Extension of Time (10.03.6a)
Bloc; Synthetic Z (10.03.7a)
35 USC 102(d) (10.03.8a) variation
Smith / DRAM (10.03.9a)
112, second paragraph (10.03.10a)
prior art exclusion of 35 USC 103(c) (10.03.11a)
Inventor Refused to Sign (10.03.12a)
Small Entity Fee (10.03.13)
Antisense Technology (10.03.14a)
Reply to a Second Action Final Rejection (10.03.15a)
Tribell (10.03.16a)
Obvious widget (10.03.17a)
35 USC 102 (10.03.19a)
Missing Drawing (10.03.20a)
Anticipation (10.03.21a)
Public Access (10.03.22a)
Five Steps to Cross a Road (10.03.23a)
Door Handle (10.03.24a)
Supplemental oath as an amendment (10.03.26a)
Shopping Cart Insert (10.03.28a)
Publications as References (10.03.29a)
Prior Art (10.03.30a)
Hydrocyclone (10.03.31a)
Enablement (10.03.32)
Antecedent Basis (10.03.33a)
Late IDS when client knew about PA all along (10.03.34a)
RCE During Appeal (10.03036a)
Allowance after abandonment after appeal (Variation on 10.03.38a)
Overcoming a Rejection based on 102(e) (10.03.39a)
Dependent Claim (10.03.41a)
Restriction Appeal (10.03.42a)
Foreign Filing without Publication (10.03.44a)
Printed Publication (10.03.46a)
Indefinite Claim (10.03.49a)
Claim Counting (10.03.50a)

2003 October (pm) 1, 2*, (4)*, 6*, 7*, 8*, 10, 11*, 13*, 15, 16*, 17*, 18*, (19), 20*, 21*, 22, 23, 24*, (25)*, (27)*, 28*, 29, 30, 31*, 32, 34, 36, 37, 38*, 37, (39)*, 40*, (41)*, 42, (43), 44, 45, (46)*, 47, 50

NonProvisional Filing Date (10.03.1p)
ABCD/ABCDE/BCDE (10.03.2p)
Invitation to Correct PCT Application (10.03.4p)
Moondust (10.03.6p)
Anticipation / Inherency (10.03.7p)
Diligence (10.03.8p)
3rd Party Submission – Japanese publication (10.03.10p)
Broadening Reissue (10.03.11p)
Product-by-Process Claims (10.03.13p)
National Stage by Fax (10.03.15p)
103 Obviousness (10.03.16p)
Anticipated under 102(e) (10.03.17p)
Correcting the Name of the Inventor (10.03.18p)
Prior Art Reference (10.03.19p)
102 Rejections (10.03.20p)
Reply to non-final rejection (10.03.21p)
Which, if any: Chapter 600 (10.03.22p)
Prior Art Disclosed in Abstract (10.03.23p)
Foreign Priority (10.03.24p)
Added Claims in CIP (10.03.25p)
Design Patent in Country X (10.03.27p)
Parking Meter (10.03.28p)
Filing date (10.03.29p)
Smith & Jones… (10.03.30p)
Nonprovisional Filing Date Requirements (10.03.31p)
Verification Statement (10.03.32p)
Certificate of Mailing (10.03.34p)
Affidavit 1.131 (10.03.36p)
Claims lack utility (10.03.37p)
Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
Filing Date (10.03.39p)
Foreign prior art date (10.03.40p)
Restriction (10.03.41p)
Smith, Jones & Brown (10.03.42p)
App Data Sheet (10.03.43p)
Claim Interpretation (10.03.44p)
Smith over Jones, Appeal (10.03.45p)
Toy plane with Foil Wings (10.03.46p)
Public Use (10.03.47p)
Ex Parte Rejection (10.03.50p)

{ 1 trackback }

Passing Grade « Legal Alien's Law School Blog
July 7, 2010 at 11:59 pm

{ 652 comments… read them below or add one }

1 patentbarNo Gravatar August 1, 2008 at 6:14 pm

Repeats that appeared on a July 2008 exam.

OCT 03 AM: 3, 7, 11, 13, 16, 19, 24, 26, 38, 44
OCT 03 PM: 6, 19*, 29, 38, 50
* = slight variation

Reply

2 patentbarNo Gravatar August 2, 2008 at 11:58 am

more repeats from an August 2008 exam
Oct 2003 AM: 3, 7, 8, 9, 12, 16, 23 (revised), 34, 44, 46
Oct 2003 PM: 2, 6, 11, 13, 18, 29, 38, 42

Reply

3 patentbarNo Gravatar September 2, 2008 at 2:14 pm

Oct 03 AM: 19 (variation. Choice D was diff but the answer was still E), 23, 24, 36, 38 (variation), 44,
Oct 03 PM: 4 (had a couple variations), 8, 15, 16, 17, 28, 38, 39 (variation), 41 (variation, same concept of having to elect no matter what)
April 03 AM: 8, 12, 25, 37, 45
April 03 PM: 21, 38 (correct answer was different, it was switching indep to dep i believe),
Oct 02 AM: 12 (variation, filing reissue outside two years fine if no broading, just to add inventor)
April 02 PM: 37 (variation, the hairgel question seems like the same thing as this. They offer intres exam but it was before the date it started so exparte was the answer)
April 00 AM: 24 (tommie and jo where answer is E, none), 27, 36, 42

Reply

4 patentbarNo Gravatar September 2, 2008 at 2:20 pm

Hair Gel with Buzzy, Supercuts, and Razorcuts
1) This is nearly identical in concepts tested to the Einstein / Weisman football pads question in (I think) April 2002

Reply

5 patentbarNo Gravatar September 2, 2008 at 2:27 pm

# 2000 APR AM: 6, 9, 17, 23, 32, 34, 42, 47
# 2000 APR PM: 41
# 2000 OCT AM: 2
# 2002 APR PM: 24

Reply

6 patentbarNo Gravatar September 2, 2008 at 2:29 pm

October 2001 AM – 6, 26
October 2001 PM – 1, 3, 46
April 2002 AM – 16, 36
April 2002 PM – 2, 4, 11, 18, 19, 38
October 2002 AM – 8, 21
October 2002 PM – 1, 8, 14, 34, variants of 43 and 47
April 2003 AM – 1, 17, variant of 19, 26, 29, question similar to 31, 33, 36, 37, 40, 41, 47, 49
April 2003 PM – 3, 5, 14, 15, 19, 20, Potter (either 22 or April 2003 Q. 12), 23, 36, 41, 45
October 2003 AM – 7, 16, variant of 19 with lengthy fact pattern, 20, 23, 24, 42, 46, 49, 50
October 2003 PM – 2, 6, 7, 8, 17, 24, 18, 25, 30, 31, 38, 40

Reply

7 patentbarNo Gravatar September 2, 2008 at 2:29 pm

The Laurel, Abbott, Hardy, Costello and Burns question is from April 2000 AM, Question 14.

Reply

8 patentbarNo Gravatar September 2, 2008 at 2:54 pm

Number 38 from Oct/2003 AM
17, 37, 38, 41, Oct/03 PM
8, 25, 37, April/03 AM
Variation of 37 October/02 PM

Reply

9 patentbarNo Gravatar September 2, 2008 at 2:55 pm

October 2003 am repeats:
6. Two months to reply in reexam/unavoidable delay
7. Compound Y/cancer cure
13. Fee not reduced for small entity/recording a document affecting title
16. Tribell
24. Means for pulling open the door/replace with structure in claim
34. IDS after notice of allowance (oops, I gave the wrong answer!)
38. Board rejects claim 1 /Claim 2 depends on claim 1/Claim 3 allowed
44. Japan/45 days

October 2003 pm repeats:
6. Moon dust pencil/no duty to disclose
50. 102(g) ex parte rejection

April 2003 AM repeats:
2. Japan/45 days
4. Markush
8. Twice rejected concept (variation)
26. IDS after notice of allowance (variation)
37. Appeal affirms rejection/results in abandonment
41. Barry in view of Foreman

October 2002 am repeats:
18. Thomas/Roland/WTO/NAFTA (variation?)

Others:
Two month rule
40% ownership XYZ/60% ownership PQ/two inventors/double patenting: who must sign terminal disclaimer?
Claiming priority from foreign filing of design patent/6 month rule
Combination lacks specificity as way to overcome rejection
Failure of examiner to establish prima facie case of obviousness
At least one question involving correcting drawings without losing priority
One question involving invalid mailing from foreign office
One question involving concept that ADS is not required
About 7 PCT questions (at least two involved requirements for entering U.S. national phase; at least one involved maintaining foreign priority)

Reply

10 patentbarNo Gravatar September 2, 2008 at 2:56 pm

There was a similar question on the April 2002 AM exam. It was question 32.

It talks about a floor tile coating. He put it on the floor of his supermarket. The model answer says “public use occurs even when the public is unaware that they were walking on the
developed material since the material was used in a public place.”

Reply

11 patentbarNo Gravatar September 2, 2008 at 2:57 pm

OCT 2002 AM: 1, 6, 34, 49
OCT 2002 PM: none
APR 2002 AM: none
APR 2002 PM: 24

Reply

12 patentbarNo Gravatar September 2, 2008 at 2:58 pm

Oct 03 AM – 6 ,7 ,16, 19, 26,31, 44, 41(Variant)
Oct 03 PM – 2, 6, 13, 16, 28, 29, 32
Apr 03 AM – 1, 2, 12, 22, 25, 31
Apr 03 PM – 4, 12, 13
Oct 01 AM – 30

Reply

13 patentbarNo Gravatar September 2, 2008 at 2:58 pm

OCT 03(am): 3,19,23,24,36,38,44
OCT 03 pm:17,21,38
Apr 03 am: 8,25,21,42
apr 02pm:37
apr 00 am: 17,27
apr 00 pm:44

Reply

14 patentbarNo Gravatar September 2, 2008 at 3:00 pm

Apr AM 02: 50
Apr PM 02: 22
Oct AM 02: 18, 21, 30
Oct PM 02: 46

Reply

15 patentbarNo Gravatar September 2, 2008 at 3:01 pm

Apr 2001 AM 23
Oct 2000 AM 23

Reply

16 patentbarNo Gravatar September 2, 2008 at 3:01 pm

Oct 01 AM
5 14 24
Apr 02 AM
50
Oct 02 AM
1 version 21
Oct 02 PM
5 version 16 version
Apr 03 Am
2 8 22 30 31 37 44
Apr 03 PM
3 version 11 12 16 28 32
Oct 03 AM
4 6 version 7 8 9 22 23 36 44 50
Oct 03 PM
2 4 10 13 14 17 32 38 40 43

Reply

17 RishiNo Gravatar December 29, 2008 at 6:27 pm

Are these questions on the real Patent bar exam?
Rishi

Reply

18 NoriNo Gravatar January 3, 2009 at 8:35 pm

>>Rishi

Well, this is all the problems from the prior tested exams.
I’m assuming your questions of “Are they still tested in recently?”

The answer would be
“May be, May be not”

These are what people claimed to have seen on the exam.
All we can do is make sure to master all the problems from previous tests,
and make sure to know ESPECIALLY the ones claimed by past takers.

I’m taking the test with review from PATBAR.COM and this site mainly in a few weeks….
hope to pass the first try

oh, and by the way, I’ve already exceeded 600hrs of study time…….
Many sites claim 150hrs of study time to be sufficient……Yea right….
Ordinary people like me needs waaaay more then 150hrs

This site has really good quick review made by the host, and posts by others really help me get the idea of what the test is like.

Good luck to all who’s taking the test soon, and congrats to those who’ve passed.

Reply

19 PLI GuyNo Gravatar February 20, 2009 at 9:54 am

Is there a May 2001 Exam? I’m using PLI to study and it has an option to take a May 2001 exam, but I’ve never seen this exam on other websites such as this one.

Reply

20 SeanNo Gravatar April 23, 2009 at 5:00 pm

How come some of the questions are not available here? Just curious. Thank you.

Reply

21 SamNo Gravatar May 20, 2009 at 1:47 pm

Is it worth reviewing the 97 and 98 exams? I briefly reviewed 97 and it is quite different from the current exam questions.

Thanks

Reply

22 triedandtestedNo Gravatar May 20, 2009 at 10:41 pm

I think the 97 PM exam has old format testing. You can do it if you want to learn about claims and amendments.

Reply

23 MnGirlNo Gravatar March 21, 2012 at 12:36 am

I would say no. Spend your time memorizing the 2002 and 2003 exams.

24 triedandtestedNo Gravatar May 22, 2009 at 9:09 pm

2001 October (am) – question on 102(f) and (g) is redirecting to
‘Wordpress” – what is that???

Reply

25 lucNo Gravatar June 9, 2009 at 7:22 pm

I am looking for the PLI course/software… I can pay about 500$… let me know if interested…

please write at luc347@yahoo.com

Reply

26 msNo Gravatar June 21, 2009 at 10:21 am

For April 2003 AM – Question 11:

In accordance with the USPTO rules and procedures set forth in the MPEP, a Certificate of Correction effectuates correction of an issued patent where:

(A) Through error and without deceptive intent, there is a failure to make reference to a prior copending application according to 37 CFR 1.78, and the failure does not otherwise affect what is claimed, but the prior copending application is referenced in the record of the application, and a petition under 37 CFR 1.324 and appropriate fees were filed.
(B) Through error and without deceptive intent, a preferred embodiment that materially affects the scope of the patent was omitted in the original disclosure in the filed application, and a petition under 37 CFR 1.324 and appropriate fees were filed.
(C) Through error and without deceptive intent, a prior copending application is incorrectly referenced in the application, the incorrect reference does not otherwise affect the claimed subject matter, and the prior copending application is correctly identified elsewhere in the application file, and a petition under 37 CFR 1.324 and appropriate fees were filed.
(D) Through error and without deceptive intent, an inventor’s name is omitted from an issued patent, a petition under 37 CFR 1.324 and appropriate fees were filed, and the petition was granted.
(E) (A), (C) and (D).

The correct answer was E. However CFR 1.324 is only for correcting inventorship. Shouldn’t choices A and C read CFR 1.323? Is this a beta question, an artifact from the ‘02 MPEP, or possibly an error?

Reply

27 scruffNo Gravatar July 13, 2009 at 10:02 pm

MS-

I think you’re right. MPEP 1402: “The most common bases for filing a reissue application are:


D) applicant failed to make reference to or incorrectly made reference to prior copending applications.”

Reply

28 LawStudentNo Gravatar August 13, 2009 at 9:00 pm

http://exam.freepatentbar.com/chalkboard/april-2003-pm/24

Is this problem right? It says the answer is A, but wouldn’t A be wrong because it is lacking the statement required by 37 CFR 1.97(e)?

I initially chose E on this problem.

Any advice would be appreciated.

Reply

29 RandyNo Gravatar August 15, 2009 at 5:09 pm

I believe that answer A is correct in light of the request for continued examination combined with the IDS. The RCE restarts the clock for IDS submission requirements to 37 CFR 1.97(b)(4) – “Before the mailing of a first Office action after the filing of a request for continued examination under § 1.114.”

In the absence of an RCE, the IDS would have have to be accompanied by the fee and 1.97(e) statement required by 37 CFR 1.97(d).

Reply

30 balokNo Gravatar August 31, 2009 at 11:51 pm

I’m not sure that I understand the answer to question #44 from the October 03 AM exam:
44. A registered practitioner filed in the USPTO a client’s utility patent application on December 30, 2002. The application was filed with a request for nonpublication, certifying that the invention disclosed in the U.S. application has not and will not be the subject of an application in another country, or under a multilateral international agreement, that requires eighteen month publication. Subsequently, the client files an application in Japan on the invention and some recent improvements to the invention. The improvements are not disclosed or supported in the utility application. Japan is a country that requires eighteen month publication. Two months after filing the application in Japan, and before filing any other papers in the USPTO, the client remembers that a nonpublication request was filed and informs the practitioner about the application that was filed in Japan. Which of the following courses of action is in accordance with the patent laws, rules and procedures as related in the MPEP?

(A) The application is abandoned because the practitioner did not rescind the nonpublication request and provide notice of foreign filing within 45 days of having filed the application in Japan. The applicant must now file a petition and fee to revive under 37 CFR 1.137(b).
(B) The application is abandoned because the applicant did not rescind the nonpublication request before filing the application in Japan. The applicant must now file a petition and fee to revive under 37 CFR 1.137(b).
(C) The applicant should file an amendment to the specification of the U.S. application, adding the recent improvements to the disclosure in the specification.
(D) The application is abandoned because the applicant did not rescind the nonpublication request by notifying the Office under 37 CFR 1.213(c) within the appropriate time. The applicant must now file a petition and fee to revive under 37 CFR 1.137(b).
(E) The applicant could today notify the USPTO of the foreign filing. It is not necessary to file a petition and fee to revive for the application to continue to be examined in the USPTO.

The correct answer is “A.” What is the difference between “did not rescind the nonpublication request and provide notice of foreign filing” (answer A) and “did not rescind the nonpublication request by notifiying the office under 37 CFR 1.213(c)” (answer D)? 37 CFR 1.213(c) basically quotes the 45-day limit of 35 USC 122 (b)(2)(B)(iii). Neither the patent rules nor the law says anything about having to rescind the nonpublication request in order to avoid abandonment. What am I missing here?

Reply

31 lets goNo Gravatar June 21, 2010 at 6:56 pm

The Question #2 from the April 2003 (AM) and the question #44 from the October 03 AM exam are the same but have different answer.

For Question #2 from the April 2003 (AM), it says the ANSWER: (A) and (D) are accepted as the correct answers. However for Question #44 from the October 03 AM, the correct answer is “A.”

Then which one is right?

Reply

32 Sid KapoorNo Gravatar March 21, 2011 at 8:11 pm

Answer is “A” for this question as stated in section 1123 of MPEP (pg. 1100-17) B(iii) requirement.

33 richNo Gravatar September 13, 2009 at 1:25 pm

There is a notice of foreign filing required in addition to the recission of nonpublication. One is not effective without the other, and the 45 day rule requires both.

Reply

34 BalokNo Gravatar September 14, 2009 at 5:26 am

But 37 CFR 1.213(c) says:
(c) If an applicant who has submitted a nonpublication request under paragraph (a) of this section subsequently files an application directed to the invention disclosed in the application in which the nonpublication request was submitted in another country. . .the applicant must notify the Office of such filing within forty-five days after the date of the filing of such foreign or international application.

How is the requirement that “the applicant must notify the Office of such filing within forty-five days” different from “providing notice of foreign filing”? When I got this question two weeks ago, I just answered “A” without worrying about why. It must have worked, since I got a preliminary grade of “pass.”

Reply

35 pat_esqNo Gravatar January 21, 2010 at 9:59 pm

I just took the Patent Bar today and PASSED! I used the resources from this site, past exams (especially the 2003 ones), and lots and lots of practice.

On the exam today:
04/03 AM: 2, 22, 30, 31,
04/03 PM: 12, 16, 28, 32, 48
10/03 AM: 4, 6, 7, 8, 9, 13, 18, 23, 34, 36, 44, 50
10/03 PM: 2, 4, 10, 13, 14, 24, 32, 40, 43
Laurel, Abbot, Hardy

New Questions:
Trade Secret
Spanish Phone (CIP version)
Correction Of Inventorship
Piecemeal
Hairgel
Lip Gloss (gag version)
Competitor’s Information
Maintenance Fee
Japan 45 Days
Best Mode
Mirror (parallel, perpendicular)

There was a Schmidt question, I don’t remember the details, but I do remember it was tricky. Hopefully other posters can fill in the details here.

Once again, thank you to everyone who posted before me. This site was a tremendous help to passing the exam. I encourage everyone to keep it going.

Reply

36 dkNo Gravatar February 20, 2010 at 4:27 pm

Please can someone tell me the correct answer for this question. I was thinking that this is 101 issue but the answer is D as per PLI.

QUESTION

20. During his summer vacation to the mountains, Eric discovered and isolated a microorganism which secretes a novel compound. Eric purified and tested the compound in tumor-containing control mice and found that the tumors disappeared after one week; whereas tumor-containing mice which did not receive the compound died. Eric was very excited about his results and so he did a few additional experiments to characterize the microorganism and the compound which it was secreting. Eric determined that the microorganism was an S.spectaculus, and that the secreted compound was so unlike any other compounds that Eric named it spectaculysem. Eric told his friend Sam about his discovery, who urged him to apply for a U.S. patent on the microorganism and the secreted product. Eric did so, but to his amazement, a primary examiner rejected all the claims to his inventions. Which of the following, if made by the examiner, would be a proper rejection in accordance with USPTO rules and procedures set forth in the MPEP?

A. The examiner’s rejection of the claims to the microorganism under 35 USC 101 as being unpatentable because microorganisms are living matter and living matter is non-statutory subject matter.

B. The examiner’s rejection of the claims to the compound under 35 USC 101 as having no credible utility because Eric has only tested the compound in mice and curing mice of cancer has no “real world” value. The examiner also states that Eric must demonstrate that the compound works in humans in order to show that it has a patentable utility.

C. The examiner’s rejection of the claims to the compound under 35 USC 103, stating that it would have been obvious to one of ordinary skill in the art to test the by product of a newly-discovered microorganism for therapeutic uses.

D. The examiner’s rejection of the claims to the microorganism under 35 USC 102/103 over a reference which teaches an S. spectaculus microorganism stating that Eric’s claimed microorganism is the same as, or substantially the same as, the microorganism described in the prior art.

E. None of the above.

Reply

37 BalokNo Gravatar February 22, 2010 at 6:05 am

The issue of patentability of microorganisms is discussed in MPEP 2105. Living matter is not necessarily unpatentable (Diamond v. Charkabarty) — only *naturally occurring* living matter is unpatentable as its isolation does not include inventive activity. Genetically engineered microorganisms are not inherently unpatentable. Thus, A cannot be the correct answer.

Demonstrating that a pharmaceutical has activity in animals is evidence of credible utility, so B cannot be the correct answer.

“Obvious to try” is considered equivalent to “obvious” only if there are a “finite number of identified, predictable solutions, with a reasonable expectation of success” (MPEP 2143); in this case, there may be any number of new, unknown compounds secreted by the microorganism, and there is no expectation that any of them will have any utility against cancer. Thus, C cannot be the correct answer.

Since the microorganism is already known in the prior art, it is likely that any compound that it produces can be extracted from it by methods that are known in the art. Note that according to the fact pattern, only the compound was claimed, not its use as a cure for cancer. Therefore, the examiner is justified in rejecting the claims on the basis of 35 USC 102/103, and D is a correct answer.

Since D is correct, E obviously cannot be.

You are correct that the patent could have been rejected under 35 USC 101 since the microorganism is not genetically engineered, but that option was not one of the choices presented. The question doesn’t ask which of the following would be the *only* proper rejection, only which of them would be *a* proper rejection.

Reply

38 SNo Gravatar March 19, 2010 at 3:17 pm

Third party submissions….610, 37 CFR 1.99

Does the version of MPEP currently tested on have 610? I seem to be using v8 r4.

Thank you.

Reply

39 adminNo Gravatar March 23, 2010 at 11:45 pm

Yes, I didn’t notice any difference in the questions because the revisions are obscure, but the MPEP version for question lookup was R4.

Reply

40 patjdNo Gravatar March 25, 2010 at 3:34 pm

I passed last week, thanks for the great site.

I am selling my almost entirely unused PRG study materials. This includes: 1) All 4 volumes of volumes of “Patent Practice” textbook,
2) Printed practice questions corresponding to each volume of “Patent Practice,”
3) CD-ROM with over 2,000 practice questions (really helpful),
4) Printed version of MPEP (4 large binders),
5) PRG’s “Latest Tips and Tricks for Success” for passing the patent bar on your first try, and
6) Binder with all handouts from class and my notes.

Price is 750 (paid almost 3,000).

Please respond to this thread if interested.

Reply

41 StephenNo Gravatar April 7, 2010 at 7:31 pm

Passed today

Had a few repeats but not that many it seemed. A lot of appeal, reexam and PCT questions.

Repeats:
Mario Lepieux (4.00.10a)
Japanese Patent PCT (45days)
Smith over Jones, Appeal (10.03.45p)
Moondust (10.03.6p)
Bloc; Synthetic Z (10.03.7a)
Substrates with the two layers, prior art had three layers.

Reply

42 adminNo Gravatar April 7, 2010 at 8:16 pm

Stephen,
Congratulations and thanks for posting.
Any New questions that you can remember?

Reply

43 zenaNo Gravatar April 12, 2010 at 5:18 pm

Hi,

I have just started studying for the exam, and am very confused on the basics. For example, Question 29 of April 17, 2002 afternoon exam is about pending published application. The answer states “Inspection of the application file of a pending application is not permitted. A member of the public may request only copies of the application file”
What is the difference between “inspection” and “requesting copy” of an application file?
Thank you so much!

Reply

44 NicoleNo Gravatar April 17, 2010 at 6:07 pm

Hello all, this is a fantastic site that will really help you prepare for the exam.

I took the exam for the second time yesterday and passed! The first time I took the exam I studied by reviewing a used PLI bar course that I bought (and am now selling on craigslist!) and missed it by 3 points. I really didn’t do any old exams. To prepare this time, I ignored those materials and did the exams from 2000 – 2003, each about 20 times. I didn’t use the MEP, but rather went through the exams blindly relying only on what I knew. I was scoring about 60-65 on each exam the first time through. Then I went through and read all the answers and learned the concepts in this way.

By the time the test rolled around, I knew all the concepts and could go through an exam in 1.5 hours and understand all the concepts. It’s all about repetition. It truely helped me more than any other technique. Use the MPEP as reference, but not a crutch; learn the concepts independantly and you’ll realize that it’s pretty easily to narrow down the answers.

Many people say that a lot of the exam questions are repeated, and honestly I had only about 10 repeat questions on my exam yesterday, and I knew all the old questions. I won’t relist them, they are all on this site. Rather, they recycled the concepts in different questions. Most of my exam questions were totally new though. Good luck to everyone, and if anyone has questions, let me know, I’ll be happy to tell you anything I remember.

Nicole, Pittsburgh PA

Reply

45 adminNo Gravatar April 19, 2010 at 10:00 am

Nicole,
Congratulations on passing the exam!

Can you remember 1 or 2 of the new questions?

Thanks and good luck in your new career.

Reply

46 NicoleNo Gravatar April 19, 2010 at 12:27 pm

Thank you, I don’t really remember a lot, but here’s the little bit that’s left:

I was extremely worried aobut questions on PCt, and thankfully had very few of them, none were new–the questions about Japan (45 days), Costa Rica, Sweden, and Germany. I had two questions about protest, section 1900. I hadn’t seen either of them before, dealing with proper procedure for protest, when to submit a protest, who can do so, what must be submitted. Several assignment questions; one dealt with what an assignee could do–the answer was that an assignee couldn’t sign a small entity status document, another question dealt with what documents were needed for an assignement.

I’m sorry, I don’t remember the specifics, but I didn’t have any trouble with the questions, they were very easy to look up. There were only a few that I really didn’t have time to make sure were correct. Honestly, learn as many questions as possible, so that if you do have repeat questions you can get through them very quickly and can spend time on questions that are new. This is not to say however you shouldn’t read all the questions on the exam; small details are sometimes changed.

Good luck everybody, if I think of anything else, I will definitely post again.

Reply

47 adminNo Gravatar April 19, 2010 at 2:59 pm

Thank you, Nicole!!!
Best of luck to you!

Reply

48 GTpatentNo Gravatar May 3, 2010 at 3:08 pm

Passed today on my first attempt, thanks in largest part to this website. Thank you for putting it together! I saw the following repeats on the Exam today. A few were slightly modified. For the most party, though, they questions and answer choices were reproduced word-for-word.

Laurel, Abbot and Hardy (4.00.14a)
Smith Laminate(4.00.17a)
Federal Court Decisions binding for Office (4.00.19p)
Protest (10.02.46p)
Potter (4.03.12a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
IDS after Notice of Allowance (4.03.26a)
Verification (4.03.31a)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Copper substrate (10.03.4a/4.03.16p)
Reexam Extension of Time (10.03.6a)
Inventor Refused to Sign (10.03.12a)
Tribell (10.03.16a)
Hydrocyclone (10.03.31a)
ABCD/ABCDE/BCDE (10.03.2p)
Moondust (10.03.6p)
Design Patent in Country X (10.03.27p)
Verification Statement (10.03.32p)
Toy plane with Foil Wings (10.03.46p)

Reply

49 SallyNo Gravatar May 3, 2010 at 7:19 pm

Congrats! GT
Any new ?’s you can remember?

Reply

50 AmyNo Gravatar May 4, 2010 at 3:03 am

I bought PLI’s homestudy course a few years ago. They gave me the MPEP Edition 8, Revision 3. I know that they are now testing the new Revision, but does anyone know if this is still an acceptable version/study kit to use? Thanks so much!

Reply

51 SNo Gravatar May 4, 2010 at 8:52 am

I downloaded the MPEP v8 r4 for free. Though there is a link to that on this website, there is no downloadable version here. From my understanding, it is better to use a downloadable version, for a better simulation of the exam.

Reply

52 VramaNo Gravatar May 10, 2010 at 10:41 pm

I just took the test, and passed!

While I apologize and don’t remember the repeat questions, my main recommendation would be to study the 4 2003 tests completely. Also, in addition to those questions, I’d also make sure that you know 1800 and 1200 really well. It’s especially important to know what amendments can and can’t be made during the appeal process, and what the US R/O can bounce back to the International Bureau.

Reply

53 SunitaNo Gravatar May 12, 2010 at 5:28 pm

Just took the exam today and need to retake it. I found the first half very difficult and had alto of lookup to do. Quite a few questions on assignments, assignees, dates, incorporation by reference…basically, questions from first 5 chapters. But, yes, as others have pointed out the focus seems to be a lot on PCT, reissue/re-exam, appeal and a couple on protest.
The repeat questions I saw:
Mario Lepieux
Jo(h)n Jones
Smith Laminate
Hair Gel
RCE during appeal
Smith and Jones

There was also the question on combination/subcombination and a question on disclaimer – asking who had the authority to file a disclaimer?!

Quite bummed about not making it, but for someone who is trying to get into this field, it was an uphill battle for me.

Also, the MPEP on screen at the prometric center was a bit fuzzy – at small font so it made searching the MPEP very slow and difficult when the page size was enlarged.

Reply

54 SNo Gravatar May 25, 2010 at 9:37 am

Sorry about that!!! Any idea what might have gone wrong?

Reply

55 ACNo Gravatar May 13, 2010 at 7:33 pm

Just passed today on my first try. Thanks to everyone who have contributed to this great site.

I noticed following repeats:
Invitation to Correct PCT Application (10.03.4p)
Moondust (10.03.6p)
3rd Party Submission – Japanese publication (10.03.10p)
National Stage by Fax (10.03.15p)
Anticipated under 102(e) (10.03.17p)
Correcting the Name of the Inventor (10.03.18p)
Reply to non-final rejection (10.03.21p)
Foreign Priority (10.03.24p)
Parking Meter (10.03.28p)
Filing date (10.03.29p)
Smith & Jones… (10.03.30p)
Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
Foreign prior art date (10.03.40p)
Bloc; Synthetic Z (10.03.7a)
35 USC 102(d) (10.03.8a) variation
prior art exclusion of 35 USC 103(c) (10.03.11a)
Tribell (10.03.16a)
Five Steps to Cross a Road (10.03.23a)
Door Handle (10.03.24a)
Enablement (10.03.32)
RCE During Appeal (10.03036a)
Allowance after abandonment after appeal (Variation on 10.03.38a)
Restriction Appeal (10.03.42a)
Foreign Filing without Publication (10.03.44a)
Claim Counting (10.03.50a)
Final Rejection Period for Reply (4.03.4p)
Foreign Priority (4.03.22p)
Practice (4.03.44p)
Canceled matter as PA (4.03.48p)
Reduction to Practice (4.02.1a)
nonpublication request/45 days (10.03.44a/4.03.2a)
Notice of Appeal (4.03.8a)
Board of Appeals Remanding case to the Examiner (4.03.25a)
Lancer Toothbrush (4.03.33a)
Board Decisions (4.03.37a)
Obvious (04.03.41a)

Some questions that seemed unfamiliar:
- What is required to obtain a filing date for REISSUE app
- Who needs to sign supplemental declaration
- Documents NOT necessary to record assignment
- Requirement for Information; whether failure to respond leads to abandonment
- Telephone interview; whether it needs to be scheduled in advance so that the practitioner’s privacy interest can be preserved (I chose this as wrong)

Hope this helps.

Reply

56 SNo Gravatar May 14, 2010 at 8:27 am

Congrats!!!

Wow! That’s a lot of repeats. Is this typical? Can everyone else be this lucky?

Reply

57 GSNo Gravatar May 17, 2010 at 11:03 pm

I also passed the exam on May 13, 2010. This site provided very useful info and I really appreciate all those who have contributed to it. Here are the questions that I recall:

– Titanium Baseball (Public Use/Printed Publication)
– Mirror (Inherent Function)
– Costa Rica and Sweden – PCT
– Velcro (Trademarks in Claims)
– Information requested from USPTO
– Trade Secret Question
– Means plus Function variant of Door Handle (Determining Equivalence)
– Piecemeal
– Missing parts in PCT Application (30 days)
– Shoe Polish and hair gel

Overall, I think there were about a total of 25~30 questions from “Repeat Questions” (in both sessions), I remember the following:

– Tommie and Jo(4.00.23a/4.00.24a)
– Bond 60%C or 60%D (4.00.27a)
– 147 Claim Counting (10.03.50a/4.03.28p)
– Lancer Toothbrush (4.03.33a)
– Bloc; Synthetic Z (10.03.7a/4.03.32p)
– RCE During Appeal (10.03.36a)
– Moondust (10.03.6p)
– Correcting the Name of the Inventor (10.03.18p)
– Design Patent in Country X (10.03.27p)
– Smith & Jones… (10.03.30p)

Reply

58 JennaNo Gravatar May 21, 2010 at 1:18 pm

Hi Everyone,

Thanks for the helpful information, which helped me pass yesterday! Off the top of my head, at least 50% exam is recycled questions (perhaps more, but I only managed to work my way thru a couple of practice exams, largely because I worked as a technical specialist for a couple of years before taking the exam). In any case, here’s what I recall.

1. Mirror, perpendicular mounting,
2. PCT, missing Abstract
3. PCT, deleting benefit claim
4. PCT, the Costa Rica Question
5. PCT, the German guy question
6. PCT amending abstract
7. PCT , is the English translation needed or not
8. Terminal Disclaimers , who can sign
40% one assignee, 40% second assignee, 20% remained with inventors, who can sign what
9. 4 Inventors filed a patent, one inventor refuses to cooperate, what’s next
10. New use of an “old” chemical
11. Titanium Baseball
12. VELCRO
13. priority of design app.
14. 102(e) dates for app. before and after 11/29/2000,
15. Japan 45 days
16. maintenance fee, check returned
17. Tommie and Jo(4.00.23a/4.00.24a)
18. Bond 60%C or 60%D (4.00.27a)
19. 147 Claim Counting (10.03.50a/4.03.28p)
20. Lancer Toothbrush (4.03.33a)
21. Bloc; Synthetic Z (10.03.7a/4.03.32p)
22. RCE During Appeal (10.03.36a)
23. Moondust (10.03.6p)
24. Correcting the Name of the Inventor (10.03.18p)Information requested from USPTO
25. Trade Secret Question
26. Means plus Function variant of Door Handle (Determining Equivalence)
27. Piecemeal
28. Missing parts in PCT Application (30 days)
29. Shoe Polish and hair gel
30. Invitation to Correct PCT Application (10.03.4p)
31. 3rd Party Submission – Japanese publication (10.03.10p)
32. National Stage by Fax (10.03.15p)
33. Anticipated under 102(e) (10.03.17p)
34. Correcting the Name of the Inventor (10.03.18p)
35. Reply to non-final rejection (10.03.21p)
36. Parking Meter (10.03.28p)
37. Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
38. prior art exclusion of 35 USC 103(c) (10.03.11a)
39. Five Steps to Cross a Road (10.03.23a)
40. Restriction Appeal (10.03.42a)
41. Foreign Filing without Publication (10.03.44a)
42, Canceled matter as PA (4.03.48p)
43. Reduction to Practice (4.02.1a)
44. nonpublication request/45 days (10.03.44a/4.03.2a)
45. Board of Appeals Remanding case to the Examiner (4.03.25a)
46, Board Decisions (4.03.37a)
Obvious (04.03.41a)
47. What is required to obtain a filing date for REISSUE app
48. Who needs to sign supplemental declaration
49. Documents NOT necessary to record assignment
50. Requirement for Information
51. Telephone interview

Study the old exams, and you’ll succeed! Good luck everyone!

Reply

59 ShanaNo Gravatar July 3, 2010 at 10:36 pm

Wow, I took mine today..and I had many of these!

Reply

60 DaVinciCodeNo Gravatar June 9, 2010 at 1:47 pm

I took the test last week and didn’t pass. The AM session was very hard, not a single repeat. Stuff I never heard of. But PM had the usual repeats as above. I practiced the old exams many times and got 98-99% in all of them. I also went over all the new questions from this site. But my AM exam had many new areas that I did not study. Now I am realizing that I must know the MPEP inside out.; cannot just rely on the past exams any more. It is the MPEP and seems like every chapter is equally important.

I called the USPTO (OED) to make the wrong answers available online to us instead of us having to fly out to Varginia to look at them. They said they would pass the word to the OED boss. If more people call to the OED, requesting them to release the wrong answers and the question online that would be extremely helpful to the once that didn’t pass. I cannot remember the questions, as they were all new areas for me. Without knowing what I answered wrong, it is difficult to feel more confident. So, please called the OED at 571-272-4097 est and make the request. Thanks.

Reply

61 DaVinciCodeNo Gravatar June 9, 2010 at 4:19 pm

When I said call OED, I meant for you to be able to look at what you answered wrong for the test you took; not someone else’s wrong answers. Currently, PTO allows that, but you have to go to Varginia to look at your wrong answers. My request was to make it available online for me to to able to look at my wrong answers. Make sense? So, start calling. Thanks

Reply

62 IrishNo Gravatar June 9, 2010 at 4:51 pm

I took and passed the test on June 7. Second try. It looks like it is just luck of the draw. On my first test I saw only a few repeats – most of the questions were completely new. On my second test I saw 30-40 repeats or variations from old tests or the new questions posted on this site.

The most heavily tested areas were PCT (10+ questions), Appeal (10+ questions, several dealing with new grounds for rejection from the board) and the regular 102/103 questions (30+ questions). There were roughly the same proportion of questions from these subjects on each of my tests, but like I said, on my second test there were WAY more repeats than my first test.

My best advice is to know all of the questions from the “Repeat Questions” tab inside and out – know not only what the answer is, but why and where to find it in the MPEP. Also review all of the questions on the “Exam Questions and Concepts” tab a few times before you go the exam – I had several questions where I knew the answer just from what I remembered from what other people had said (i.e. black ink).

Once you have done that, just hope you’re lucky and get a repeat-heavy exam.

Reply

63 DaVinciCodeNo Gravatar June 10, 2010 at 1:19 am

Thanks. What I saw was that they would break down a Rule into two parts and use one part in one Answer (say B) and the other part in another Answer (say E) to confuse you. It takes longer to search the PEP, as you have to
re-read several times to make sure that is what they are doing. It took me a while to figure out that. So, match the entire Rule to make sure that it is the full Rule, not chopped up. That way you can eliminate two Answers right away. I think they are testing us to see we know the full Rule. I will give it a try again. Also, by giving a harder AM test dampens your enthusiasm for the PM test, thinking is it even worth studying the repeat questions during the break?

Reply

64 IrishNo Gravatar June 10, 2010 at 10:39 am

I would study the repeat questions. I think it’s all luck of the draw. Like I said, my second exam was full of repeats. Having them fresh in my mind knocked out a third of my exam. I ended up having about 45 minutes to go over questions during each half since I saved so much time on the repeats.

Reply

65 ShanaNo Gravatar July 3, 2010 at 10:22 pm

Thank you mypatentbar.com! Today I took the test and passed because of the number of repeat questions I saw from this website!! For the last week of study, i just went through all of the repeat questions and at least 15 showed up on my test! =)

Reply

66 ChillinNo Gravatar July 7, 2010 at 3:06 pm

This website is awesome. I took the Patent Bar yesterday and passed so for karma’s sake, wanted to make a post. I studied the stuff on this website and took as many old tests as I could. Here are the repeat questions I can remember having:

October 2003 AM: 3, 4, 7, 8, 9, 16, 20, 23, 34, 36, 38, 42, 44, 50
October 2003 PM: 4, 13, 14, 15, 32
April 2003 AM: 8, 11, 25, 26, 30, 44, 12, 13
April 2003 PM: 27

Reply

67 TommyBoyNo Gravatar August 5, 2010 at 6:17 pm

I have been studying for a while now and am beginning to go over old test questions in earnest. I keep seeing these PCT questions listed, but can’t seem to cross reference them in the test database. Any help locating these questions and others listed would be helpful.

PCT, missing Abstract
PCT, deleting benefit claim
PCT, the Costa Rica Question
PCT, the German guy question
PCT, amending abstract
PCT , is the English translation needed or not
PCT, Japanese Patent
Barry in view of Foreman.
Mirror, perpendicular mounting,

Thanks in advance!

Reply

68 *Patent* Agent SmithNo Gravatar August 20, 2010 at 11:37 am
69 TommyBoyNo Gravatar September 8, 2010 at 10:46 am

Thanks! Found them and have been studying them!

Congrats on passing!

70 KQNo Gravatar August 9, 2010 at 1:02 pm

Took yesterday and passed on my first try. Thank you all for your help with this site. My study plan was PLI once through, then lots of random exams and all the old ones, then skim the PLI course again, and finally do old exams again. I had 35 questions total (I counted before leaving) that were either repeats or from the Exam Concepts and Questions section. The list below is what I recall, although I ended up with a few over 35:

Restriction (4.00.9a)
Bond 60%C or 60%D (4.00.27a)
Federal Court Decisions binding for Office (4.00.19p)
Prior Art (10.00.16a)
Final Office Action (10.01.11a)
Smith’s Drawings (10.01.3p)
Diligence (4.02.4p)
35 USC 112 p1 (10.02.8p)
Express mail (10.02.34p)
Reduction to Practice (4.02.1a)
nonpublication request/45 days (10.03.44a/4.03.2a)
Lancer Toothbrush (4.03.33a)
Board Decisions (4.03.37a)
Copper substrate (10.03.4a/4.03.16p)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Tribell (10.03.16a)
Missing Drawing (10.03.20a)
Door Handle (10.03.24a)
Hydrocyclone (10.03.31a)
Moondust (10.03.6p)
Anticipated under 102(e) (10.03.17p)
Parking Meter (10.03.28p)

Q2) Titanium Baseball (Pulic Use/Printed Publication)
Q3) Mirror (Inherent Function)
Q5) Amending the Abstract – PCT – one month
Q6) Obviousness – Brand name
Q7) Claiming, Deleting and Reclaiming Benefit Claim
Q14) Costa Rica and Sweeden – PCT – I got BOTH Cosra Rica and Sweden
Q17) Velcro (Trademarks in Claims)
Q21) Trade Secret Question
Q24) Japanese Patent
Q34) Investigating Deceptive Intent
Q35) 2 Month Rule for Final Office Action
Q37) Terminal Disclaimer
Q38) Piecemeal
Q41) Documents Requiring Signatures
Q42) Missing parts in PCT Application (30 days)
Q50) Appeals
Q51) Best Mode

I hope this helps, good luck!

Reply

71 *Patent* Agent SmithNo Gravatar August 20, 2010 at 11:36 am

Took exam 8/19/2010 passed on first try.

REPEATS (or questions similar to these, didn’t think I had so many but these all seem very familiar)
Mario Lepieux (4.00.10a)
Smith Laminate(4.00.17a)
Mitch and Mac (4.01.23a)
Affidavits (10.01.46p)
35 USC 102(e) (4.02.11a)
37 CFR 1.131 – MPEP 715 (10.02.6a)
Broadening Reissue (10.02.12a)
Dead Inventors (10.02.30a)
Original disclosure (10.02.16p) variation on this
Protest (10.02.46p) variation (correct answer was related to remaining anonymous)
Reduction to Practice (4.02.1a)
nonpublication request/45 days (10.03.44a/4.03.2a)
Notice of Appeal (4.03.8a)
Certificate of Correction (4.03.11a)
Potter (4.03.12a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
IDS after Notice of Allowance (4.03.26a)
Lancer Toothbrush (4.03.33a)
Rejection, 35 USC 102(e) (4.03.42a)
Polypropylene range (obviousness of ranges) (4.03.44a)
Final Rejection Period for Reply (4.03.4p)
Interference and Reexamination (4.03.12p)
Foreign Priority (4.03.22p) (same as Potter 4.03.12a)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Smith / DRAM (10.03.9a)
Reexam Extension of Time (10.03.6a)
Small Entity Fee (10.03.13)
Reply to a Second Action Final Rejection (10.03.15a)
Tribell (10.03.16a)
35 USC 102 (10.03.19a)
Public Access (10.03.22a)
Enablement (10.03.32)
Late IDS when client knew about PA all along (10.03.34a)
RCE During Appeal (10.03036a)
Restriction Appeal (10.03.42a)
Foreign Filing without Publication (10.03.44a)
Product-by-Process Claims (10.03.13p) (Same as Beck – Mixture Y melting 150F)
Correcting the Name of the Inventor (10.03.18p)
Prior Art Reference (10.03.19p)
102 Rejections (10.03.20p)
Reply to non-final rejection (10.03.21p)
Which, if any: Chapter 600 (10.03.22p)
Foreign Priority (10.03.24p)
Added Claims in CIP (10.03.25p)
Design Patent in Country X (10.03.27p)
Smith & Jones… (10.03.30p)
Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
Foreign prior art date (10.03.40p)

“New” Questions
Q3) Mirror (Inherent Function)
Q14) Costa Rica and Sweeden – PCT (three of these, costa rica, sweden, germany)
Q15) Spanish Phone – Design
Q19) Mexican Nationals – PCT
Q22) Germany – PCT / Patent Term
Q23) Broom
Q25) Electric Fan
Q26) Maintenance Fee Paid / Check Returned
Q28) Means plus Function variant of Door Handle (Determining Equivalence)
Q34) Investigating Deceptive Intent
Q35) 2 Month Rule for Final Office Action
Q38) Piecemeal
Q40) Assignment
Q50) Appeals (had several Qs on new grounds of rejection by board… procedure following that, etc.)
Q51) Best Mode
Q52) Multiplicity (this is same as Q23 Broom)
Q59) PTO-892 (Question on where/what citations to referenced/disclosed prior art by examiner: PTO-892, PTO-1449 with initials, etc.)
Q63) TP Submissions (Question was about 3rd party submitting Non-Patent Literature (NPL) )
Q64) Restriction (question asked when restriction b/w combination and subcombination was proper or improper, answers were verbatim from MPEP section about restriction practice … i.e. can they stand alone patentably, same field, etc.)

Reply

72 Be_of_good_cheerNo Gravatar August 29, 2010 at 10:21 pm

Someone please explain to me what the asterisk means on the repeat questions at the top of this list? Thanks

Reply

73 reggea feverNo Gravatar August 30, 2010 at 10:14 pm

An asterisks indicates numerous individuals from the forum have reported that question on their exam.

Reply

74 cram, cross fingers, pray & repeatNo Gravatar September 1, 2010 at 9:35 pm

Just took the exam today and got a preliminary pass (hooray!). THANK YOU to this site for all the helpful info on repeat/new Q’s & all the user feedback! Time to give back, so taking a moment to add my humble two cents:

- general impression –
morning session was waaaay harder than the afternoon. Lots of obsure nuances to look up & very few repeats. I also felt that there were quite a few familiar sounding questions, but with a different “right answer choice”/Q was asked in the converse/or some other sneaky variation so be careful (I may be wrong, maybe someone else can confirm?). With that being said, most of the morn passed in a disheartening blur & I can’t comment much on specific Q’s.

To my joy, however, almost ALL of my afternoon session seemed like question I had seen before (maybe 10-15 unfamiliar questions tops). I won’t rehash since the above couple posts seem comprehensive & do much better than I could. True to my procrastinating self, I didn’t start doing practice exams until last week and only squeezed in the oct ‘01 and all the 02-’03 practice tests, once each time, before test day arrived. Hence, I can’t recall the questions that well w/o any prompt, nor which test they correspond too. sorry. In general, there were multiple obviousness, 102 prior art, appeal questions I thought, but they were generally straightforward….and yes, a LOT of PCT! I want to STRESS THIS – go look at the *new* questions under “Exam Questions and Concepts” tab if you already haven’t. I didn’t realize what it was until the day before but SO glad I found it – read the comments too – I got a lot of those repeat questions (or variations thereof). See below (of what I can remember):

- *new* questions: – with some commentary
Q2) Titanium Baseball (Pulic Use/Printed Publication) – mine had these dates in fact pattern – date1: inventor printed out but never distributed a publication; date 2: give a baseball to put in museum that was only open to wealthy patrons not skilled in the art to be able to make the baseball, along with copy of publication for their library. date 3: decide to open to public (not open yet). date 4 (day before grand opening): ran lots of brochures and other promo publicizing the opening of the museum. date 5: museum open to public. date 6: publication is indexed and catalogued in museum library. Q asked which date was 102 publication prior art. I chose date 6 b/c I think only then is when it is actually accessible to the public to constitute a “printed publication”
Q3) Mirror (Inherent Function) – I also chose the perpendicular/parallel answer choice but think the reasoning is different than what some people are commenting for that Q. my question stem asked which answer choice would properly be objected to under 112 paragraph 1. I think the Q is actually testing us to see if we can identify which one has improper addition of new matter. – amending spec to include something that originally was disclosed in claim (no). – one including adding dictionary meaning (no). – one about obvious error. – parallel/perpendicuar contradicting language (i chose this b/c answer said even though obvious there’s an error, POSITA would not realize what the correct thing should be just by looking at it).
Q5) Amending the Abstract – PCT – the Q asked about what a practitioner can do if her disagrees with the abstract once it’s been established by the ISA. Answer I chose: can only submit comments on it (ie: can’t amend himself) and the Authority may choose to amend it but doesn’t have to.
Q8) Missing Parts – PCT
Q14) Costa Rica and Sweeden – PCT
Q17) Velcro (Trademarks in Claims)
Q21) Trade Secret Question
Q22) Germany – PCT / Patent Term
Q26) Maintenance Fee Paid / Check Returned
Q27) Reissue (variant of Tommie and Jo)
Q28) Means plus Function variant of Door Handle (Determining Equivalence)
Q29) Death of inventor – variation: where attorney has partial rights to invention
Q35) 2 Month Rule for Final Office Action
Q36) Notice of Appeal
Q37) Terminal Disclaimer – mine was re: who can sign it. choices all involved either one/both inventors or some combination of inventors & reps from either/both assignee corporations. I chose answer stating only the 2 inventors b/c no assignee of undivided or whole interest in fact pattern.
Q38) Piecemeal
Q41) Documents Requiring Signatures
Q42) Missing parts in PCT Application (30 day
Q58) Exam Concept – Appeal

- these seemed unfamiliar –
- question about sally & fred/bill(??don’t remember name): they’ve both been issued patents already (sally’s issued 2 months before bill I believe). Issue is Sally thinks that they’ve claimed the same invention in their respective patents. Sally may do all of the following except: 1) file reissue, assuming there is a separate valid “error” for doing so, and then declare an interference with Fred’s patent.; 2) file ex parte reexamination & submit her own patent as prior art; 3) declare an interference with Fred in federal court (i chose this one since interference should be between 2 patent apps or 1 app & 1 patent); can’t remember the other answer choices.
- executing reissue oath: A & B are inventors and get a patent. They assign all patent rights to a company. Company later discovers that C & D should also have been named as joint inventors. D refuses to cooperate b/c thinks he is sole inventor. What can be done to correct inventorship (there is no broadening of scope of claims involved)? 1) cert of correction; 2) reissue – oath listing new inventorship is only signed by assignee; 3) reissue – oath lists all 4 inventors, only A,B,C sign, & include why D’s signature missing; (can’t remember other choices but I got it down to between 2 & 3. I finally chose 3 b/c adding an inventor to reissue, not just deleting someone. disclaimer – not 100% sure on this one.

Sorry for the long post, but hopefully it will help at least 1 person out there – I know I appreciated all the details/tips I could find while perusing this site! Good luck! =)

(please pardon any lousy terminology/lack of cohesiveness in my paraphrasing above – it’s been a long day!!)

Reply

75 GDBNo Gravatar April 18, 2012 at 1:00 pm

on the last question of correction of inventorship – the answer would be (2) because there is no broadening, the assignee of the entire interest may sign the reissue oath and exclude an inventor without their consent. If there had been broadening, the answer would be neither (2) nor (3) – it would be “none of the above” because the parties would have to go to court to review the decision. It’s all in MPEP 1400 under “correction of inventorship”. There is an example that mirrors this question.

Reply

76 PatentMasterNo Gravatar September 4, 2010 at 10:18 pm

I just wanted to say thanks to everyone who contributes to this website. It truly is an invaluable resource if you are looking to pass the exam. I just passed the exam today and it largely had to do with the repeats. I had about 15-20 of them. If you are planning on taking the exam soon, do yourself a huge favor and study the repeats sections inside and out. Also, PCT and appeal were heavily tested so focus on those if you are pressed for time.

Reply

77 SusanNo Gravatar September 5, 2010 at 12:26 am

I have a question on the answer for question 39/April 2003/morning session. I thought the appeal brief was always due 2 months from filing of the notice of appeal (mpep 1205.01). Extension of time for up to 5 months would then kick in from the 2 month date. The answer to this question states that the date from which extension of time would be determined would not be the 2 month date from filing of the notice of appeal, but from the mailing date of the advisory action. It refers to CFR rules that have been replaced by the “41″ rules in latest mpep revision. Any comments would be appreciated!

Reply

78 be_of_good_cheerNo Gravatar September 7, 2010 at 7:01 pm

Hi Susan,

As you suspected – the 2 month rule also applies to notices of appeal. See Q35) for a more complete description of how this affects notice of appeal. One really key fact to remember is that notices of appeal do not have a 6 month statutory limit. This is why you can still request the maximum extension for the NAP of 5 mos for a total of 7 or more mos. depending upon whether the 2month rule applies. In this question the advisory action date would be the last date to reply without an extension of time.

Reply

79 Owl0520No Gravatar October 4, 2010 at 7:46 pm

I just took the Patent Bar – 10/4/2010. It was unlike anything I had prepared for. It had 5 repeats in the morning and 11 repeats in the afternoon. The questions were much more difficult than the bulk of what I have seen in tests through 1997. I received a 63% and am trying to decide my next approach. I had used PLI along with this site an a good outline I bought online. I was hitting 90+ on all the exams. I didn’t panic, nor did I run out of time – so I am not quite sure what to think.

Reply

80 JNo Gravatar October 5, 2010 at 6:56 pm

Hi Owl0520,

You said you worked through the 1997 exam questions. Have you had an opportunity to look at the October 2002 and April 2003 exam questions? It seems like there are a lot of repeat questions coming from those exams.

-J

Reply

81 Reggae FeverNo Gravatar October 5, 2010 at 7:17 pm

I also used PLI and this site to pass the exam. Were you able to go thru all the old exams (2002/2003)? I also found the “new questions” that people posted on this site to be very helpful. Maybe a lot of us were luckier, as my exam had up to 40% repeats. Hopefully you’ll get it next time around, hang in there dude.

Reply

82 JNo Gravatar October 6, 2010 at 1:52 am

Reggae Fever, when did you take the exam?

83 owl0520No Gravatar October 13, 2010 at 6:39 pm

Yes – did all of them. Started at 2003 and worked backwards. Maybe I just got a bad batch.

Reply

84 JNo Gravatar October 14, 2010 at 9:01 pm

Just took the exam today and passed! Really work through the 2002 and 2003 questions – I did every exam from 2000 – 2004 three times. Also looked through every “new question” post and looked up the relevant section in the MPEP to verify. The morning questions were mostly new…had to look up quite a bit and ran out of them to check all the questions I wasn’t sure about. The afternoon section was pretty repeat heavy. Good luck!

Reply

85 Boating BobNo Gravatar December 30, 2010 at 5:32 pm

12/30/10 – Had 10 of the above questions today. VERY AWESOME to see them on the test because you are under so much time pressure. Anyone reading this board should study these questions. I really appreciate the host and people who post on this board for helping me pass the exam.

Reply

86 owl0520No Gravatar January 25, 2011 at 4:00 pm

Question – is the top post on this page updated? Meaning are those the previous questions NOW or a snapshot from some time back?

Reply

87 RodneyNo Gravatar January 25, 2011 at 4:54 pm

I took and passed my Bar Exam today (-1-25-2010) over 25% of the questions came from the above repeats and several from the postings of new questions.under Exam Questions and Concepts (68 questions)

I couldn’t have passed without the help of the people posting on this site.

thanks

Reply

88 dongusNo Gravatar February 7, 2011 at 10:32 pm

took and passed patent bar today. all questions on Exam Questions and Concepts tested. lots of appeal. lots of 2003 exam repeats. thanks so much for this website!

Reply

89 howie2978No Gravatar February 14, 2011 at 3:25 pm

took and passed the patent bar on Feb 9. saw about 20-25 repeat questions. lots of PCT and appeals questions. this website definitely helped me pass the patent bar!

Reply

90 theusefulartsNo Gravatar March 8, 2011 at 8:09 pm

Saw these repeats on a recent exam;

Q2) Titanium Baseball
Q3) Mirror
Q14) Costa Rica and Sweden
Q26) Maintenance fee paid (no numbers at all)
Q28) Means + Function Door handle
Q34) Investigating Deceptive Intent

Har Gell (4.02.38p)
Lancer Toothbrush (4.03.33a)
Bloc Synthetic Z (10.03.7a)
Tribell (10.03.16a)
Five Steps to Cross a Road
Moondust
Foreign Filing without publication (10.03.44a)
Parking Meter(10.03.28)

Had a lot several detailed questions (who can sign things etc.) related to Reexam, Reissue and Appeal. I thought I knew this stuff pretty well I wasn’t about to figure out what then were looking for. I would read these sections over pretty well.

Reply

91 IP GuyNo Gravatar March 16, 2011 at 10:04 am

I had numerous repeat questions (or slight variants) on my March 14, 2010 exam.

Tommie and Jo 4.00.23a
Bond 60%C or 60%D 4.00.27a
Prior Art 4.00.42a
Reexamination 4.00.47a
Mr. Brick 4.02.24a
Foreign Patents 4.02.50a
Hair Gel 4.02.37p
Reduction to Practice 4.02.1a
Board of Appeals Remanding Case to Examiner 4.03.25a
Lancer Toothbrush 4.03.33a
Board Decisions 4.03.37a
Foreign Priority 4.03.22p
Appeal Brief 4.03.23p
Claim Counting / 147 Claim Counting 10.03.50a
Bloc, Synthetic Z 10.03.7a
Prior Art Exclusion of 35USC103(c) 10.03.11a
Tribell 10.03.16a
Five Steps to Crossing a Road 10.03.23a
Door Handle 10.23.24a
Restriction Appeal 10.03.42a
Invitation to Correct PCT Appl. 10.03.4p
Moondust 10.03.6p
103 Obviousness 10.03.16p
Anticipated under 102(e) 10.03.17p
Correcting the Name of the Inventor 10.03.18p (some answer options a bit different)
Foreign Priority 10.03.24p
Design Patent in Country X 10.03.27p
Parking Meter 10.03.28p
Smith & Jones 10.03.30p
Issue Fee transmittal form – XYZ Company 10.03.38p/4.03.11p

I’m also going to post which Exam Questions & Concepts appeared on my exam under the Exam Questions & Concepts tab.

Reply

92 IP GuyNo Gravatar March 16, 2011 at 10:06 am

Correction – March 14, 2011 (not 2010 ) Exam

Reply

93 PatentGalNo Gravatar March 23, 2011 at 7:45 pm

Thanks so much, IP Guy! I had pretty much all questions that you listed here on today’s test. It was so helpful!

94 SBHNo Gravatar April 4, 2011 at 10:53 am

I had almost all the repeats listed by IP Guy. Make sure you study the repeats all the way back to the 2000 exam as the infamous Tommie and Jo 4.00.23a still exists in the database.

Thank you guys for this great site and hope the best to you all.

95 patenttipsNo Gravatar March 23, 2011 at 12:22 pm

Question: INV finds new art, pays issue fee, files IDS, refuses to pay for RCE fee.

What does office do?

Put in file but not consider? Search? Search and charge fee anyway?

Reply

96 LMNo Gravatar March 23, 2011 at 1:32 pm

After the issue fee has been paid on an application, it is impractical for the Office to attempt to consider newly submitted information. Information disclosure statements filed after payment of the issue fee in an application will not be considered but will merely be placed in the application file. See **>MPEP § 609.05(b)

Reply

97 LCFNo Gravatar April 3, 2011 at 10:06 pm

I took and needed to retake it. I found most of above mentioned questions were in the exam (not only in old exam).

My question is how to get the most recent full set exam for future (~1 yr) and answers? at least the one I took assocated to the answer. Please advise,

Reply

98 LAPNo Gravatar April 14, 2011 at 4:26 pm

Has anyone taken the new version of the exam (starting April 12th) yet? Will be taking the exam in a few weeks and was hoping to find out how heavy they test the new material.

Many thanks.

Reply

99 AndersNo Gravatar May 9, 2011 at 7:18 pm

Just took it today and scored a prelim pass. I wanted to update you all on the latest since the new material was added last month: I saw maybe 5 or so that were definitely from the new material since the answers were searchable in the guidelines about KSR or Bilski. The general ideas (TSM not dead, etc.) showed up in another 4 or 5.

Generally, it didn’t seem like a “completely different test” than before. It definitely hit 700, 1200, 1800, and 2100 a lot, as past posters have indicated. I also saw about 20 of the questions from this site, including the following ones that I remember for sure:

Tommie and Jo 4.00.23a
Claim Counting / 147 Claim Counting 10.03.50a (got a similar, easier one)
Bloc, Synthetic Z 10.03.7a
Five Steps to Crossing a Road 10.03.23a
Invitation to Correct PCT Appl. 10.03.4p
Moondust 10.03.6p
Issue Fee transmittal form – XYZ Company 10.03.38p/4.03.11p

Q4) Submitting Tables on CD-ROM
Q7) Claiming, Deleting and Reclaiming Benefit Claim
Q16) Lip Gloss/Ship Bell (Experimental Use)
Q19) Mexican Nationals – PCT
Q21) Trade Secret Question
Q22) Germany – PCT / Patent Term
Q23) Broom
Q33) Indefinate Claim USing ‘High’
Q41) Documents Requiring Signatures
Q52) Multiplicity

I didn’t have too much trouble with the exam software. The searching was relatively fast at the location I took it and, as other people have said, it is possible to resize and move the search window around the screen so you can see it while you’re looking at the answers.

For whatever reason (nerves, slightly slower searching, wanting to be extra sure about answers on the real deal) I ended up finishing each half with only 5-10 minutes to go back and review, whereas during practice sessions I routinely finished with more like 30-40 minutes to review. I think it might have been because I usually just clicked the answer I remembered if I saw a repeat while practicing, but on the real exam I double-checked and read the question carefully just in case the USPTO was being tricky. As far as I could tell, I didn’t notice any instances where they tried to trip me up by having a question that was nearly identical to a repeat but not quite.

Reply

100 JamesNo Gravatar May 17, 2011 at 6:36 pm

I wish I used this web site more before taking the exam yesterday. I relied on PLI course material, and I did not pass. However, I’d like to contribute a bit from my experience with the new test:
I saw a lot of similarities with Ander’s experience but had some differences also. I’d say about 25% of the new test is from the updates to MPEP and the KSR/112 supplements. If I were you, I would read the new supplement at least two times. Memorize KSR case teaching points and legal outcomes and be somewhat familiar with case facts.

Repeat questions:

Tommie and Jo 4.00.23a
Bloc, Synthetic Z 10.03.7a
Five Steps to Crossing a Road 10.03.23a
Invitation to Correct PCT Appl. 10.03.4p
Moondust 10.03.6p
Issue Fee transmittal form – XYZ Company 10.03.38p/4.03.11p

Q4) Submitting Tables on CD-ROM
Q7) Claiming, Deleting and Reclaiming Benefit Claim
Q16) Lip Gloss/Ship Bell (Experimental Use)
Q19) Mexican Nationals – PCT
Q21) Trade Secret Question
Q22) Germany – PCT / Patent Term
Q23) Broom
Q33) Indefinate Claim Using ‘High’
Q41) Documents Requiring Signatures
Q52) Multiplicity

My test had some obssession with signature requirements:
About 5 questions on signature issues and requirements (I did not know where to start the search on MPEP. I eventually gave up looking for answers because too much time was wasted.)
- For instance, one question asked whether one of the following choices will be accepted without signature if filed on the last day of due date. If I remember correctly, it listed Notice of Appeal, RCE, Small Entity Status assertion, Amendment in response to first non-final office action, and Authorization to charge the deposit account for fees.
- Another question asked on whose signatures are necessary in making new oaths to correct inventorship
- When do you need signatures from assignee(s)
- Who can sign for which documents

1 dependent claim counting question

2 questions on ADS

3-4 proper claim questions

The rest were the usual mix of 102/103 patentability, PCT, appeals, resissue, reexamination, double patenting, restriction, IDS, assignment, access, rejection vs. objection, and changes in inventorship as usual.

Reply

101 RobbieNo Gravatar May 25, 2011 at 10:29 am

James, my situation sounds just about identical to yours. I, too, took the PLI course and sadly did not pass on my first attempt. I will be trying again though in the next couple of months. My test sounds much like yours. I didn’t seem to have tons of repeat questions. I was definitely caught off guard with the number of questions that were based on appeals (my test was loaded with questions from chapter 1200) and the questions about signature requirements. There were a few that seemed to come from the new supplement, but I guess I expected more to be based on the KSR case teaching points. I specifically remember one question based on the Agrizap, Inc. v. Woodstream Corp case from the KSR supplement (Example 4.8), but I was expecting more than that based on what I heard from attending the live PLI course. Looks like this site is quite helpful to others, so I think I’ll be a regular visitor for the next 2 months. Hopefully the next time I’ll pass!

Reply

102 SarahNo Gravatar May 18, 2011 at 4:45 pm

Repeat questions recognized from old exams. Like someone else said, didn’t notice any sneaky changes in these questions from the old versions.

Tommie and Jo(4.00.23a/4.00.24a)
Declassified Reference (4.00.34a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
Potter (4.03.12a)
Polypropylene range (obviousness of ranges) (4.03.44a)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Canceled matter as PA (4.03.48p)
Five Steps to Cross a Road (10.03.23a)
Moondust 10.03.6p
Issue Fee transmittal form – XYZ Company 10.03.38p/4.03.11p

Question: What is required to make application special using the accelerated examination requirements for an environment related applications?

Listed I-V components. A-E involved combinations of the components, which included a list of items, comments on the patentability of the claims in view of the comments, and an ADS. I chose the answer that included everything BUT the ADS.

Reply

103 LAPNo Gravatar May 18, 2011 at 5:11 pm

Hi Sarah,

I also saw that accelerated exam question on today’s exam (5/18/11) and chose the same answer as you – all but the ADS (word searching found the other four in a list of requirements for accelerated exam, but not the ADS, which makes sense if you think about it, as ADSs really don’t have much to do with the purpose behind the other four requirements).

For everyone else: I will post what I saw on the exam today as soon as I can.

Reply

104 LAPNo Gravatar May 19, 2011 at 2:57 pm

Fellow mypatentbar.com-ers,

Took the exam yesterday (5/18/11) and I got a provisional pass. I have to say right off the bat that although I also took the PLI course, I thought this website was INVALUABLE. I especially think it is extremely helpful to review the problems/comments/etc that are posted by people about a week before and leading up to the day you take your exam. As you will see below, I saw almost the exact same questions that others (Sarah, Becker, Overworkked, etc) saw in their posts above from the last week or so, and looking at those questions an additional time before going to the exam was very helpful. In all, I counted that I at least saw 46 questions that were either in the old exams or referenced in the “new materials” section on this website.

Here are my talking points from the exam:

PROMETRIC TEST SITE: Similar to what others have said, the place I took the exam was all business. I walked in almost an hour before my exam time hoping to sit in the lobby area to look through my outlines one last time, and the minute I walked in I was required to check in, put my stuff in a locker, and be ready to start the exam as soon as possible. They called my name to check into the testing area as I was still putting my stuff in a locker – I ended up starting almost a half hour before my start time because of this. It seemed I was allowed to start the tutorial whenever I wanted (the proctors didn’t require me to start it before they left me or anything), and I was allowed to put notes and numbering on my scrap paper before and during the tutorial. As some have mentioned, the minute you start the tutorial the rest of your day is set by the time (15 min tutorial, up to 3 hours for 1st half of exam, up to 1 hour for lunch, up to 3 hours for 2nd half of the exam). Note that if you finish a section early, the extra time does not get added anywhere else (e.g. I finished the 1st half about 15 mins early and thought I could use that extra time during lunch, but I still only got 1 hour for lunch). After the exam, you have a survey about the test site (about 10 questions) that you really don’t even read because you are so ready to have your results.

QUESTIONS I SAW ON THE EXAM: Below I have listed (i) questions I saw from the old exams (“Repeat Questions” on this website), (ii) questions from the new questions (“Exam Questions and Concepts”) section on this website I saw, and (iii) other concepts and questions that I saw that aren’t in (i) or (ii). Note that there were TONS of appeal-related questions (hardly any PCT). Further, I barely referenced the KSR and Bilski new materials documents, as any questions that related to those also seem to have content in the revised MPEP itself (for example, I found lots of KSR discussion in 2100).

OLD EXAM QUESTIONS:
- Tommie & Jo (both questions) (4.00.23a and 24a)
- Declassified Reference (4.00.34a)
- Affidavits (10.01.46p)
- 37 CFR 1.131 (10.02.6a)
- Potter (4.03.12a)
- Claims on Appeal (4.03.37a)
- Obviousness (4.03.41a)
- Rejection, 102(e) (4.03.42a)
- Polypropylene ranges (34.9 and 65.1) (4.03.44a)
- Interference and Reexamination (4.03.12p)
- Canceled Matter as PA (4.03.48p)
- Interviews (10.03.3a)
- Reexam Extension of Time (10.03.6a)
- Bloc, Synthetic Z (10.03.7a)
- Prior Art Exclusion of 103© (10.03.11a)
- Small Entity Fee (10.03.13a)
- Reply to a Second Action Final Rejection (10.03.15a)
- Five Steps to Cross a Road (10.03.23a)
- Another Claims on Appeal (10.03.38a)
- Restriction Appeal (10.03.42a)
- Invitation to Correct PCT App (10.03.04p)
- Moondust (10.03.6p)
- 10.03.09p (note this was marked as a “credit given for all answers” – not sure how they changed it for this current exam though).
- Beck – 150 degrees F (10.03.11p)
- A variant of Prior Art Reference (10.03.19p)
- Foreign Priority (10.03.24p)
- Issue Fee Transmittal Form (10.03.38p)
- Foreign Priority Date (10.03.40p)
- 102(g) Ex Parte Rejection (10.03.50p)

“NEW” QUESTIONS:
- 4. Submitting Tables on CD
- 7. Claiming, Deleting and Reclaiming Benefit
- 10. Suspended Practitioner
- 15. Spanish Phone
- 16. Lip Gloss
- 19. Mexican Nationals
- 21. Trade Secret
- 22. Germany PCT App/Patent Term
- 23. Broom
- 25. Fan, Light, Clock Question (point was that dimensions in a drawing in PA are not relevant or limiting to the reference it is applied to if not specifically called out).
- 33. Indefinite with Using “High”
- 41. Documents Requiring Signatures
- 42. Missing Parts – PCT
- 29. Death of Inventor (a variant similar to Sarah’s comments)
- 63. TP Submissions
- 64. Linking Claims Restriction (a variant that is same as the variant that Adam A indicated he had)
- Claim Counting (8 Dependent claims is answer)

OTHER CONCEPTS/QUESTIONS:

- Requirements for accelerated examination (things that must be filed) was one question – see Sarah’s question above from 5/18/11.

- Another questions dealt with which document can an assignee sign when the assignee has not recorded his assignment and has not indicated he is an assignee with the filing? After doing some searching around in 300, I believe the answer is small entity status.

- Which documents can use a copy of a person’s signature instead of an original? Choices were between Amendments, Oaths/Declarations, or Authorization to Charge Credit Cards. Answer is all of them – see Sarah’s comments at the “New Materials” question #41.

- Making Office Actions final – how to do it and when is it proper. There were at least 2 or 3 of these, and they were much harder than the ones that are in the older exam questions like 4.03.6a or 4.03.15a.

- A question about how to correct inventorship. Answer choices were (i) 1.48(a), (ii) file a continuation if there is at least one same inventor, and (iii) reissue with just assignee signature if inventors won’t sign. Answer is all of them. This is similar to the Broadening Reissue question at 10.02.12a.

- A question about when is a 102(f) rejection a proper rejection (not like any others I had seen before).

- A question about an inventor who assigned part interest to the agent, and then inventor died. The question was directed to whether the agent can still prosecute – he can because he has the part interest.

- Minors can execute their own declarations (don’t need legal representative to do it for them).

- A broadening question: In original patent, Claim 1 encompassed Y, and Claim 2 encompassed XYZ. Three years after issue, a piece of prior art was cited in a citation of prior art that made claim 1 invalid. Inventor wants to reissue the patent in order to (i) avoid the prior art and (ii) make claim 2 broader because she thinks it is too narrow. Can she do this? The answers included (i) she can’t, (ii) she should file a reissue canceling claim 1 and broadening claim 2 because it would still be narrower than original claim 1 (I picked this one), and (iii) she should first disclaim claim 1 and then file a reissue on claim 2 (shouldn’t do this because then it would be improper broadening).

- A question where new matter was added to the spec after filing. This new matter wasn’t added to claim 1 per se, but affected claim 1. Also, claim 2 had new matter added to it after filing. What is the proper course of action for examiner? Answers were (i) reject the spec with 132 only, (ii) reject the spec with 132 and reject only claim 2 with 112/1 (not claim 1), and (iii) reject the spec with 132 and reject both claims 1 and 2 with 112/1 (this was my answer, after some searching in the MPEP revealed that a claim that is not changed per se but is affected by new matter should also be rejected).

- A question about which of five options relating to mathematical equations were patentable subject matter – I chose the answer where there was a recitation of an application of the mathematical equation to some specific process.

- No PTA determinations in my exam.

- A question asked about what happens if a person does not file within 30 months of priority in a PCT analysis. The answer I chose (not sure if it is right) is that it is abandoned as to the U.S., but that it may not be abandoned as to other countries that have a longer period to enter their national stage.

Hope this is helpful to someone else! Good luck.

LAP

Reply

105 GeoNo Gravatar May 19, 2011 at 4:45 pm

Thanks man, you’re a gracious individual for sharing the wealth! Congrats on the provisional pass and may you be repaid 10-fold for your efforts to share and this kind act.

Reply

106 DanielNo Gravatar May 27, 2011 at 4:26 pm

PatBar Home Study Materials for sale. Looking for $300. I used them and passed on my first try. I can also give pointers.

Email me: thekino@ufl.edu…. I also have a lot of helpful printouts and study materials included.

Reply

107 WaltNo Gravatar May 27, 2011 at 5:43 pm

just took the test and passed today. my test was usually focused on restrictions requirement and KSR standard (each has ~ 10 questions). The choices were twisted. So please read the provisions carefully. Especially, the factors considered for determining one skilled in the art (~3 questions).

Reply

108 xrayNo Gravatar June 9, 2011 at 8:06 pm

Took the test last week.
I must have received the unlucky no-repeat version.
After studying every 2002-2003, ans some repeat 2000 questions I felt pretty confident about taking the exam. I had sutdied the PLI course for about 2 months, and listened to the CDs about 5-6 times each. I listened to 600, 700, 800, and 2100 most of the time probably 10 times.
I took the exam at PROMETRIC San Diego. Nice clean facility, but the people were morons. They must be paid some piddly wage to be so incompetent.
NOISE:
Near SD there is a Marine base with flyovers, but that wasn’t at issue. Directly behind the room I was in was a staircase. Right when lunch rolled around, it seemed there was a noisy frright-train of people coming in and out up and down. Damn annoying.
I had to tell the proctors several times to STFU because they kept talking to one another and disturbing my exam. I must have lost at least 20 minutes between the disturbance and regaining my train of thought.
SECTIONS:
The morning questions were substatially harder then the afternoon ones. None were repeats, and there were about 4 beta questions or so that had obvious misspellings and wrong answers. I think I had very few questions right from this section at all. I would have to fly to the USPTO to see (haha). The problem was some questions were obscure and required checking 800 then 600. I was never confident of the choice.
OVERALL:
In the morning section I had to lookup 100% of the questions vs. 60% in the afternoon. Meaning I HAD to, as in I had no idea at all what the answer was. In the afternoon sections, I could have finished in 1 hour if there was no MPEP, but I verified many questions anyway.
Repeats:
- 33. Indefinite with Using “High”
- 29. Death of Inventor (variant)
- Tommie and Jo (variant)
- Moondust (10.03.6p)
- 52. Multiplicity
- 17. Velcro
- 14. Sweeden (variant) but nothing like the examples
- RCE During Appeal (10.03.36a)
- Toy plane with Foil Wings (10.03.46p)
-Late IDS when client knew about PA all along (10.03.34a)
- Late IDS when client knew about PA all along (10.03.34a)
- Toy Airplane with Foil Wings (10.03.46p)

My test was laden with APPEALs mostly. I spent at least 40% of my time in 1200 searching for obscure facts. I swear these were beta questions, they were so hard, but there fact patterns were sounmd and the MPEP lead to to an answer. Apparently a worng one, since I didn’t pass.
Other chapters I was constantly checking:
600, 800, 1800, 2100.
Some BILSKI, but not (pun-intended) obvious obviousness questions. They were probably beta, but who knows. They might have killed my score too.
RESULT:
50%, well off my 2002-2003 scoring. In fact if without this website I still would have scored the same, despite the small amount of repeats. My version of the exam was inordinately difficult.

Reply

109 Recent JDNo Gravatar June 9, 2011 at 10:24 pm

XRay–sorry to hear about your bad experience.

You’re not alone though! Turns out I didn’t make the cut today–and this was my 2nd time (last was 10 months ago–too long). I’ll post a more complete review of my experience. It wasn’t nearly as bad as yours…in fact I thought I had it made since my 2nd section had TONS of repeats (my first was much tougher). Sigh.

I’m in NJ and plan to go to PTO to review ASAP and hope to retake in Sept (after bar exam, ugh).

C’est la vie.

C’est la vie.

Reply

110 ThatGuyNo Gravatar June 10, 2011 at 4:10 am

Ouch. I was confident you were going to pass. What happened?
My1st half was easy, but 2nd half, especially the opening 8 questions were tricky as well. I didn’t waste too much time on them and was able to finish easy ones in later sections first, and went back for some more deliberations.
Maybe it’s time management. When I saw something that would require me to search mpep for a while b/c I kinda guess it’s all over the place, I just gave up. Also always try searching CFR first, since it is easier to understand w/o fluff.

111 ThatGuyNo Gravatar June 10, 2011 at 4:03 am

X-ray, sorry to hear that, have you considered picking up a comprehensive book about patent prosecution? I do not think listening to PLI lectures 5/6 times is the way to go. There are some controlling rationales and policy reasons on many major MPEP rules. I don’t think you need to be able call up every obscure little rules, neither should you expect yourself to do that on the exam. Also CFR should be your best friend, and MPEP should be the second.
I had many appeal questions in the afternoon as well, they were tricky, but I thought they were manageable. The key is you need to know the overaching policy and know how to apply them to the fact pattern, not mechanic memorizing the rules.
I hope this helps.

Reply

112 xrayNo Gravatar June 10, 2011 at 2:28 pm

The lesson learned here is to not just read these questions, but to see if there is a trend in the exam. Mine was appeal heavy, so I should have READ the entire appeal chapter to make sure I know what concepts are coming up.
This time around I will read the PCT and APPEAL chapter in the MPEP.

All the material that I learned was only useful in the afternoon, and I blazed through it like it was first hand knowledge. I will go through the bullseye material with it’s by chapter ordering of questions a bit more closely for the next 30 days.

Reply

113 xrayNo Gravatar June 10, 2011 at 4:10 pm

Also to note the above. A patent prosecution book might be helpful. From the latest postings above the people that squeaked through recently have good experience in prosecution of patents or a background from law school in IP and patents. I think that the USPTO might be taking away alot of freebie questions, and adding some harder real-world scenarios that can’t be easily looked up.

Reply

114 ENo Gravatar June 22, 2011 at 10:08 pm

Thank you mypatentbar for being such a great resource!
I passed the patent bar recently. I used the PatBar materials which can be purchased online, but did not feel that they were absolutely necessary. They were helpful for clearing up my problem areas by explaining some areas of patent law in plain English rather than in MPEP-lingo which is clear as mud.
The most important part of my studying was doing previous exam questions – I think I had close to 30 repeat questions from the 2003 exams alone. Aside from that, I’d say, know the 102(e) chart that someone else on here mentioned, know your different 112 rejections, and take a glance at the new materials that were added in April. For studying the MPEP, focus on Appeals and Patentability. I had a ton of Reexam questions too, but I’m not sure if that it typical.
For those curious about the new material on the patent bar, don’t sweat it. Read it over once, and then you’ll know if you have to turn to it and where to turn when searching for an answer. I think I had to rely on the new material for two questions.
Good luck future patent agents/attorneys!

Reply

115 lilyNo Gravatar December 10, 2011 at 9:27 pm

E,
I’m glad that you mentioned the new material. I’m taking the exam in a few days and am concerned about that. Where in the MPEP is the new material? how should you study for that?

Reply

116 ElizabethNo Gravatar June 30, 2011 at 4:51 pm

Just passed the bar – yea! I studied at home using ‘Patent Education Series’. After going through the material twice, I was close but I wasn’t passing the old tests, so someone suggested I read the MPEP. I went into turbo mode and did nothing but study for 2 weeks straight, 8-12 hours/day. I read chapters 100-700 and 2100 and took my own notes. After that, I did a lot better because I knew where to look for answers in the MPEP.
Not a lot of repeats, but:
1) Tommie and Jo live on. They were on there, as was
2) a variant of the lipstick question – she ’secretly’ kissed people for over a year before she filed, but it was after the testing phase so she missed her 102 date.
3) Moondust was on there.
4) A lot of PCT and appeal questions.
Some tough questions – even if the answer looks obvious (no pun intended) you should look it up if you have time.
5) One question that almost got me: The patent has chemical structures and results fully disclosed in the spec with tables, etc., but not how to make the chemicals. What kind of 112 rejection is it, lack of written description, enabling, or both? It’s ONLY an enabling rejection. If you go to chapter 2100, there is a paragraph that lists part of the question verbatim, it’s about the written requirement of 112 1st paragraph, and you can see that even though 112 1st paragraph has the word ‘make’ in it, in this particular case it’s not a written description rejection.
6) I also got the one about copies of signatures – someone on an earlier post said it could be all 3, so that’s what I put. Not sure if I was right, but an oath can be copied for a reissue, and anything that can be faxed is essentially ‘copied’.
7) Got the question about what fees can be cut for small entity – the one that can’t is a title recording fee.
8) Got a question about faxing into the PTO a PCT countries election sheet on the filing day because it wasn’t submitted with the app – nothing I could find in the MPEP about that specifically. I know it has to be there on the day it’s filed, and you can’t fax an app, but is it considered part of the app? Don’t know.
9) Got some ‘reverse’ questions – like old questions, but instead of ‘which one of these doesn’t belong?’ it would be ‘which one of these does belong?’ and vice versa. Have to read those carefully.
10) Got a few questions that had cfr 1.131 as a choice.
My suggestions:
a) read MPEP chapters 600, 700, 2100, 1800 in that order. I think 700 is the most important. read others if want to :)
b) do as many old tests as you can stand, starting with 2003 and working backward, and make your objective to look things up in the MPEP as you do the test so you get used to it. Go over EVERY wrong and right answer with the PTO answer key. Memorize as many answers as you can. Look at repeat questions on this site and know them. I couldn’t believe Tommie and Jo were on there from 2000! I would have missed that (and 2 questions) without this site.
c) know that chapter 715 is for cfr 1.131 and type in the word ‘inappropriate’ on the search screen to find the sections on when it’s appropriate to use 1.131 and when it’s not.
d) ch 600 has the timelines for submitting IDSes and what fees and statements are due when, etc.
e) ch 1800 has a flowchart of PCT timelines. Type in the word ‘flow’ on the search screen to find it.
Try to relax! It’s hard but not impossible, even without many repeats.
That’s all I can remember, good luck to everyone!
Elizabeth

Reply

117 thedaveNo Gravatar July 26, 2011 at 4:57 pm

Took the exam recently. Did not pass, with a score in the low 60s. I used OmniPrep. I’m planning to retake soon focusing on the topics recent test takers highlighted above (PCT, timing, appeals, reissues, etc…), but mainly just practicing MPEP lookup.

I think I had pretty much the exam xray described, I can’t really add a lot more substance to his recent posts. My exam had very few straight up repeats, maybe 10-15 at most & not more than 30 “known” or expected questions altogether, including the extra questions Omni provided. These of course all helped, but I must say it threw me off to have to look up so many questions. My pacing got screwed up as a result. There were a whole set of questions asking for the statement not in line w/ the MPEP, and these killed a ton of time. Usually, 1 or up to 2 of these were obviously not the answer. That would still typically leave at least 3 obscure policies to look up. And sometimes up to all 5 had to be checked to confirm the “most correct” answer, especially when I was unable to find all of them in the MPEP.

Overall though, I was actually a bit surprised to not pass b/c I thought I had found the answers to much of the unknown questions & I completed all questions just in time.

As others have posted, I think the USPTO might have seen the passage rate increase in recent years due to repeated questions being discussed online, etc, and they’ve responded with fresh questions. Also, the laws/policies of course have changed recently, so it does make sense that new material has appeared. Wish I had taken the exam a year ago…

Reply

118 JamesNo Gravatar July 28, 2011 at 5:59 pm

Took it today and got a preliminary pass! Repeats listed here:

Q19) Mexican Nationals – PCT
Q21) Trade Secret Question
Q22) Germany – PCT / Patent Term
Q24) Japanese patent
Q25) Electric Fan
Q33) Indefinate Claim USing ‘High’
Q35) 2 Month Rule for Final Office Action
Q38) Piecemeal
Q50) Appeals
Q51) Best Mode
Q56) Restriction Requirement / Continuation Application
Q58) Exam Concept – Appeal
Q62) 102 and 103 Rejections
Q63) TP Submissions
Q67) Obviousness
Plane with foil wings
Question asking “which of the following is not considered a new application,” correct answer was RCE

October 02 AM and PM
None

April 03 AM
8, 30, 44

April 03 PM
12, 33, 44,

Oct 03 AM
7, 26, 36, 38, 41 (but a variant, answer was not e-none of the above, there WAS a proper multiple dependent claim, right from 608.01(n))

Oct 03 PM
4, 6, 14, 38, 43, 50

One comment about the facility: I was completely thrown off at first. Maybe I let it get in my head a little bit, but control+f did not work to bring up the search bar. You had to actually click the “find” button. Also, I was used to going to an area within a chapter and searching for a keyword from there. The software wouldn’t let me do that. For example, if I wanted to find the word “evidence” within chapter 2100, even if I was all the way at the bottom of 2100, and clicked within the window, the search would return the first match starting at the beginning of the chapter. I found this especially frustrating. Another thing to keep in mind is in order to zoom within the pdf, you have to click the zoom buttons–mouse scroll does not work. These are all small things, but good to know in advance.

As you can see, lots of repeats, especially from October 2003. I didn’t take any practice tests prior to October 2002, so not sure about those. I didn’t notice any tricky alterations to repeat questions, i.e., they were exactly as they were presented on this site. I can’t stress enough how important it is to look at all of the questions on this site. I looked at them all a second time last night, and again this morning right before the test so the answers were fresh in my head. It worked great for me. It’s a real confidence booster when you get to a question and instantly know the answer. But in the same breath, don’t immediately think that the question is the exact same. You should make sure there are no tricks. If I recall correctly, some people have reported “repeats” which throw in a “not” which changes the answer.

If anyone is interested, I’ll be selling my PLI review course. Leave a comment with your email address here if interested. It includes all the new supplements and practice tests for the new material within the patware software. Patware is also all web-based now, which makes things easier.

I have OCI coming up at my school. Has anyone had any experience with putting a “preliminary pass” on their resume? Advice on the best was to do this?

Reply

119 BobNo Gravatar July 28, 2011 at 6:09 pm

Congrats James. Do you remember how many questions you had regarding the new material? How did you approach studying for those? Thanks for the great information.

Reply

120 JenNo Gravatar August 8, 2011 at 7:14 pm

James,

I have some questions about your PLI review course. Could you email me? Thanks!

Reply

121 JamesNo Gravatar August 11, 2011 at 2:35 pm

Hi Jen-

Not sure if there’s a way for me to find out your email address from your post, but I can’t figure it out. Do you mind leaving it here for me, or telling me how to find it?

Thanks

122 JamesNo Gravatar July 28, 2011 at 9:41 pm

I probably had 5-6 questions that specifically had to do with 103. Out of these, I would say that only 2 were specifically directed to the new material. The others were repeats that did not rely on the recent changes.

It seemed that the ones that relied on the new materials specifically mentioned KSR in the question at some point. I think some of the KSR information has been incorporated into 2100, so I’m not sure if it was necessary to address the supplements directly. However, due to the issue I had with the search feature, I chose to find the answers in the supplements just because they were more manageable to search.

There was 1 question on the 112 supplement, and I think 1 question on the Bilski amendment.

The questions that were specifically directed to the supplements contained answers that were pulled right from the MPEP. “which of the following is/is not” type questions. Best way to deal with them was to type a keyword from one of the answers into the search, and all choices were within a close proximity of each other. Nothing too tricky.

Best way to prepare yourself for these is to just be familiar with the concepts in the supplements. The “teaching points” in KSR were not specifically required for any of my questions, but it’s a great summary of what’s going on. I would expect a question which has a similar fact patterns to one of those cases, similar to the PLI practice questions on the supplements. But, again, most important thing is to identify keywords in the answer choices and search.

If you have any other questions, let me know.

Reply

123 BobNo Gravatar July 28, 2011 at 11:13 pm

Thanks James. Great info.

Reply

124 RBNo Gravatar August 2, 2011 at 1:25 am

Hi James,

I am interested in your PLI material.

Reply

125 JamesNo Gravatar August 8, 2011 at 9:42 am

Hi RB. Sorry for the late reply. Post your email and I’ll get in touch with you.

126 DavidNo Gravatar August 4, 2011 at 4:19 pm

Hey everyone! I just took the exam today 8/4/11 and I got a preliminary pass on my first try! I can’t thank you all enough for your posts and helping me with the examinations. So I want to pass on the good to future test takers that I received. So here is goes:

Studying:
I took the PLI course and studied while working over the summer for a period of four months. I listened to all of the lectures, completed the questions and took the examinations for 2002 (oct), 2003 (oct + apr). I was NOT passing those examinations. I received scores of 68% and one as low as 60%. I continued to study what I had got wrong and learning the explanations. Well it came around a week before the exam and I found this website. Here is the deal, taking a review course gives you some essential background information that will help and I recommend taking one (more why later) but this website is also extremely helpful depending on how you use it.

I used the website as guide towards what kind of questions have been coming up on the exam and what to expect. It may or may not be the best way but thats how I used it. I went through EVERY question listed on this page…every one. Then I read each explanation. I did all of this with less than a week left. A lot of these questions will come up either exact or in a way where understanding the concept makes the difference so do them all! Next I notice that a lot of people reported Appeals and PCT being tested heavily, and they are, so I went back to the PLI materials with less than a day. PLI lets you take custom exams focused in areas of law…so I took custom exams solely on Appeals and PCT. I saw what I got wrong and then took another and repeat. Another reason I recommend a commercial review is when I had questions PLI answered them immediately. It was great to get the clarifications I needed from people who knew the answers.

The exam facility:
A couple quick things about this as other have commented. You will start the exam when you arrive, they take your photo and you begin. I arrived 30 mins early and started the exam early. In regards to the noise…other people are taking exams and have different timing so there will be some distractions. I brought my own earplugs and used the headphones they provided. It worked great for me. Other than that the facility was great.

What you all want to know repeats:
Oct 03 PM
4, 6, 38 (I got this exact one twice!), 43, 50
Oct 03 AM
7, 26, 36, 38, 41
April 03 AM
8, 30, 44
April 03 PM
12, 33, 44,
Also, Electric Fan, Piecemeal, Japanese Patent (Variant), Mexican Nationals-PCT (with a corporation but the answer is the same), and Plane with foils.

On a side note: Notice how I haven’t mentioned how much I studied the supplemental material? It isn’t that bad or that much! Probably a total of 4-5 questions that dealt specifically with the supplemental and most could be found in 2100. Most of the 103 are similar to older questions. One new 103 will say something like disregard the John Deere obviousness – this is NOT the answer. The answer is the only other possible one that explains elements of a KSR case. Personally, and this is just me, I would focus more on PCT and Appeals as they were much more heavily tested.
Anyways sorry for the long message and I hope this helps!

Reply

127 New Agent (Copied from Exam Concepts tab)No Gravatar August 12, 2011 at 12:42 am

I preliminarily passed the exam on 8/11. I am paying it forward to all the past commenters that helped me to pass. Thank you to all who have contributed to this great website (especially bigbadvoododaddy, overworrked, and boating bob who always provided accurate and cited comments). Background, I graduated with my engineering degree in the spring and am attending law school this fall. Some patent experience before but nothing focusing on MPEP. I did not read any chapters of the MPEP but would advise to do so considering Appeals and PCT as they are HEAVILY focused on the exam along with 2100.

Testing Center
Professional staff went straight by the book! Small computer screen unfortunately. Allowed me to bring in ear plugs. As others suggested made a chart for each morning and afternoon sessions with column headers of Question#, A, B, C, D, E, and comments to help in my analysis. I also marked questions on the screen.

Study Materials

1) Purchased used PLI course- please note that due to the very few questions focusing on new material it is not necessary to purchase the new PLI materials (costs outweigh the benefits). Overall, the PLI course provided a great outline to aid in MPEP understanding. Best part was the PATWARE software which allowed me to take a pretty decent simulation of the test. Additionally, I could review my exams and look at which chapters in particular I struggled with and make tests solely on those chapters. I would not focus on claim drafting to the extent that John White emphasized in his lectures.

2) Old tests downloaded from this site. Pay special attention to the “Exam Concepts” section. I, like one of the prior posters, found it most beneficial to read the description provided by the forum author then scroll to the bottom and scroll upwards instead of downwards as the best advice is normally at the end of the comment string. Beware on the website about misinformation.

3) New April material PDF’s from USPTO site, go for big picture on these documents as the details are not tested or are easily searchable.

Questions Tested
~Foil airplane (didn’t see this one really highlighted so I want to fill in some details) You file an application for a paper airplane covered with foil only on the wings that yield some described benefit. Prior art considers a paper airplane covered by bubblegum wrappers that consists of outer layer and aluminum inner layer. Can the application receive a patent or will the prior art obviate it.
Piecemeal examination (answer all the above)
~PCT- Missing parts
~PCT- non-english language version submitted to US residents that are foreign citizens
~PCT-Sweden question
~PCT-mexican nationals, app in English question
~PCT- only designate US…where does it publish (IB and/or/nor US national stage…)
~Question discussing how original claimed range was 25-60% X prior art said was X was 25%, applicant limits range to 35-60% (numbers might be slightly off, but difference of 10%) is the rejection overcome
~Rights of non-signing inventor
~Linking claim when restriction between claim 1 and 3
~Application filed with no claims will get no filing date
~Necessary parts on declaration/oath needed for filnig date (2 questions!)
~Equivalence
~Reissue variant of (Tommie and Jo)
~Broom- multiplicity of claims (examiner should call)
~Electric, clock fan – scale doesn’t matter
~Information requested by PTO—not readily on hand
~Use of 131 affidavit
~Why use a combination 131 and 132
~Fact patterns in which a 102e rejection can be overcome
~2 month rule –question had examiner responding within three months so the fee calculation starts at the end of the shortened 3 month period
~Appeal- whether filing fee needed to file
~Indefinite use of high (2 answers are close—wen with the one saying use of high was ok, other close answer didn’t say whether ok or not)
~Chemical Claim
~Basic filing fee covers 20 total claims and 3 independent
~Best mode- designation of best mode not required
~IDS after filing issue fee—what can you do— gets put in patent file not considered
~Inventor dies after notice of allowance—what happens to application

Old Questions
10.03.4a Elemental copper
10.03.17a obvious widget
10.03.22a public access
10.03.25a PTA
10.03.32a enablement rejection
10.03.35a
10.03.37a
10.03.44a PCT Japan- 45 day FFL question
10.03.47a
10.03.06p moon dust
10.03.13p Inventor beck
10.03.08p “reasonable diligence”
10.03.28p parking tickets
10.03.38p XYZ company
10.03.43p ADS
10.03.50p 102 (g)
10.02.01p
10.02.34p express mail

Thanks again to all! I will check back to the site in a few days if anyone has any questions.

Reply

128 maggieNo Gravatar August 25, 2011 at 7:32 pm

I just took the exam, failed. I got PLI test materials I was scoring high 80-90% max consistently over the last month before taking the exam and high 70’s on the Blksi,112 and KSR PLI Q’s but, when I took the exam I did not pass by a couple of questions.

I did not see many repeats on the PLI 2002-2003 patware, maybe ~10. The new material was tested a good amount Blksi,112 and KSR 103/2100 along with Accelerated examination. PCT and 1200 was also very heavily tested. I also got some 1-2 EFS questions.

I

Reply

129 maggieNo Gravatar August 29, 2011 at 12:25 pm

New Questions I saw 8/24/2011:
(1) Requirements for submitting an Accelerated examination: Answer choices I-IV out of the MPEP
(2) 101- a bilski question. asked which were patentable. Answer choices abstract ideas are not patentable
(3) What statements will invokes 112-6th regarding a general computer?
(4) EFS S-electronic Signature Q: Which one of the following is true type of question. I don’t remember the answer choices-answer choice by submitting an e signature you are submitting your handwritten signature.
(5) What is not a continuing application?
(6) Examiners process for search for prior art–answer?
(7) PTO information request from applicant, what is allowable/when–answer?
(8) Multiple Re-exams by same party? –answer

Reply

130 done studyingNo Gravatar September 6, 2011 at 4:02 pm

I just took the exam on 9/3/2011 and passed. I would first like to say thank you to everyone on this website for the invaluable resource. Here is a summary of the repeat questions that I saw that I can remember:

2003 October AM
Bloc; Synthetic Z
Smith (variant on claimed technology, but same idea)
Late IDS when client knew PA all along
RCE during appeal
Allowance after abandonment after appeal
Dependent Claim
Restriction Appeal
Foreign Filing without Publication

2003 October PM
Moondust
National Stage by Fax
Claims lacking utility
Issue fee transmittal form
Smith & Jones (2 of the variants, can’t remember which two)

Exam Questions and Concepts
Spanish Phone
Indefinite claim using “high”
2 Month Rule for Advisory Action (variant)
Best Mode

There was also the question about 35.1% and 64.9% in the PA to 102 reject 35% and 65%, but I can’t remember where I saw that one on the website.

There were more Qs about Appeal remands, restriction requirements, double patenting, and reissue applications than I expected. There were also 4 or 5 total Qs about the new 112, Bilski and KSR guidelines.

Good luck to everyone.

Reply

131 J. PohlmanNo Gravatar September 11, 2011 at 5:59 pm

Passed it today 09/11/11. I saw the moondust eraser question, lots of PCT and Appeal questions, and ~5 questions on the Bilski and KSR cases.

Reply

132 RobbieNo Gravatar September 12, 2011 at 6:33 pm

Today, after my second attempt at the patent exam, I received the long-awaited preliminary PASS!!! I honestly don’t think I could have done it without this website. I first took the exam in late May of this year after going through the PLI course for 2 months, which was about 150-200 hours of study time. When I took it that time I got a 58…ouch. I was pretty much devastated. In my opinion, the PLI course does a great job laying the foundation for this test, but it was just not enough for me to pass. I told myself I would take the exam again sooner rather than later so I wouldn’t forget what I had learned. Thankfully I found this website probably a few weeks after I took the exam in May. Around late June/early July I got really serious about doing the practice exams and going over the repeats on the site. I probably did the old exams twice each, and I went through every single repeat on this site. I also looked over the “new” questions on the Exam Questions and Concepts page, but I mainly focused on the appeals and PCT questions listed, as they are what gave me the most problems the first time I took the test.

Now to what I saw on my test today! From what I can remember…
Laurel, Abbot and Hardy (4.00.14a)
Smith Laminate(4.00.17a)
Tommie and Jo(4.00.23a/4.00.24a) – I had Q24
Reexamination (4.00.47a)
Federal Court Decisions binding for Office (4.00.19p) – but the word “not” had been added to some of the answer choices, so be careful!
102 (f) (4.00.44p) – a variant, but same principle
Prior Art (10.00.16a) – a variant where you had to select the correct statement(s)
35 USC 101 (10.01.6a) – variant, just know the principle
Affidavits (10.01.46p) – variant, know when to use 1.131
Public Inspection (10.02.21a)
Third Party Submissions (10.02.46a)
Notice of Appeal (4.03.8a)
IDS after Notice of Allowance (4.03.26a)
Inert gas (4.03.30a)
Board Decisions (4.03.37a)
Polypropylene range (obviousness of ranges) (4.03.44a) – variant, same principle
Interference and Reexamination (4.03.12p)
Bloc; Synthetic Z (10.03.7a/4.03.32p)
Amendment after Appeal (4.03.38p) – I think I had a variant on this one
Canceled matter as PA (4.03.48p) – variant changed to a “select the correct statement(s)” type of question, answer (A) had been changed to reflect the true statement in the MPEP (Canceled matter in the application file of a U.S. patent is not a proper reference as of the filing date under 35 U.S.C. 102(e)) so that (A) and (D) were correct (or I and IV in the case of my question)
prior art exclusion of 35 USC 103(c) (10.03.11a) – had a variant on this, just know the 103(c) exclusion
Public Access (10.03.22a)
Supplemental oath as an amendment (10.03.26a)
RCE During Appeal (10.03036a)
Allowance after abandonment after appeal (Variation on 10.03.38a)
Restriction Appeal (10.03.42a)
Invitation to Correct PCT Application (10.03.4p)
Moondust (10.03.6p)
3rd Party Submission – Japanese publication (10.03.10p) – I didn’t have this question, but I had two variant questions on third party submissions, might want to take a look at that section so you can do some quick lookup if necessary
Prior Art Reference (10.03.19p) – variant, another one of those “select the correct statement(s)” type question
Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
Toy plane with Foil Wings (10.03.46p)
Public Use (10.03.47p) – variant, just know that “known or used” must be in this country, meaning not NAFTA or WTO countries
Ex Parte Rejection (10.03.50p)

“New Questions” from the website I remember from my exam:
Q9) Correcting PCT Applications – had this one, I selected only changing “ccar” to “car”
Q19) Mexican Nationals – PCT
Q25) Electric Fan – the clock, fan, lamp question – I remember it from both of my exams!
Q33) Indefinate Claim USing ‘High’
Q35) 2 Month Rule for Final Office Action
Q38) Piecemeal
Q51) Best Mode
Q54) Australia (30 Month) – PCT – didn’t have this question about Australia, but had a couple of other questions that appeared to be the same fact pattern, just different countries, and required knowing that if there’s no “money by 30” as John White would say, then you are out of luck
Q64) Restriction – had question about combination, subcombination and when a restriction is proper
Q67) Obviousness

Had just a handful of questions that look like they came from the KSR and Bilski material – maybe they were beta questions, maybe not, but they seemed fairly straightforward. I know this is a ridiculously long post, but it gave me reassurance when frequenting this site to see that other people had lots of repeats. So, if you’ve taken the test before but were unsuccessful, keep at it and become friends with this website!!! You won’t be sorry!!! :o ) Good luck to everyone studying!

Reply

133 maggieNo Gravatar September 12, 2011 at 7:02 pm

Thank you!

Reply

134 Go4theGustoNo Gravatar September 13, 2011 at 12:20 am

You can pass this exam!! I pass on 9/1 on my first try and I have to give a TON of credit to this website. Unfortunately, I purchased the PLI at full price . It is definitely not worth the asking price, however, it does come with software that allows you to create custom exams based upon specific chapters of the MPEP. This was nice to hone in on my problem areas (i.e. ch. 1800 and 2100).

If you can find study material cheaper elsewhere, then get it. In 20/20 hindsight, I’d say I would only spend about $500 to $750 for a brand new prep course. The best piece of advice I can give is to take the previous exams over and over and over! I had at least 20 repeats or variations thereof. If you want to pass, you must nail these! You get one point plus extra time to dedicate toward other questions.

Reply

135 maggieNo Gravatar September 13, 2011 at 3:02 pm

Thanks! I am doing the previous exams over and over and over!

Reply

136 patentgeekchickNo Gravatar September 22, 2011 at 8:54 pm

Preliminary Pass Today. Yay!

Do yourselves a favor and STUDY ALL the repeat questions. I got around 20 today, and that made ALL the difference.

Also, take a look at the “Currently tested” section. Some questions may be a mess, because we don’t really have them, but at least be familiar with the subject and where it is located on the MPEP. That will give you plenty of time to go over the very confusing questions nobody can remember.

I’m pretty much braindead now, but I’m sharing my experience.

Repeats:
Reexamination (4.00.47a)
Q) Federal Court Decisions binding for Office (4.00.19p) – verbatim
Q) IDS after Notice of Allowance (4.03.26a) – verbatim
Q) Inert gas (4.03.30a) – verbatim
Q) Board Decisions (4.03.37a) – verbatim
Q) Polyethylene/polypropylene range (obviousness of ranges) (4.03.44a) – verbatim
Q) Interference and Reexamination (4.03.12p)
Q) Bloc; Synthetic Z (10.03.7a)
Q) Practice (4.03.44p)
Q) Public Access (10.03.22a)
Supplemental Oath (10.03.26a)
RCE During Appeal (10.03.36a)
Q) Allowance after abandonment after appeal (Variation on 10.03.38a)
Q) Restriction Appeal (10.03.42a)
Q) Invitation to Correct PCT Application (10.03.4p)
Q) Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)
Q) Application Data Sheet (ADS) (10.03.43p)
Q) Ex Parte Rejection (10.03.50p)
Tommie & Jo #24
Moondust
Laurel, Abbot & Hardy

Currently Tested:
Original signature/copy – amendment, …
Correcting “ccar” in PCT.
Piecemeal
Trade Secret
Spanish Phone
Mexican nationals/corporation – US resident but USPTO not proper RO if NOT in English.
Trade Secret – 724.03 – Thus, any trade secret, proprietary, and/or protective order materials which are required to be submitted on behalf of a patent applicant under 37 CFR 1.56 or patent owner under 37 CFR 1.555 can be submitted in accordance with MPEP § 724.02. Neither 37 CFR 1.56 nor 1.555 require the disclosure of information favorable to patentability, e.g., evidence of commercial success of the invention (see 42 Fed. Reg. 5590). **Such information should not be submitted in accordance with MPEP § 724.02.**
Q19 – Germany – PCT – declaration by Traveling practitioner not of record (with #) via FAX ok.
Electric Fan
Indefinite claim using “high”
2month rule for final OA
Docs requiring signature

EFS electronic signature signature – represents…

PCT claiming priority of US nonprov. Later continuation filed. 102(e) date of publication of continuation app…

Proper MDC
Who can make statement of commonly owned invention to overcome 103/102(e)?

Variant of ranges – over come range. Didn’t know the answer. One stated 6-9, pref 8. Prior art said 6. Amend claim to say 8.
Which not entitled to Certificate of mailing – CPA
Variant of PCT designation of state made by fax
New matter (variant(
Definition of DP

Best mode need be disclosed, need not be IDd

up to 180… – cup – overcome obviousness?

When IDS proper submission for RCE? After NOA

Correct priority claim in Reissue? Need submit certified copy? Or unavoidable delay +fee …

Inventor refuse to sign – Correct inventorship to ADD inventor, not change claims. Correct inventorship in reissue – not broadening, may be done only by assignee

Date of Notice of appeal – since when count to determine fees
* Applicant replied within 2m, Examiner responded Before 3m SSP

a martinet comprising a wood something with X, Y, Z. Prior art discloses wood something with X,Y,Z. How to overcome?

3rd party submission when wrong
Protest – which not? min. 10, serve? when done?

Inventor and practitioner in Germany, must file declaration for antedating or something. What can they do? Germany Express mail? not. Send to US and somebody bring it? No. Answer – may send by fax.

New matter in spec. In Claim 2, not in claim 1 but affected? What to do?
* Reject under 132
*Reject under 112
* Reject claim 1?
*object?

Priority – same inventors?

When restriction proper? combination/subcomb

Definiteness – algorithm –

Software, enabled is PHOSITA may program? or may not be regular use computer.

Subsequent reply in reexam
* by same third party on different…
* by different third party, on different
I, II, III ?

Assignment must be in Transmission Fee Form

NAFTA changes “public use” to all countries, not just uS – wrong!

Assignment docs open to public even if… one part public, one part not public

When amendment after reply brief may be entered?
*3m from.
4m from
2m from…

Death of inventor, assignee of full interest, who may prosecute? (heir unless assignee gives POA)

Intermediate claim reissue – cancel
correct inventorship application correct
*identify inventive entity signed by just B
*identify B signed by B
*oath by all

Previous Japanese application. PCT, not designing Japan. Priority? Limit date to claim

Smith Laminate variation (choice A is still the one that will NOT overcome 102 rejection – therefore, right choice)

102(f) variation –

Oviousness of independent/obviousness of dependent

Petition to make special – what needs
* search
*…
*…
* ADS

Obviousness
-not use Graham factors, but KSR and fully address
-use the rejection “known use for similar technique”

Choices 1, 2, 3, 4
1, 2, 3, 4, 5,

Considering inherent features in 103. Not compliant w/ 112

Canceled matter
* 102(a) may
* 102(e) may
* 102(a) may not
* 102(e) may not

VARIANT on 4/27/2011:
Patent has broad claim #1 AB, narrow claim #2 ABCD, wants to add intermediate claim #3 ABC. (Broader than 2, narrower than 1). Prior art that has been “submitted” (cant recall context) means that Claim #1 is probably invalid. Patent issued 3 years ago. What to do?
A.give up
B. reissue, file amendment to insert intermediary claim, cancel claim #1 (my answer)
C.*disclaim* claim #1, reissue, insert intermediary
D.do something
E. do both B & C
C probably fails b/c the disclaimer affects scope before you reissue. Key is to understand that broadening means broader than EVERY claim in the patent. See MPEP E8R8 1400.

Good luck!!!

Reply

137 Armen TanzarianNo Gravatar September 23, 2011 at 11:03 am

Took and passed Sept. 22. Studied for 5 days using only this site. Thank you so much for this invaluable resource!

Like everyone else says, know 700, 1200, 1400, 1800, and 2100 and get used to searching the MPEP. A fair amount of obviousness questions.

Morning session was very easy, afternoon started off with a lot of hard questions which threw me off, I decided to just guess, move on, and came back after finishing the rest.

Testing procedures – I got there early and they made me start right then, I was planning to look over notes another 45 min in lobby but they insisted that if I was there I had to start. I started to make a grid for answer choices during the tutorial but someone came in and told me to stop. Just an FYI. My monitor also stopped working in the morning session (at first I thought I had lost all my answers for the first 40 or so!) but they got things taken care of in less than a minute.

What you’ve all been waiting for, the repeats:
Moondust
Tommie & Joe – Both Questions
Inventor Beck
Board Decisions (4.03.37a)
Ex parte Rejection (10.03.50p)
Reexamination (4.00.47a)
Federal Court Decisions (4.00.19a) – Some have reported “not” being added to answer choices, I don’t remember if that was true but the concept is still the same (and still B). Still very straightforward.
Prior Art (10.00.16a) – I saw someone reported a variant but mine was verbatim.
101 – 10.01.6a
Notice of Appeal (4.03.8a)
Polypropylene Range (4.03.44a)
Interference (4.03.12p)
Bloc/Synthetic Z (10.03.07a)
RCE during appeal (10.03.36a)
Allowance after abandonment (variant of 10.03.38a) < KNOW all of the concepts regarding allowance or cancellation of claims when there was an appeal. There were a number of ?s on this.
Correct PCT (10.03.4p)
Prior Art (10.03.19p) variant – just hit 2100 or the KSR bulletin. TSM test is still ok just not exclusive, but examiners need to cite facts using TSM or one of the other 6 tests from the KSR bulletin. 5-10 103 questions like this, how to determine skill of art, etc.
Ex Parte Rejection (10.03.50p)
Enablement (10.03.32a) – Variant but similar
Express Mail (10.02.34p) – Also one variant that I think was a beta, I couldn’t find a good answer.
XYZ assisngment (38 from Oct 03 I think? Sorry, I didn’t put the number in my notes for some reason) – I had this exact question AND an extremely similar variant.
Appeal (04.03.08a)
Reexam certificate (04.03.12p)
File for reexam (04.03.44p)
Lip gloss
Spanish design patent on phone/102(d)
“high” in spec
The question about a 103 rejection over Smith and Jones – don’t remember the number.

A couple of 101 questions but all easy and in 2105. Living v. inanimate doesn’t matter.

Inventor dies but had given attorney part interest. POA not revoked and attorney can continue prosecuting. A couple of variants on death of inventor or unavailable inventor. All in 409.

Mexican and American applicants filing application in Spanish – Not accepted as international application at PTO since not in English. Didn’t get the Costa Rica/Sweden variants.

Small Entities don’t get reduced fees for document title

Assignee not of record can sign a small entity statement.

If trade secret info in an envelope is relevant to patentability it goes on record.

934 claims – examiner makes a call and requests a selection.

The one about a fan and scale of drawings – scale doesn’t matter and rejection is proper.

Five Steps

The one about deleting a priority claim then trying to get it back – In my facts it was a non-final office action so prosecution was not closed and the RCE answers were all wrong. Also cant file for unintentionally delayed.

One question on reissue – deleting broadest independent claim and adding a completely new dependant claim that is still broader than any other kept claim is not a broadening reissue, so it can be filed beyond 2 year deadline.

4 or 5 restriction requirement ?s. All searchable in 800. Only answer I remember is for linking claims you elect one invention and then…..I actually don’t remember but its all in 800. Also remember that you petition, not appeal, restriction requirements and claims are not rejected under a restriction requirement.

Variant of final office action/advisory action/SSP/deadline question. In mine the examiner mailed the advisory action within the 3 month SSP, so the SSP governed the fee timeline.

A couple 102(f) questions – both pretty easy. One had some answer choices from 4.00.44p.
Know that references that are subsequent to the filing date can still be used for 102(f) and derivation from another country can sustain 102(f). Those ARE NOT the correct answers (both ?’s were find the incorrect statement) but if you know those facts you can eliminate those choices.

2 or 3 variants of Affidavits 10.1.46p – Just know when to use 1.131, doesn’t work for same claimed invention, 102(d) or other bars, statutory double patenting, etc. The bold holdlines from this section of the MPEP actually cover most of what you need to know so you can scan that section pretty quickly.

Reply

138 Armen TanzarianNo Gravatar September 23, 2011 at 11:05 am

Should clarify, I got more than one question on reissue, that’s just the only thing I can remeber off hand. Probably 4-5 total on reissue.

Reply

139 DannyNo Gravatar September 26, 2011 at 11:13 pm

congrats! You are a lucky bastard to have passed after 5 days work. It took me two months of prep on and off.

Reply

140 Armen TanzarianNo Gravatar September 28, 2011 at 10:45 pm

Just to clarify on that front for people trying to develop a study plan – if you are starting from square one days wont cut it. I took 5 or 6 patent courses in law school and clerked at a firm full time in the summers and part time during the year, so I had all the basic concepts down pretty well all ready. Even with that it took a lot of time to learn some of the nuances of appeals, PCT, reissue/reexam, random mailing rules, etc., in addition to just learning how to navigate the MPEP quickly. And, of course, memorizing the repeats & “Exam Concepts” questions off this site is a must and takes a little bit. I certainly don’t think review courses hurt but I really think people can base their studying off this site and get what they really need. If you aren’t comfortable with some concepts just start with the study guide section before moving to the old exams and newer questions.

141 fengyuwuzuNo Gravatar September 28, 2011 at 1:31 pm

for the new materials tested after 4/12/2011, how obvious is it to look at the new added materials or in the MPEP? In another words, if you encounter a problem regarding 101/103/112, how do you know if you should search MPEP or new materials?
Thanks

Reply

142 Armen TanzarianNo Gravatar September 28, 2011 at 10:38 pm

For the most part all the answers one those questions for me were in the MPEP, usually 2100. There was one question that went to the 7 possible tests for 103 from KSR that I got from the new materials and one 101 question answer where you had to know business methods are not categorically excluded which I found in the Bilski guidelines. Those may have been in the MPEP as well. I looked at the new material ahead of time and I would suggest doing that (its quick) but try to find it in the MPEP first. If you are totally striking out move the new stuff.

Reply

143 fengyuwuzuNo Gravatar September 29, 2011 at 12:34 pm

thanks for sharing.

144 fengyuwuzuNo Gravatar September 29, 2011 at 12:38 pm

a question for PDF viewer in the exam: People said it is like acrobat reader 5.0.

1) does the left side have a column window — “bookmarks”, that lists the topics so you can look through quickly?

2) the search or “find” function, do I must search several words which are continuous, or can I search some words by using “and” or “&”?

Thanks in advance.

Reply

145 PaulNo Gravatar October 7, 2011 at 3:53 am

1) does the left side have a column window — “bookmarks”, that lists the topics so you can look through quickly?

Yes. But not exactly the same as the PDF you download from the PTO IIRC. I think you have to manually switch chapters (100, 200, etc.) using the dropdown box at the top of the window. The bookmarks sidebar is definitely there, though, which makes navigation somewhat easier.

2) the search or “find” function, do I must search several words which are continuous, or can I search some words by using “and” or “&”?

Didn’t try it. I relied very lightly on search, simply because the “Find Next” function was slow, and the search had to start from the beginning of the document. I think your best bet is to identify really good keywords for search, that will not be repeated throughout the chapter.

Reply

146 GregNo Gravatar October 10, 2011 at 6:24 pm

Taking the test on Oct 15th and I’m starting to freak out a little. I have been going over all of the old exams and the repeated questions as indicated by all of you. Is there any other advice that can be passed my way?

Reply

147 maggieNo Gravatar October 11, 2011 at 1:41 am

HI Greg,
I would make the Grid for Q 1-50 A-E for each question (in case you get a a lot of look up Qs will have info on what you eliminated already). I wish I would have done that. Good luck. I am sure you will do great

Reply

148 maggieNo Gravatar October 11, 2011 at 1:41 am

HI Greg,
I would make the Grid for Q 1-50 A-E for each question (in case you get a a lot of look up Qs will have info on what you eliminated already). I wish I would have done that. Good luck. I am sure you will do great.

Reply

149 GregNo Gravatar October 11, 2011 at 11:41 am

Hey Maggie, thanks for responding to my post. Could you elaborate more on your comment about making a Grid? What do should I put in this Grid? Should I jot down my answer and then make a reference to what rule applies to that answer? Thanks Again :)

Reply

150 maggieNo Gravatar October 11, 2011 at 11:48 am

Someone recommended it. I am new to computer tests so i think it is helpful. It takes like 5 mins to do but you would make a list of (1). A, B ,C, D, E (2). A, B ,C, D, E (3). A, B ,C, D, E on the scrap paper given to you and then mark off the ones (A-E) that you know are wrong by strike through and then circle the number of the question you need to go back for look-up later. Help you get track of question you eliminated and questions you need to look up. I ended up having a lot of look-up which took time to re-read and eliminated again :( Good luck and be relaxed. Read question 2X before answering you should know appeal, PCT down cold.

Reply

151 maggieNo Gravatar October 11, 2011 at 11:52 am

Regarding notation on A-E Question Grid. Do a test run on a practice exam or two and see what notation works best for you.

Reply

152 maggieNo Gravatar October 13, 2011 at 6:41 pm

Has anyone seen repeat questions from the 1997 or 1998 exams?

Reply

153 JoseNo Gravatar October 19, 2011 at 7:26 pm

Just finished the exam today with a prelim pass and thought I would contribute to the website because it has helped me so much.

I had some problems with the software during my exam. When I opened a section of the MPEP and then opened another section, the search function would not completely work with the section that I opened second. The limited functionality is hard to describe, but basically when I typed in a search term the pdf would go to the page that the word was located on, but would not highlight the work that I searched for. Very annoying! When I scrolled down on that page, the highlighted word would blink, but would stop blinking when I stopped scrolling. I figured out that if I closed the MPEP, went to a previous question and then back to the question that I was working on, the search function would return to normal.

Second, using ctrl+F did not bring up the search box on my computer. I had to click “Search” everytime I wanted to search something. In addition, I could not “Find Next” by hitting enter after searching the first time. I had to click “Find Next” everytime!

The repeats that I remember:

aluminum airplane
substance Z with 2 utilities
obviousness and the 35% alloy v 34.9% alloy
the ccar question
cannot use fax to correct no designation in PCT
Laurel, Abbot and Hardy
Smith Laminate
Declassified Reference
Federal Court Decisions binding for Office
Third Party Submissions
IDS after Notice of Allowance
Inert gas
Mike and Alice are Shipwrecked
Canceled matter as PA
Moondust
Claim anticipation / Paprika (varian with hair regrowth product that is anticipated by patent which uses compound for another purpose, answer is file a claim to method)
Spanish Phone – Design (answer was CIP would be barred by 102d)
Mexican Nationals – PCT (one of inventors was US nations so filing was OK)
Maintenance Fee Paid / Check Returned (variant but tested same section)
Death of Inventor after filing (answer was can be prosecuted by assignee)
Indefinate Claim Using ‘High’ (answer was definite if PHOSITA would understand claim breadth–search relative terms in MPEP, there is a section on words like this)
Piecemeal Prosecution OK when
Advisory Action was submitted before end of 3 months so extension measured from 3 months
Documents Requiring Signatures (there is a section on original signatures in 500, basically if it can be faxed then it can be a copy of signature)
Best Mode

Reply

154 Lisa O.No Gravatar October 30, 2011 at 4:33 pm

I’m scheduled to take the exam in a little over 2 weeks. I am finding this website extremely helpful! I’m curious…..does anyone know why PTO publishes test questions and answers from 2002 and 2003 exams, particularly since some of these old questions are repeated on subsequent exams? Is PTO required to make questions public at some point in time? Does PTO make some old questions public in order to help applicants in preparing for the test? Thanks! Lisa

Reply

155 KFNo Gravatar November 3, 2011 at 4:33 pm

Just got home from the exam. I didn’t pass. Got 60%. :( I had hardly any repeat questions, maybe 4 that I can remember, Moondust, A PCT one, Foil airplane, and one other I’ll try to remember. I was hoping for a lot more like others had. Not so. The exam was much harder for me then the practice tests. Lots of random things i had never heard of like subcombination/combination. I had to look up almost everything. Lots of appeal and obviousness, handul on the new KSR and Bilksi stuff. I was really hoping to pass. Damn. I studied for hours a day since early August. Damn. Oh well, I’ll take it again! I am working full time and balancing life with studying so I guess it will just take me longer.

Reply

156 Lisa O.No Gravatar November 3, 2011 at 7:15 pm

KF,
Sorry to hear that…hopefully the next time you’ll have more repeats. I’m taking the exam on 11/16 and am in the same position you are in – working full time and balancing life with studying. Hoping for repeat questions too…..did you take a review course?

Reply

157 ChrisNo Gravatar November 15, 2011 at 3:15 am

Hey Lisa!! I take this exam on Wednesday also!! I really just started to get to these old questions today. I really hope its enough time to at least get the popular ones down. How do you feel about the exam? Where are you taking it? I wonder if we will have most of the same questions.

158 John SmithNo Gravatar November 4, 2011 at 10:51 am

First, thanks a lot guys for putting up this website. I passed the exam yesterday. I prepared from this website “exclusively”. It is better than BARBRI, PLI, PPG and everyother thing I have seen before. Anyway, here are the questions that I got –
(exam date 11/03/2011) –
1. Moondust – Inventor TIP, pencil eraser questions.
2. Signal – Is it patentable? Look at the Bilski guidence.
3. PCT – only one inventor, JP citizen resident in US, does not designate US, only JP and spec is in japanese? What will uspto do – ans: fwd to IB after transmittal fee, and give him a filing date.
4. Two very similar questions about Appeals – BPAI introduces new grounds of rejection, applicant reopens prosecution -> what happens next? Ans – dont remember it exactly. Please review the MPEP Appeals part on new grounds.

5. Lot of 102(a) and 102(e) – remember the prior art has to be of “another”.

6. Lot of obviousness questions – One new question I saw was – what does examiner has to do EXCEPT – in case of an “obvious to try” rejection. Please revew the obviousness guideline material – obvious to try paragraph.

7. Oath or declaration questions – what if all inventors are not identified?
Address of one inventor is wrong, how to fix it.

8. Comound Y prepared by process Q1 – product by process questions. Abt the metling pt being suprisingly low.

Thats all I can remember. Thanks again for the great website.

Reply

159 KFNo Gravatar November 6, 2011 at 10:59 pm

Hi everyone,

Well, I took the weekend off, moped a bit, and am ready to ramp up my studying to pass for sure the second time. A question for those taking it for the second time-it seems you have to both apply to the USPTO a second time, as well as sign up for prometric. Do you have to wait until you recieved a second approval letter from the USPTO before you schedule your exam for the second time? I know you have to wait for the 30 days to go by, but I’m a little confused what I have to do. Any tips would be great.

Reply

160 KFNo Gravatar November 6, 2011 at 11:02 pm

Lisa O-I purchased the PLI materials. I first bought the older materials, but the testing software was disabled in September after I bought if off ebay. :( So I purchased the new course. Having the testing software has been very helpful. I love that I can make tests out of just the topics that are harder for me. I need to do that more.

Has anyone purchased the TAPRE flashcards? I love flashcards and purchased them over a month ago and FINALLY got them. I would not recommend that company. But I am wondering if anyone has them because I am missing 6 flashcards!! And was wondering if someone would share with me what I am missing. I am missing 184-190. I doubt anyone from the company will contact me back as I left 2 voicemails and sent 3 emails wondering where the flashcards were. I think if I had them before the test like I was supposed to I would have been better prepared. Harumph.

Reply

161 chemEEENo Gravatar November 8, 2011 at 7:17 pm

I was in the same boat – I had bought PLI materials last year, and when I tried to use the Patware CD it was out of date and disabled.

The trick around this is to set the date on your computer back a couple years and it should work

Reply

162 Lisa O.No Gravatar November 8, 2011 at 7:22 pm

I had the same problem – bought the homestudy PLI materials last year and the Patware CD was disabled. I spoke to their Customer Service Dept, who told me to access the Patware on the PLI website – which works.

Reply

163 KerstinNo Gravatar November 16, 2011 at 12:19 am

Wow-I can’t believe PLI told you have to access it. Did you buy the materials from them or from a third party? Because I didn’t buy my materials from them they wouldn’t help me at all.

164 Lisa O.No Gravatar November 16, 2011 at 6:25 am

Kerstin,
I bought the materials from them last year – and due to family health problems, had to delay taking the test. When I was able to prepare for the test and tried to use the Patware disc, it had been disabled – to my surprise!

165 BRYNo Gravatar November 16, 2011 at 10:09 pm

Cool trick. It actually works. Thanks so much. I just love this website.

Reply

166 futureJDNo Gravatar November 9, 2011 at 11:38 pm

Did not pass today, 67,but will retake in 2 months….my strategy is to go over the old exams listed above, I screwed up by just doing it once….I had repeats and some twists. Mainly appeal and obviousness questions.

Reply

167 NILESHNo Gravatar November 10, 2011 at 9:08 am

hiiiiiiiiiiiiiiiii

Reply

168 MattNo Gravatar November 12, 2011 at 2:42 am

For anyone having problems finding an authentic version of Acrobet Reader 5.0 (as I did) here is a link that worked for me: http://www.oldapps.com/adobe_reader.php?old_adobe=6?download

Reply

169 Lisa O.No Gravatar November 15, 2011 at 9:26 am

Hi Chris,
I’m still going over the Repeat Questions and New Exam questions from this site – as well as the posts from prior test takers which are sooooo helpful….but wish I had more time (wishful thinking!). I’m not sure what to really focus on now, with less than 24 hours to go. Ugh! I’m taking the exam in Fair Lawn, NJ. It will be interesting to see how many of our questions are similar. Good luck tomorrow!!!

Reply

170 Lisa O.No Gravatar November 15, 2011 at 9:48 am

where are you taking your test?

Reply

171 ChrisNo Gravatar November 15, 2011 at 1:40 pm

Yeah i am just reading over the 700, obviousness and 1200 today. I am also doing all the repeat practice questions. I am taking it in New Orleans, LA.

172 KerstinNo Gravatar November 16, 2011 at 12:18 am

Future JD-Darn! You were so close. I’m in the same boat. Are you going to go to D.C. to review your exam? I’m trying to decide if it is worth the cost. Can anyone share about their experience reviewing the exam in D.C.?

Reply

173 PTOed!No Gravatar November 16, 2011 at 10:04 am

Just failed yesterday….for my second time!
…it was like I had not spent 9 months studying or have not seen a test before.
studied twice as long….Absolutely owned the practice tests!, but to no avail

attribute failure to lots of questions on very obscure corner facts hidden in the MPEP
Here is what I remember for repeats:
(copied some from above to save typing)
aluminum airplane
obviousness and the 35% alloy v 34.9% alloy
the ccar question
cannot use fax to correct no designation in PCT
Laurel, Abbot and Hardy
Smith Laminate
Declassified Reference
Federal Court Decisions for valid or invalid vs PTO
IDS after Notice of Allowance
Inert gas
2 on Canceled matter as prior art
Moondust
Claim anticipation / hair regrowth product
Spanish Phone – Design (answer was CIP would be barred by 102d)
Mexican Nationals – PCT (one of inventors was US nations so filing was OK)
Maintenance Fee Paid / Check Returned (variant but tested same section)
Death of Inventor after filing (answer was can be prosecuted by assignee)
Indefinate Claim Using ‘High’ (answer was definite if PHOSITA would understand claim breadth–search relative terms in MPEP, there is a section on words like this)
Piecemeal Prosecution OK when
Advisory Action was submitted before end of 3 months so extension measured from 3 months
Documents Requiring Signatures (there is a section on original signatures in 500, basically if it can be faxed then it can be a copy of signature)
Best Mode

A lot of very obscure questions like:
when an examiner’s statement / notes are not required in a reasons for allowing a claim
Derived use of 35 USC 102(f)…hard to understand question
which one of these 5 different combinations of submitted items required to make special (non age stuff)

Looking for suggestions on other study materials, ..Please
…I can not take the hit to sleep, work and family anymore with this dragging on
I am using Omiprep, and do not feel it has prepared me well
..not enough new questions, not enough test strategy, (probably just need something a little more tailored for my style)

This especially sucks because I am an engineer/inventor with 20 submitted patents submissions, PTO submissions, issued patents, …and the test has nothing to do with any of that experience
it is an exercise in brute for memorization and speed searching of obscure..often not used facts.

If I remember more q’s I will post them
…good luck everyone

Reply

174 Lisa O.No Gravatar November 16, 2011 at 8:43 pm

PTOed,
I didn’t pass today’s exam – I think it just depends on how many repeats you get…and I’m a personal injury attorney with a science background…and completely agree with you. I used the PLI review, but found this website invaluable for the questions I did see as repeats….I plan on changing how I study for the next time. Sending in my appplication again and will probably take a trip to the PTO to look at the answers.

Reply

175 PTOed!No Gravatar November 17, 2011 at 12:22 am

Sorry to hear about your test too Lisa O,

I am changing my study methods as well.
I spent too much time trying to know the concepts and passing the old tests, and did not look at all of the questions posted on this site until the day before. (thinking they were all from the old tests)
I figured if I had the basics down cold and could pass all the old tests at 85-100% in an 1-1.5 hrs I would be set.
…but the facts remain if you even have to look up 30-40% you are going to fail, …so you have to memorize as many new non-posted answers as possible
knowing the straight forward concepts are great, …but only tested about 10%, .. most are some obscure concept written in a double negative wording format.

We will all get through this, …who knows..third time is the charm

176 LilyNo Gravatar November 17, 2011 at 10:05 am

Really sorry to hear that, PTOed!. When are you planning to take it again? and what do you think you are going to do differently in terms of studying? I am planning on taking it mid december.

Reply

177 PTOed!No Gravatar November 18, 2011 at 8:44 am

Lily,

I plan to take it as soon as possible to try an keep up the momentum. I have to determine if you have to wait 30 days from when you last fail to re-register or if it is 30 day from when they accept your new application before you can take it again. (either way probably january-feb)

I am currently going through all the recent questions on this site and tagging the ones I got during my last test. ….A lot more than I originally thought

Last time I just did the 2001-2003 tests online, until I could pass easily in 1-1.5 hrs, writing notes on what I got wrong and why, lots of notes and flash cards on concepts…random question drill of all years ect.
.This time I am going to study this site and recent questions very heavily!
If the USPTO tested straight forward concepts and use I would pass easily, ..but the tricks, poorly worded, and double negative questions will ruin you if you do not learn them or have not seen them before.
My previous study did not involve any new questions, or learning tricks/recognizing question formatting. This is where I think the expensive PLI / PRG prep programs are probably good, they have people take the test all the time to provide that info.
This site is Great for that too, …and I should have included it as a main part of my study

good luck

178 frankNo Gravatar November 16, 2011 at 6:48 pm

I failed today. Off a handful questions. Self study for one month. Very few repeated questions like moon dust, three mexican inventors with one is resident and national in the US, fan lamp, 102(a),(b), weird question on 102(f). I though I did good in the morning but turned out to be failed. One question about power of attorney for partial interest in the invention as legal fee. Inventor died.
a/
b/ Must have new POA from inventor’s heirs, wife, estate,etc.
c/ Attorney continue to prosecute the application.
d/ something
e/ something
I chose c. Don’t it’s right or not
I’ll post more as i overcome this failure feeling.
Thinking of taking PLI, any suggestion how to beat this exam?

Reply

179 Lisa O.No Gravatar November 16, 2011 at 7:33 pm

Frank,

I failed today too….still numb. Will post questions as I recover. Plan on taking it again as soon as I can.

Reply

180 ChrisNo Gravatar November 17, 2011 at 5:31 am

Lisa, I really don’t know what happened but I could have sworn i got almost every question right in the pm section. I went through it in 2 hours and looked up every question I was unsure of. However, the am section really got me. I had a lot of new questions. It was mostly reissue, reexam, patentability, appeal, RCE and PCT. Anyways…I missed it by a few points. I am taking the actual “bar exam” in February. I dunno if I should retake it in December ASAP or wait until after. :(

181 maggieNo Gravatar November 16, 2011 at 8:27 pm

I passed today! YAY :) I a lot of new q’s but a really good number of repeats as well.

Reply

182 Lisa O.No Gravatar November 16, 2011 at 8:34 pm

Congrats! I had so many new questions…thinking about going to the PTO to review my answers

Reply

183 KerstinNo Gravatar November 16, 2011 at 11:01 pm

Hooray Maggie!! Lisa-I’m so sorry. I know how you feel. I have taken almost 2 weeks to recover from the exhaustion of studying and ready to tackle it again. I scheduled an appt for December 2 to go to the USPTO.

184 KerstinNo Gravatar November 17, 2011 at 12:41 pm

Hmmm now I’m thinking of delaying my trip to the USPTO so it’s closer to my new exam date….hmmmmm

185 ENo Gravatar November 16, 2011 at 9:07 pm

congrats! Based on your comments on this site, it seems like you mostly looked at the CFR rules, not the MPEP, for answers. Is this correct? Did you use this strategy for the exam?

Reply

186 maggieNo Gravatar November 17, 2011 at 9:48 pm

Thx. I did you the Rules quite a bit. But you can’t use them say for Appeals or 103/112 (that is all Chapter 1200).

Some Q were extra nice and told you where to look 724 for Rule 1.4. So that was a nice perk seen in older exam for new qs.

187 PatentOBoyNo Gravatar November 17, 2011 at 12:22 pm

Congratulations, Maggie!
Never doubted. Thanks for the summaries and comments you shared with us. Sorry to lose you now.

Besides repeat Qs, how did you study?
Materials used?
Number of hours a week/How many weeks (since your first exam)?
What parts of this website?
Your study strategy.

As for me, I came across this website quite accidently two days before my first exam (52%). I don’t use study materials. Will take the second in about a month (no definite date yet). I use iPad with iAnnotate App.

Thanks.

Reply

188 maggieNo Gravatar November 17, 2011 at 10:18 pm

(1) I did PLI course at home. (made flash cards with Mental Case program for mac/iphone)
(2) The MPEP (i threw away my paper format so not to get dependent on the paper). I downloaded pdfs of the MPEP chapters and rules from PTO website. I read chapters: 2100 2X, 1200 4X, 1900 2X (I also used PDF program “Smile” so that I could highlight text in the chapter and practice exams on my Mac)
(3) I did every test 2000-2003 really slowly and only look up the answers electronically on the pdf MPEP (highlight answers and key statements/words within the Qs to help me understand how they are tricky). Then, I re-looked over them again briefly. (I also updated and/or made more flash cards from old tests clarifying issues for me).
(4) I went through all the posted Exam Q’s and VA posted Q’s-As on this site. (made flash cards with Mental Case on my iphone/mac)
(5) 2 Days before the test:
(a) re-did 2003 tests April and Oct with my grid
(b) went through all of the 1-60 Qs here on this site the again and only the recently reported repeats Qs from the most current posts.
(c) Looked through all the headings in chapters 1900 and 1200.
(d) Made sure I got a good night’s rest twos day before the exam and went to bed early before the day of the exam.

I did download the app for the old exams but for me this format does not help me learn anything. So, it did not work for me.

189 maggieNo Gravatar November 17, 2011 at 9:05 pm

OLD EXAM QUESTIONS:
Tommie & Jo 24
Moondust (10.03.6p)
Potter (4.03.12a)
Japan 102(e) date
Japan 45 day abandoned
Issue Fee Transmittal Form (10.03.38p)
Beck – 150 degrees F (10.03.11p)
Appeal 1-10, 1-6 reject by board, applicant does nothing–> abandoned
Broom, Fan, Light, Clock Question
Plane with foil wings -cant overcome 103
Smith and Jones
Restriction –> no you can’t appeal this is by petition.

OLD CONCEPTS TESTED HARDER
Phone/Interview practice
Canceled Matter
102(g) Ex Parte Rejection
102(e) with mix of foreign priority dates / non-English ect
amendment to spec affecting claim2 and scope of claim 1
what is in a provisional filing to get filing date
Indefinite with Using the word “High”
Rights of non-signing inventor
Basic filing fee covers 20 total claims and 3 independent

NEW CONCEPTS OR RECENTLY REPORTED Q
-India outsource patent /American invention / FFL needed to export before patent issues?
EFS
103 Obvious to try
103 Obvious simple substitution
112 enablement determination by examiner practice
Obviousness examiner practice
PCT when is (1) US competent or (2) non competent
PCT incomplete Invitation to Correct name of applicant and designation what date does it get filing date both different dates
Appeal; Board affirms with new ground of rejection: Applicant want to open prosecution to less then all claim and have a rehearing what is next step?
Interparte exam Q testing definition of what it is
What is not a continuing application –> RCE
Trade Secret a expunge in Rexam with petition/ no petition to expunge all right Expect–> No petition then will not be open to public (false will be open)
French patent –>102(a) only
Documents that can you a copy of signatures–> ALL
Perfecting Foreign priority in a re-issue
Linking Claims Restriction–> ELECT and keep linking claim
101 rejection- for a mere business method
What examiner need to conclude 112 6p equivalence to reject –> shown in prior art it is a known equivalent
102(b) question on public use bar
Protest Q on what and when to submit
Both Inventors dies after notice of allowance –> nothing will happen unless heir intervene
Necessary parts on declaration/oath (all names must be listed)
Oath/ADS how to correct one inventors incorrect address?
IDS after filing issue fee—what can you do— gets put in patent file not considered
Publication of a PCT app designating USA–> when does it publish?
Restriction – combination/subcombination when a restriction is proper
Restriction – when a restriction is not/EXCEPT proper in a (non- combination, sub combination)
What what can and cannot use FAX for
Assignment open to public in which case?
What is needed to make an assignment except–> copy of patent
102 on range then applicant changes 112 written description and 102–> changes again –> remove 102 and 112
Express Mail showing “date in” which gets the filing date –> ones with clearly showing “ date in” this was a I.II.II type Q
TSM not exclusive for 103
How to determine skill of art and it is needed before a 103 determination
When will the Board consider new evidence after appeal brief in sent –> When a Federal Court Decisions has been made affecting the case.
When you can use 1.131 to overcome
Chemical formula, but no description on how to make it –> reject on written description only

Searching the MPEP is so difficult for me and it really stresses me out on the exam. So, I did the ~1.5 hours first pass and then left ~1.5 hours for the marked Q to look-up.

The afternoon session is always harder. So, don’t get stressed, just stay focused.

I used the 15 min tutorial time to get my 1-50 ABCDE grid. Also came in earlier in the afternoon to get it made before the exam started. I also kept it in fives, across 1-5, then next line 1-10 ect so I could get back easily.

I wrote the call of the Question type at the top by the number 1. “102(b) False” Then circled the whole Q (1 A-E ) if it was a look up. That way if I had couple of 103 Q’s look-ups I could look them both up at the same time. This also helped me not get confused with the True (in accordance) or Except (False) type Q’s.

Oddly in the afternoon I had a bunch of I. II, III, IV Questions.

Reply

190 PatentOBoyNo Gravatar November 17, 2011 at 10:24 pm

Maggie,

I don’t know how to thank you enough. Hope to see you here now and then.

Reply

191 KerstinNo Gravatar November 19, 2011 at 12:16 pm

I agree…thank you for all youe excellent responses Maggie!

192 ENo Gravatar November 19, 2011 at 1:43 pm

Hi Maggie- thanks again for all your responses on this site. I just looked over your summary, and saw you wrote:
“Chemical formula, but no description on how to make it –> reject on written description only”.
I’m confused though, isn’t a chemical formula adequate for written description? Shouldn’t it be an enablement rejection only?

Reply

193 maggieNo Gravatar November 20, 2011 at 8:57 pm

Yes, enablement rejection only here.
(A) Written description is what it is (I.e. the chemical formula).
(B) Enablement is HOW to make and use it (the chemical)

194 frankNo Gravatar November 17, 2011 at 9:19 pm

My was 80% like yours. I had aquestion about competent minor to sign oath/declaration. Attorney with partial interest can continue to prosecute the app. after inventor’s death? A lot of 102a,b and f. Afternoon a lot of I II III IV. very difficult.

Reply

195 GMNo Gravatar November 17, 2011 at 10:44 pm

Responding to post 171 & 174 above and questions concerning use of PLI; I bought PLI off ebay and like others my PatWare CD did not work due to time clock. will try re-setting computer clock as the counter-measure. PLI course tries to teach what you need to know for the exam…but the really obscure questions will come out of nowhere on exam day. This site is a great supplement.

Reply

196 KerstinNo Gravatar November 17, 2011 at 11:16 pm

Maggie-Did you go to the USPTO to review your exam?? If you did can you share what it was like? I’m now thinking it’s not worth the cost. Any flight from the midwest is at leat $400.00, which is another application fee!

Reply

197 maggieNo Gravatar November 18, 2011 at 10:33 am

no i did not go.

Reply

198 Lisa O.No Gravatar November 18, 2011 at 11:29 pm

Chris,

I found the actual “bar exam” pretty rough, but this was a lot worse. I think you’re best taking the Patent bar ASAP while it’s still fresh in your mind. You don’t want to lose all you’ve learned. I already sent in my application yesterday….not sure if it’s too premature, but I thought I’d get the process going again.

Reply

199 MattNo Gravatar November 19, 2011 at 7:17 pm

I had a question on April 2002 PM Question 43.

It seems to imply that you can claim foreign priority to an abandoned application? Or is it saying that you must file an application within 12 months of the earliest foreign filing, but you won’t obtain benefit?

ANSWER: The correct answer is (B). See MPEP § 201.13. An application must be filed in the U.S. within 12 months from the earliest foreign filing, except as provided in 35 U.S.C. § 119(c). Therefore, you would have one year from December 28, 2000 to file in the U.S. because invention X was first filed in Germany on December 28, 2000. Thus, you have until December 28, 2001 and the USPTO is open for business. The exception in 35 U.S.C. § 119(c) does not apply because the German application was abandoned after the filing of the second foreign application, the French application. Further, the subsequently filed application must be filed in the same country. Answer (A) is not the latest date to file.. See 35 U.S.C. §21 and MPEP § 201.13, Part D. Answer (C) is too late to obtain the right of priority for invention X inasmuch as the USPTO was open for business on December 28, 2001. Answers (D) and (E) are also too late to obtain the right of priority for invention X as it was disclosed in a foreign application more than a year prior to those dates.

Reply

200 ENo Gravatar November 19, 2011 at 10:59 pm

Does anyone know the answer to this question? I feel like I’ve seen it before on an old test, but I can’t find the answer again:
French App 1-4-03 turns to French patent 12-5-03 then US app in 4-1-04. which 102 may examiner use to reject prior art?
a.102a
b.102b
c.102d
d.102a & 102d
e.102b & 102d

Thank you in advance

Reply

201 MattNo Gravatar November 20, 2011 at 4:56 pm

There’s definitely a 102b rejection, as the filing date is one year before the us app. You don’t really know if it is by same person, if it is, it could be a 102d rejection as the issue date is prior to the US app date. Answer e is wrong. My guess is b or c.

Reply

202 ENo Gravatar November 20, 2011 at 10:46 pm

thank you!

203 maggieNo Gravatar November 20, 2011 at 8:52 pm

Answer is 102d only b/ca
102b more than one year yourself or another
102d must be on file with USPTO within one year from foreign filing date, same invention, same inventors
102a must be before the date of invention by Another (not yourself)

Reply

204 TSBNo Gravatar December 12, 2011 at 4:54 pm

maggie,
shouldn’t be b) as well. French app is 1/4/03 i.e. more than an year to 4/1/04 US app. Answer is 102 b&d =>e)

205 TSBNo Gravatar December 12, 2011 at 6:29 pm

According 901.05 Foreign patents are publications “until its date of patenting or publication can be confirmed by an examiner’s review”. Sounds like foreign reference date would be 12/5/03 and 102b does not apply?

206 JRSNo Gravatar February 22, 2012 at 5:44 pm

Maggie is correct on this. Missed this on October 31 exam. Reviewed at PTO it is only 102(d). Answer “C”.

207 ENo Gravatar November 20, 2011 at 10:47 pm

thanks!

Reply

208 GregNo Gravatar December 6, 2011 at 7:39 pm

Sunday, 12/04, I completed a successful effort on the exam. It was my 2nd try. I studied the Patent Education Series books from Nov. 2010 – May 2011 and failed 1st attempt. Bought a used PLI set with CDs/DVDs in July 2011 and studied it and this web site from Aug. 2011 to test day. Grinding through the repeat questions probably got me over the hump. The repeats I encountered are listed below. The morning questions were from 300, 600, 800, 1800, 2100, and 2200. I did not look up a 700 question until the afternoon session. I used maggie’s hand-drawn chart to track my answers and plan follow-up. The pdf search function was my friend. I am so happy that I haven’t stopped smiling yet.
Beck Mixture Y – 150 degree melting
provisional filing req’mts
non-theoretical metal (obvious ranges)
interview timing
PCT fax filing (none)
multiplicity 927 claims
Roger Rocket
Smartner’s Cell Phone
Third Party Submissions in a Protest – (my first lookup)
claim counting – 8 claims
trade secret in the envelope disclosure?
indefinite “high” term
moondust – (of course, I think everyone gets this question)

Nothing feels better than recognizing an old question, clicking the answer and moving on in 15 – 30 seconds…b/c there will be 5 – 7 minute look ups, too.
Actually, nothing feels better than seeing the phrase, “Preliminary test results show that you passed the U.S. Patent and Trademark Office Registration Examination for Patent Attorneys… You will receive your official examination results from the USPTO in due course.”

BTW, all of my study materials and old exams are FOR SALE at a very discounted price. If my old stuff can help you pass I will gladly send it to you.

Reply

209 RoseNo Gravatar January 10, 2012 at 6:00 pm

Hi Greg,

Congrats on passing the exam! I was wondering if your old study materials are still for sale and if so for how much.

Thanks!

Reply

210 Second Time PassNo Gravatar December 12, 2011 at 10:21 am

Hey, I passed this weekend, 12/10 and saw a lot of repeat questions. I studied primarily from this site and thought I would share what I saw since this site helped me so much. From my memory I saw the following questions (some may not be repeats, but just questions I remembered)

1. Moondust
2. Variation of Prior Art (400.42a)
3. Fed Court Decisions Binding
4. What are the102(f) Requirements?
5. What are the 102(g) Requirements?
6. Assignment of a divisional
7. 6-8 PCT Questions including filing in the US/RO with Mexican citizens but a US national, effective filing dates and 102(e) dates, omitted items (Can’t correct by fax)
8. Filing an RCE on appeal
9. Smith and Jones (4.02.38p)
10. Lack of Possession 112 (10.02.2a)
11. Question asking the difference between Statutory and Non-Statutory Double Patenting
12. 37 CFR 1.131 – MPEP 715 (10.02.6a)
13. Dead Inventor with patent fully assigned
14. 2-3 Questions on third party submissions
15. Best Mode
16. Inert gas (4.03.30a)
17. Polypropylene range (obviousness of ranges) (4.03.44a)
18. New Grounds of Rejection (both by board and examiner)
19. 2-3 Questions regarding board affirmance of rejected claims
20. Bloc; Synthetic Z (10.03.7a)
21. The laminate question with no middle adhesive

Reply

211 KerstinNo Gravatar December 14, 2011 at 11:05 pm

Can anyone help me reconcile #38 from the April 2003 am exam, answer choice C (listed as correct in answers), stating that someone can remain confidential if they wish after submitting cited patents and printed publications they believe has bearing on patentability and the last sentence of MPEP 2212 which states “The name of the person who files the request will not be maintained in confidence..”

Thanks!

Reply

212 AlisonNo Gravatar January 12, 2012 at 6:27 pm

39 CFR 1.501(b)

Reply

213 futureJDNo Gravatar December 17, 2011 at 12:25 am

Hello,
Does anyone know whether I need to send my transcripts to register for retake?
Thank you…

Reply

214 Lisa O.No Gravatar December 18, 2011 at 6:26 pm

No need to re-send your transcripts for a retake….I believe PTO has it on file for a year. I sent in my application and payment and received their letter in almost 2 weeks.

Reply

215 usptocheckNo Gravatar December 19, 2011 at 12:09 pm

Anybody know what this illegal Website does. We will check all user information.

Reply

216 RockyvxiiNo Gravatar January 13, 2012 at 3:09 pm

Move along, troll.

Reply

217 JenNo Gravatar January 12, 2012 at 7:26 pm

When is a copy of a signature allowable? Please also site where I can find this in the MPEP. Thanks.

Reply

218 Walter FosterNo Gravatar January 13, 2012 at 10:19 am

Do any of you folks who have taken the Exam suggest skipping through the Exam and answering shorter questions or questions near the end first?

Reply

219 Juris PrudenceNo Gravatar January 14, 2012 at 5:32 pm

Hi Walter – I’ve done a few simulated exams with Calprep and found that I could relax more with the tougher questions, once the short ones were out of the way. My strategy is to answer all the short ones first, then the longer ones that were familiar. After that, I had about 2 hours left to go through the ones that required searching. Good luck!

JP

Reply

220 MirandaNo Gravatar January 17, 2012 at 10:45 am

Hi Juris, did you find that Calprep was a close simulation to actual exam conditions?

221 RockyvxiiNo Gravatar January 15, 2012 at 9:31 pm

Walter,

I did not find trying to do the shorter questions first a helpful method. I just did all the questions as they appeared on the exam.

During the Prometric examination, a timer at the top of the question page records how much time you spend doing each question, and how much time you have left in the exam. I found keeping an eye on this time much more helpful because it allowed me to not panic when I found myself spending more than 3 minutes on a difficult question (because I knew that I had spent less than 60 seconds on some earlier easier ones). In my opinion, this is much easier than shuffling back and forth between short and long questions or marking the hard ones and going back to them later. Cheers.

Reply

222 IPCatNo Gravatar January 15, 2012 at 11:37 pm

Thanks to this site I took and passed the exam the other day. The following strategy worked for me.

First, I recommend that one memorize all the repeat questions and answers on this web site. Memorize the question, answer, and the rationale for the answer. Otherwise, one will be tricked by a repeat variant that differs slightly either in the fact pattern, the call of the question, or in the available answers. So read the question very carefully.

Next, at the start of your exam, both sessions, click through all 50 questions and answer the repeat questions that you find. I took about a half-hour to carefully search and answer the repeats then started from the beginning to work through the unanswered questions. You can use the Review screen to see which questions remain to be answered and you can click to go directly to them. I found the Review screen to be handy to help estimate how much time I will have to finish the remaining questions.

Next, go through the unanswered questions answering as many as you can from knowledge, without using the MPEP search. The search facility is, in my opinion, a slow and disabling. You can’t search backward, only forward, and you’re not given any sense of your location in each chapter, so you’ll have to navigate using the page number. And if you frequently misspell, I constantly do, you can’t stop the search, at least I couldn’t, and this burns up valuable seconds. It’s better to type slowly and carefully than to burn up valuable seconds waiting for the result not message to appear.

Finally, use the remaining time to grind through the unanswered questions with the help of the MPEP search. This phase took the longest time. As before, skip over questions that require intensive searches. Some deceptively short questions, particularly those from the supplemental materials, did not allow for the process of elimination, they all looked valid and this required me to do a search for each of five choices, so save those for last. Now, when you’re done with all that, look at the Review screen and answer any remaining unanswered questions and you’re done.

Don’t be too distressed if you have to take the exam again. You’ll get better and better at this process each time. With persistence, success is inevitable.

Reply

223 Juris PrudenceNo Gravatar January 16, 2012 at 12:28 am

Congrats IPCat! Thank you for your valuable input. Did you have a chance to search the supplemental materials too? Some folks recently noted that this was problematic (did not work).

May your next endeavours be equally successful.

JP

224 IPCatNo Gravatar January 16, 2012 at 3:55 pm

Thanks JP. Access to the supplemental materials is crucial to at least 2-3 questions on the exam. Without supplemental materials, the potential loss is too great to continue in my opinion.

225 IPCatNo Gravatar January 16, 2012 at 3:56 pm

Yes, I did use the supplemental materials search quite a bit.

226 jilted2012No Gravatar January 14, 2012 at 9:48 pm

1. What happens if I pay 200+40 to PTO and fail to take the exam within the 3 month window? Do i have to reapply with 40$? or with $240?

2. What happens if you take the exam within the 3 month window but fail? Do we have inform the PTO that you want to take the exam again? or simply re register with Prometric after 30 days (within the 90 days).

Reply

227 Mambo5No Gravatar January 15, 2012 at 9:16 am

I think the short answer is you would plan to reapply to OED with a complete new registration application and $240. My long-winded explanation follows:

My letter of approval to take the exam (from OED) gives me my 90 day window to schedule and take the Prometric exam. The Prometric site tells you when you sign up for the exam that you can cancel and reschedule your test free any time before 30 days before your currently scheduled test (available new dates to test still have to be within your 90 day window). I think it also said they (Prometric) charge $35 to reschedule if you’re between 30 days and 2 days prior to your scheduled test. By one day prior, you are committed to the test date you originally scheduled.

My OED letter also stated “Extensions of time to take the examination should not be expected even if, as the latter date approaches, you are having difficulty scheduling an examination or are unprepared to take the examination.” The “latter date” they mention refers to the last day of your assigned 90 day window.

Although I haven’t found any reference for it, the above quote from OED’s letter seems to suggest that it would take a bona fide emergency and an extension request to be able to take the exam after your designated 90-day window (e.g. – if you are hospitalized at the time your test is scheduled, they might give you an extension. If your dog is hospitalized, probably not). Also, I haven’t found a reference for exactly how you would go about submitting an extension request to OED.

As far as simply letting your 90 days expire without scheduling or taking the exam, or alternatively, if you schedule, take, and fail the exam, CFR 11.7 seems to indicate that you can immediately submit a new application to OED with the fees listed in CFR 1.21(a)(1), and then OED will give you a new 90 day window to take the exam. That window will not start until at least 30 days have elapsed since your failure (if there was a failure). Those fees required by CFR 1.21(a)(1) include both the $40 and the $200.

Reply

228 MirandaNo Gravatar January 17, 2012 at 9:08 am

What is the best way to simulate the searchable MPEP provided on the test? What version of Adobe is Prometrics using these days? Is CATPrep still an accurate simulation of actual testing conditions and is it worthwhile to purchase?

Reply

229 Juris PrudenceNo Gravatar January 21, 2012 at 1:42 am

I don’t know the answer to this yet, Miranda. The exam is in my future. I’ve been using it, but cannot simulate the search function with it.

JP

Reply

230 Colbert's CarolinaNo Gravatar January 21, 2012 at 12:00 pm

PatBar has a really good piece of software that simulates the MPEP and exam conditions very close to the actual thing.

231 LeuwenNo Gravatar January 17, 2012 at 10:38 am

Hi guys, this has been a tremendously helpful site. I am planning to take my patent bar exam very soon. I am just wondering for those who have taken it recently, or about to take it, what is the percentage of repeat questions on the exam nowadays? I’ve heard range from 30% all the way to 80%. Does it really fluctuate that much between exams? Any input and insight would be much appreciated.

Reply

232 Colbert's CarolinaNo Gravatar January 20, 2012 at 11:48 pm

Passed today.

Quick history – studied using PatBar by myself last summer and got a 68%. My experience is that one half of the test will be repeat heavy and the other will be “MPEP lookup” heavy. If you get the heavy lookup first half, don’t get discouraged!

Found this site recently and it pushed me over the top. I still recommend PatBar for a couple of reasons:
(1) It’s a good overview of the substantive law (and let’s face it, you probably want to learn something about patents…).
(2) The provided software is an excellent simulator for Prometric’s test (with the 2003/2002/Oct2001 exams – this is probably the MOST valuable part of the entire package).
(3) The flash cards are pretty helpful.
(4) I am selling my PatBar books and CDs. If you are interested, email me at youjustneed63@gmail.com :-)

The beauty of this site is that there are just enough repeats that you have time to search the MPEP for the rest of the answers and can usually find them verbatim. Practice searching the index of the MPEP. Know the 2003 Oct/Apr exams cold. Between those tests and this site, you should have enough time to find the rest in the MPEP.

Follow IPCat’s strategy – it’s a beut!

I actually ran into a problem by hitting “enter” while in the MPEP search and it freaked out/froze the MPEP window on me. I simply went down to “review marked answers” in the actual test window and it seemed to reset the MPEP window. I luckily didn’t lose any time in having to get the Prometric PhD staff to help.

On to what you are actually looking for:
Sweden PCT
Broom
Foil Airplane
Japanese Patent
Electric Fan
Death of both inventors after filing
Indefinite High
Piecemeal
Best Mode
2 Month Rule for Final Office Action (Maggie variant)
Moondust
Nat’l Stage by Fax
XYZ Company
Parking Meter
Tommy/Jo
Design Patent Country X
900+ Dependent Claims
Bloc
Interviews
Beck
Potter
Fed Ct decision binding
New Grounds of Rejection
3 Independent/20 dependent claims allowed before excess fee applies
About 2-3 Bilski/KSR
PCT –probably 8-10 questions.
E’s French App Question listed above
India outsource
Trade Secret in the envelope

Some combination/subcombination questions right out of the MPEP

A German Inventor names Schmidt filed in the US, but wanted to antedate a german application…sorry, I can’t remember the details, but hopefully this jogs someone else’s memory.

An interesting disclosure question where separate disclosures were filed for each inventor (inventor A, B, C). I would be interested in the feedback from the forum about this. There were 4 answers involving why the disclosures should be rejected, and the last answer said to accept it as fine. The MPEP seemed to say “no, we don’t like this, but actually yes we’ll accept them.” I ended up putting no – not all inventors listed, so doesn’t qualify. Who knows if I got it right…

A question I haven’t seen on this site, but learned in Patent Class: a wave is not patentable material.

And I’m spent. Good luck and pay it forward.

Reply

233 Colbert's CarolinaNo Gravatar January 21, 2012 at 12:00 am

Oh, and look at Maggie’s post above with the 3 sections of Old Material/Old Tested Harder/New Material – I endorse her message.

Reply

234 PTOed!No Gravatar January 24, 2012 at 7:35 pm

Ok finally passed this test!!! took it today 1/24

I am too burnt-out to update on questions now,
…but one watch-out was I got NO questions requiring supplemental materials, .i.e KSR or Belinski
This may be due to the recent issues with those not being searchable at Prometric, and it made my test a little different from the recent posts

Primarily I studied posts and saw problems posted by Maggie, ganush, Pinchme, Colberts Carolina,

Now to do nothing, ….and love it

Reply

235 Juris PrudenceNo Gravatar January 26, 2012 at 1:35 am

Congrats PTOed! I’m so glad for you. Plus, the info regarding the supplemental materials is telling. Wonder why this is such a bear for Prometric to figure out? Glad that OED will be informed of it by those who experienced the difficulties.

JD

Reply

236 maalvaNo Gravatar January 24, 2012 at 7:56 pm

congrats PTOed! hope i don’t have a need for searching supp. mat. either. If you can give advice and point out to repeats that would be great

Reply

237 PrinceNo Gravatar January 26, 2012 at 5:06 pm

I just passed the Pat Bar. There were lots of repeat questions.

I got about 3-5 questions on Bilski and KSR.
I remember getting an ‘obvious to try’ question, an obviousness question, and a business method question. They were not hard, though.

The repeats I can remember are:
Moondust
Parking meter
900 dependent claims
Piecemeal
Broom
Foil Airplane
Electric fan

lots of PCT questions
lots of appeal questions. — lots of obscure sections of MPEP 1200 were tested
lots of obscure questions in MPEP 1800 were tested
lots of obscure questions in MPEP 600 were tested

My advice. Practice, practice, practice. Don’t pick an answer if you are unsure about it.

I had to look up around 13 questions in my am session. There were lots of questions I had not seen, and they were hidden (almost invisible) in the MPEP. I used a combination of keyword/table of contents to search. I eliminated the wrong answers.

During my afternoon session, I had to look up around 17/18 questions. I had time to look them up because I had lots of repeats and had practiced so much that I was able to answer about 34 questions in about 1hr 15 mins. I used the remainder of the time to look up 17 questions, and made sure I got all of them right (at least I thought so).

Don’t panic. Also, don’t over rely on repeat questions to pass. Use the repeat questions as a tool to answer them quickly on exam day so that you can have more time to search the MPEP.

Also, if you have the time, read MPEP 2100, as reading it will help you understand some minutiae, which will help you pick the right answer in those confusing questions. I would not have passed had I not read MPEP 2100. It may seem like a lot of work, but it is worth it.

Reply

238 PrinceNo Gravatar January 26, 2012 at 5:16 pm

I passed today.

More repeats:

Trade secret in envelope
India Outsource
Indefinite High
Sweden PCT
Death of inventors after filing

Reply

239 PCTearsOfJoyNo Gravatar February 3, 2012 at 9:14 am

Passed on my second time!

I couldn’t have done it without this website. Here is my exam strategy–hope this helps someone:

- Did the entire PLI course (took the exam the first time after that…didn’t pass. Hmm.)
- Found this website. For the next 6 weeks this is all I did:

1. Read all the comments about how important it was to study the repeat questions. Best. Advice. Ever.
2. Look at Mambo5’s comment on the “Study Guide” portion of this website where he compiles all the repeat questions together. I copied and pasted these into a word document and worked my way through every single one.
3. Read all the user comments after each question!
4. Read 2100 3x (just pretend it’s a good novel!). Read 1200 3x. Read 1800.
5. Memorized the headings, sub-headings, and sub sub-headings of 700. That made it SO much easier to quickly find a lot of information.
6. Went over the repeat questions from this site 3 more times, each time understanding the rationale for all right and wrong answers.
7. Read the new rules on ex parte appeals, re-exams, and Track I.

Day before the exam: I read the repeat questions again (see a pattern here?), and skimmed 2100 and 1200.

Day of the exam: Some people above say they went through the test by first answering the repeats and then going back for the look-up questions. But I like to answer every question as it comes along w/o having to go back. I looked up everything (except the repeats), just to be sure. There were a LOT of repeats.

Hope this helps someone. Don’t be discouraged if you don’t pass your first time. A lot of us here didn’t. Just be sure to GO OVER THESE REPEATS. Each repeat I saw on the exam felt like a gift from my past self. I will post on this site about each repeat question individually if I saw it appear on the exam. It’s the least I can do.

New AIA materials:

1. Inter Parte Re-exam Question
- There was a question about a 3rd party who wanted to file a request for an inter-parte re-exam. The answer required you to know that the new inter parte re-exam rules from the AIA only apply to requests filed on/after Sept. 16, 2011 but before Sept. 16, 2012, and that the new standard for these requests is “whether the requestor has established enough to suggest a likelihood that the requestor will win the re-exam for at least one claim.” Also, remember that the old “substantial new question of patentability” still applies for ex-parte appeal requests.

2. New Ex Parte Appeal Rules:
One question basically required you to know that these rules only apply to appeals filed on/after Jan. 23, 2012

3. Bilski
One question asked how an applicant w/ a business method invention could argue using the Bilski holding that his invention was patentable. I believe the correct answer was to somehow attach the claims in the app to a machine or device so that it’s an application of an abstract idea.

4. KSR
In one question, the examiner makes an obviousness rejection based on the TSM test. The question was how the applicant should respond using KSR holdings. The correct thing for the applicant to do was prove (w/ evidence…always w/ evidence!) that the examiner relied too strictly on the TSM test and other factors proved non-obviousness.

Good luck! (Seriously, though, go over the repeat questions)

Reply

240 PCTearsOfJoyNo Gravatar February 3, 2012 at 9:17 am

CORRECTION:

The second to last word on this paragraph should be “re-exam” not appeal. Corrected version:

1. Inter Parte Re-exam Question
- There was a question about a 3rd party who wanted to file a request for an inter-parte re-exam. The answer required you to know that the new inter parte re-exam rules from the AIA only apply to requests filed on/after Sept. 16, 2011 but before Sept. 16, 2012, and that the new standard for these requests is “whether the requestor has established enough to suggest a likelihood that the requestor will win the re-exam for at least one claim.” Also, remember that the old “substantial new question of patentability” still applies for ex-parte re-exam requests.

Reply

241 MFBNo Gravatar February 3, 2012 at 12:09 pm

What in the fact pattern clued you to these points? Did it mention a date? Did it ask about the standard?

Reply

242 PCTearsOfJoyNo Gravatar February 3, 2012 at 6:56 pm

MFB,

The fact pattern didn’t clue me in to those points. It was the answer choices. For example, the re-exam question had answer choices that went something like this: “Which is correct according to the MPEP and rules and procedures…? (A) Requestor should file a re-exam request no later than Sept. 16, 2011 w/ enough evidence to support a substantial question of patentability; (B) Requestor should file a re-exam request no later than Sept. 16, 2012 w/ enough evidence to support a substantial question of patentability…”

Basically, the answer choices combined the substantial new question of patentability + likelihood of success standard + AIA effective date in various ways and required you to know what the correct standard was at what time.

243 AerieNo Gravatar February 3, 2012 at 1:06 pm

Thanks and Congratulations, PCTearsOfJoy —
I am wondering if you used new updated patent ruls since the USPTO posted new rules — I know the appeal part has been chagned significantly. Please let me know — I am taking the exam tomorrow :)

Reply

244 PCTearsOfJoyNo Gravatar February 3, 2012 at 6:48 pm

Yes, I used the new materials from the USPTO website. I read them over once and took notes on it. They are pretty straightforward and easy to remember. Key thing to remember are the dates that these new rules go into effect. Good luck tomorrow!

245 AerieNo Gravatar February 3, 2012 at 7:30 pm

Thanks! I hope I can write a good news like you.

246 MFBNo Gravatar February 4, 2012 at 10:35 am

Just wanted to add my thanks and appreciation as well. See you on the other side, hopefully!!!

Reply

247 PhoenixNo Gravatar February 4, 2012 at 10:49 pm

Passed today! Thanks to this site and everyone’s great comments, feedback, advice. The test wasn’t as bad as I expected, studying for it was the worst part actually. Here are my impressions, to give back as best I can:

1. New Material
I didn’t notice anything that was per-se “new” per the Jan 26 update, but there were a lot (at least 10) questions on ex parte reexam, so study that area if you’re not too familiar. Luckily though most of them were look-up style and not TOO difficult, just more time consuming.

2. Repeats
I was hoping for and expecting a lot more. I read and re-read all of the repeat questions here, had them down cold. I only saw about 20 today! 15 in the am, and maybe 5-6 pm. Geez. Still, knowing them helped know the material, so it’s still time well spent. Also they give you MORE time to look up the questions you don’t know. This is probably the best way to give yourself more time on the test, even if it’s just 20 questions. Use Mambo5’s posted repeat tests, those are GOLD (thanks M5!).

Oh I think there was a MINIMUM of 10 questions asking about what you can and cannot use a CFR 1.131 affidavit for. Really? I wish I had know this better, I ended up looking most of them up haha.

Also lots of PCT and Appeals questions so be familiar with these rules.

3. My studying
This is such a personal thing – know yourself and study accordingly. I read a lot of people’s comments here and kept thinking “wow I’m really under-prepared.” To those of you feeling the same, take heart. My studying amounted to passively watching about 50% of the PLI lectures (too boring!), and then doing all the test and repeat questions over and over, looking them up in the MPEP in Adobe 5.0 to practice that skill. I work and so I spent maybe 1-2 hours on evenings and 5-6 on weekends, for about a month and a half. I took yesterday off to review ALL the repeat questions and practice MPEP look ups.

Previous experience: working for about 6 months in the field (limited exposure to patent prosecution) and one patent bar class in law school (helped with the 102, 103 stuff a bit I guess). Hard to say how much these things helped, but there you go.

I also never actually did a “timed” test, but this is personal I think. I tend not to have trouble with pacing under timed conditions, so instead I focused on learning the questions and practicing look ups. Again, know yourself and do what works best for you!

MPEP – I NEVER read ANY chapter through. I can’t believe people do, how can you absorb it? Read Chapter 700? 2100? OMG. So if you haven’t either, don’t sweat, you CAN still pass. Instead, know the chapters and generally what’s in them (where do I look for patentability issues? assignments? etc) because the search function will help you hone in on the right answer. Practice your searching, be confident about where to look and how to look for it, and you will be in fine shape.

On the exam, the software is very close to Adobe Reader 5.0 as others have mentioned. A few tips:
1. DO NOT RELY ON USING CTRL+F TO BRING UP THE SEARCH BOX. I am a huge Ctrl+F freak and this keyboard short cut will NOT work. Instead you must click on the “Find” button to do new search. So annoying. Also for those who know what this means, Alt+Tab doesn’t work for window switching. It’s like taking a test on a Win 98 machine… minus the keyboard shortcuts.
2. When you have a chapter open the TOC for that chapter appears on the left, with clickable links to take you right to the section. So, know the TOC for a chapter generally, or just browse it quickly and then use the left navigation to jump to the relevant section.
3. When you go to the next question, whatever chapter you had open before is closed, and you will have to re-select a new chapter (or the same one, as the case may be) and click “Open” to read/search again. This can get rather annoying especially if you jump around between questions. It eats up a few seconds but can add up.

Good luck to those of you still studying. Don’t beat yourself up too much. The test goes quickly!

Reply

248 Ms. FrizzleNo Gravatar February 6, 2012 at 4:19 pm

Hi everyone,

I took the exam the same day as Phoenix and passed as well. I think Phoenix does an excellent job of summing up the exam. I was expecting to see more repeats as well and was surprised to see only a handful. I think knowing the repeats was still helpful, because as Phoenix mentioned, it gives you more time to look up other questions.

I think the key to passing for me was all the practice I had looking up exam questions. When I went through the old exams I looked all the questions up in the MPEP; I had a rough idea of where to find things in the MPEP. The subject matter index is also an extremely helpful tool to use.

I don’t have too much more to add to what Phoenix mentioned other than the fact that the supplementary materials are still not searchable.

Best of luck to everyone! And to everyone who has helped put this site together, THANK YOU SO MUCH.

Reply

249 JenNo Gravatar February 16, 2012 at 12:31 pm

I just passed the patent bar using PLI’s Exam Focus Patent Bar Review materials. I purchased these materials full price ~$2,000 but I am selling them for only $500 because: they are from 2010, it does not include Patware and there are some highlighting and writing. Patware is now accessed online rather than on CD.

I have ALL the updated supplemental materials starting from 2011 until 2012 because PLI was kind enough to send them to me.

Although I bought the materials in 2010, I used all of the same materials when I passed on Feb. 1, 2012.

The materials include:

All lectures on CD (from 2010)
Course Lecture
Study Guide
Claim Drafting and Amendment Supplement
Study Guide Exercise & Practice Exam Materials
ClaimsLight/Claim Drafting Workbook
Post Course Materials
Key Words Glossary
Updates on the 2011 and 2012 changes

I am located in SF Bay Area so if you’re local, we can meet at a public place for you to check out the materials.

sertag@hotmail.com

Thanks for looking!

Reply

250 MirandaNo Gravatar February 16, 2012 at 12:39 pm

Can you list the questions (both new and repeat) that you recall from the test? How many were based on the new updates?

Reply

251 dcnativeNo Gravatar February 21, 2012 at 8:42 pm

This is a testimonial…

I passed the patent bar exam today (first attempt). Thank you to all of the contributors to this website (MyPatentBar.com). This website was my study guide. Over approximately 10 weeks I estimate that I devoted about 250 hours in preparation. Starting slowly at first and gradually building with intensity as my exam date drew closer. Basically, I studied the information provided under the “Study Guide” tab of the website during the early weeks, seriously, thoroughly studying the subject matter and referring when necessary to MPEP to add clarification. Also during these early weeks I read all of the supplemental source material identified on the USPTO website. This effort consumed the first 6+ weeks. Then, for about the last four weeks I intensely studied this website’s “Exam Questions and Concepts” and the “Repeat Questions” tabs, as well as the “Old Exam” questions/answers from the April and October 2002 and 2003 exams that were not included under the “Repeat Questions” tab. I can’t overemphasize that when you study these exam concepts and exam questions, you should NOT be doing it in an effort to commit the specifics of the question/answer to memory, but to familiarize yourself with just how patent bar exam questions are structured and to, most importantly, increase your understanding of the application of patent law in various scenarios. It is important to not only understand why the right answer is right, but also why the wrong answers are wrong. I spent a lot of time during this effort going back to the MPEP and reading (and understanding) the referenced provisions. This helped at lot because on my exam today there were no more than about 25-30 questions that were recognizably repeat questions (or variants). However, being able to carefully read the exam questions and answer choices and then “reasoning” (deducing) what I felt to be the correct answer based on my understanding of the resolution in closely similar scenarios I am sure benefited me. Finally, I think that the exam was a fair test of one’s understanding of the principles of patent law. I detected no trick questions or questions focused on nuanced minor facts. It benefited me greatly to have put in place a preparation strategy that I tracked closely on a regular basis during the 10 weeks. I wanted to give myself a fair chance of passing on the first attempt and I thank God that my efforts paid off. It was important for me also to not only go into this exam feeling confident about my preparation, but also to take a deep breath, slow down, and be sure to intently concentrate during the exam. I completed the exam one question at a time on a pace that essentially consumed the two full three-hour sessions (100 questions total). Again, special thanks to the MyPatentBar.com website owner(s), and thanks to all the contributors. The questions and answers provided by the numerous contributors (in the forums) were very helpful too. Thanks.

Reply

252 SYGIGHNo Gravatar March 8, 2012 at 6:49 pm

I took the test today and passed. The computer shutdown with 1h20m left but the staff at prometric got it up and running again in a few minutes and it brought me back to the exact point I left off.

Going through the repeat questions helped enormously. While I saw variations of questions or answer choices from repeat questions, I could rule out answer choices or quickly pick the right answer because I went through the repeat questions from 02-03 tests and understood why the correct answer was right and, almost more importantly, why the wrong answers were wrong. I’m not sure how many I saw that were exact copies but each one was gave me a second to regain my composure and confidence in going through the test. In the variations I was quickly able to rule out what was wrong because I remembered why it was wrong in the original question, This helped me narrow the answer choices down to a few that I could quickly look up if necessary.

the 102(e) chart on 700-40 will be your savior if you let it. also, the IDS chart on 609.01 helped.

Also reading dcnative’s post above helped me stay calm going into the test. Thanks dcnative.

Repeat questions I remember seeing (this is a brain dump so I try not to be too critical of my 5th grade level of explanation/detail)
Jones/smith
company xyz
laminate
bloc
103(c) questions regarding 103(a) and 102(e)
102(e) prior art of an International application obtaining priority from a US provisional app (use 700-40)
compound y alleviate pain
refund variation (from the refund repeat question I knew what you could refund and had a basis to rule out some questions then look up the others in 1.26)
a question where XY are the listed inventors and assign it to Company C, Co. C determines that XYAB are the inventors but Y has been fired and wont cooperate. Hows does Company A correct this?
What if German citizens file an international application at the US/RO but everything else is there. forward to IB and get the filing date as filed with US/RO
National filing without a fee can you correct by fax. (I hated this question on repeats so I just memorized it because I could never find it on my own).
Correcting declaration of country by Fax in an international application filed in 2003.
When is supplemental oath an amendment?
how to overcome a 102(a), 102(b), 102(e) rejection. Know where to find these. 706.02(…)
Questions on what you can overcome with 1.131 and who can sign a 1.131. one question involving that information put put answer choices of overcoming 102(a); overcoming 102(a) and 102(g). I chose 102(a) only, not sure if that was right but in 706.02 I didn’t find much about 102(g) so I took a leap.
one question that was confusing and I couldn’t tell what they were asking but it seemed to me to be asking when can you file an IDS with an RCE under 1.114… the answer choices didn’t provide prior to the first office action on the merits so I put none of the above. I was really confused on what they were asking so I just looked at 609.01 and did a WAG.
A question requiring knowing when a federal court ruling is binding on the USPTO.
the Potter questions (there are multiple right?)
Claims relying on rejected claims. (multiple ones here, one where no claims are allowed, others where they were.)
(not exact wording) you have claim 1 rejected twice claim 2 depends on claim 1 but it otherwise allowed claim 3 is allowed. You file an RCE without the fee prior to the boards decision. What happens? I think I put that application is pending, appeal withdrawn and claims 1-2 rejected claim 3 allowed. (again, not correct wording but I saw multiple appeal questions where you need to know what happens to the claims)
Claims rejected twice you appeal the board affirms and rejects on a new ground, what are your options.
Inventor Jon should be John…how do you correct (verbatim repeat)
Question on proper dependent claims with an answer choice of Claim 5: …. depending on claims 6 or claim 8. I memorized that one answer choice because it always caught me when I wasn’t paying attention, well it reappeared, the question wasn’t verbatim but I knew which answers were wrong.
Fees for a 28 page application with 3 independent claims and 20 total claims. You file with the regular filing fee. Answer choices require you to know if that is covered by the regular filing. I said you don’t owe anything.
A French patent question that was a repeat but I don’t remember what it was about.
2-3 questions on combination/subcombination 806.05. This I had never seen before but you need to know when you can or can’t do divisional with them… They were awful and on one long one I honestly just guessed.
Japan patent after requesting nondisclosure. I just looked for 45 days picked it and moved on.

NEW MATERIAL
I did see one new material question being tested on inter partes reexam (I think, unless I just looked at it at lunch and got confused). It asked about filing the inter partes reexam and it required you looking at the dates closely because in the answer choices was a option for filing it after the 9/16/12 date. I can’t remember if it was the correct answer or it was trying to trick me into choosing it but just be mindful that when you see recent dates like 2011, 2012, 2013 to be on the look out for what they are asking. Because after 9/16/2012 you can’t file an inter partes reexamination and between 9/16/2011 — 9/16/2012 the question is reasonable likelihood of success (a higher standard than Substantial new question of patentability).

I know this was terribly written but I just got out of the test 30 minutes ago and I’m trying to make it to a gym class to work off this adrenaline. I will try to clean it up later (I will now have a lot more free time).

SYGIGH

Good luck.

Reply

253 LawStudentNo Gravatar March 11, 2012 at 6:38 pm

This is all great advice. I have one question for anyone who has taken the exam recently. The repeat questions on this site go back to April 2000 and the old exams tab goes as far back as 1997. Does anyone recommend a cutoff time period as to which ones to review. I assume going back too far maybe actually hurt more than it helps. Also have the April 2000 questions been repeated more recently?

I’m taking the exam in the coming month so any advice would be helpful

Thanks!

Reply

254 Mom in DCNo Gravatar March 12, 2012 at 8:48 am

Check out Mambo5’s list of repeat questions (almost 200 of them and some from the older exams). He cobbled it together from this site and feedback on which questions were tested regularly. My suggestion is to just study those as well as the 2002/2003 tests. That’s what I did and I passed … I personally found the older tests more confusing with the old dates. In my recent exam, I saw maybe one or two questions with older dates but the majority had more recent dates.

Reply

255 LawStudentNo Gravatar March 12, 2012 at 11:23 am

Thanks Mom in DC,

Mambo’s post is really helpful, I didn’t see it until you pointed it out (too many posts on this site to read them all).

Has anyone taken it very recently? I’m wondering how much time I should spend reading the new material they apparently started testing last month. I am assuming the new material will be the un-graded questions (I figure they will want to get a good sample size before using them as graded questions), but then again I probably shouldn’t take that risk if they will ask a lot of new questions. Any thoughts from recent test takers?

Reply

256 SYGIGHNo Gravatar March 12, 2012 at 10:02 pm

I spent a majority of my time studying the old repeat questions but I made sure to go through the recent material a few times and reviewed the material a day before. I also just had the plan to know where to look. The more recent material is under the reference materials button on the exam and not the MPEP button. A majority (over 90%) of the questions are from old material and repeat questions (including bilski and KSR).

Reply

257 Mom in DCNo Gravatar March 15, 2012 at 4:10 pm

I took the test on March 8 and there were no questions on the very recent materials on Inter Partes Reexams. There were a number of questions on appeals but nothing that couldn’t be answered if you know the old material. Review the materials on enablement – that was big on my exam but not all came from the new materials. Lots of obviousness/KSR questions … mostly on the old material though but do know where the 6 standards for KSR are in the new reference material. It’s a quick look up that way.

And don’t forget the question on encoded signals – I had that one and that’s straight from the ref materials.

Reply

258 LawStudentNo Gravatar March 16, 2012 at 4:21 pm

Last question I promise…Has anyone (who has taken the actual exam) gone through PLI’s practice problems regarding both the new Bilski/KSR as well as the new Inter Partes/Appeals/ and Track I changes?? How similar are the PLI questions to the actual questions? For the Bilski/KSR questions, it seems the PLI questions/examples were taken straight from the USPTO update (which would allow for an easy search on the exam). Has this been the case on the actual exam?

Thanks again for answering my previous questions.

Reply

259 MNGirlNo Gravatar March 20, 2012 at 12:09 am

Hi LawStudent. I have gone through the questions. They didn’t seem similar, bt it did help me get some of the main ideas out of the supplements, like no more supplemental answer, only one reply brief, etc. I’d say they are worth doing a few of each, but not all of them. My thinking is that many of the questions on the newer material are going to be beta questions.

Reply

260 MNGirlNo Gravatar March 20, 2012 at 12:05 am

Hi everyone,
I have dreamed about this post for months! I got my prelim pass today on my second try!! It feels so good. The rest of my life is going to always feel like a vacation now. This site was invaluable to me. I will go through and note my repeats carefully to give back. Here is my advice:

1) Study the way you do best to create a knowledge base to work with. For me this was flaschards. I made flashcards on my computer that I loaded onto my phone from StudyBlue and studied them everywhere I was and anytime I had a few minutes to spare. I work full-time and coach in the winter so time was invaluable to me. My first pass at the exam was last November and I got a 63. I started studying again in earnest in December/January. I used the new PLI materials which were helpful for me because I didn’t have a background in the area. I also audited a Patent Law class at my law school alma mater as well as a patent drafting class.

2) Memorize the 2003 exam repeat questions from April and October. Then memorize the 2002 exams. I made actual flashcards with the questions on teh front and answers on the back. I went through each question VERY slowly looking up every single answer and understanding why they were right ot wrong (long, tedious, and exhausting yes, but worth it!) looking up EVERY MPEP provision cited and read it and made another flashcard if it was a point I didnt know or I had seen in another question explanation.

3) Practice MPEP look up. Practice MPEP look up. Practice MPEP look up. The PLI course was good, but it’s main weakness is that it does even talk about learning to look things up in the MPEP. Even when I thought I knew where something was I practiced looking it up and practiced using keywords. I relied on the SMI heavily on the exam.

4) Do repeat questions until you know them cold. Then do more repeat questions. I used Patware and did customized exams for the sections that were the hardest for me-1200, 1800, 700.

5) Review headings in MPEP. I ewad 1200 once and half of 2100. I simply didn’t have time to read the long MPEP chapters as suggested by PLI. THe parts I did I found really helpful, but I ran out of study time. THe night before the exam I skimmed 600,700, 2100, 1800, 1200, reading all of the headings.

6) Become familiar with the Rules, not just the MPEP. This will help answer choices that refer to rules make more sense and I often found answers quicker and easier to digest straight out of the rules, then from the MPEP.

7) Memorize the non practice exam repeat questions on this cite as well. Read all the comments on this website from bottom to top first.

8) put in the time. I studied every evening for 2-5 hours and every day on the weekend for 6-10 hours for at least two months solid the second time around. The first time it was more, but I was spending more time going through my PLI lectures to get a handle on the material.

9) Read the supplemental material and do a few questions to be familair with what you have available to you.

10) If I can do it, you can too. Good luck!! Nothing is as good as that glorious moment when you pass. You will get there.

Reply

261 MNGirlNo Gravatar March 20, 2012 at 12:25 am

A few more I remembered
-Tribell
–Several on missing drawings or other information missing in regular applications and missing drawings in PCT.
-One where right answer is court can say a patent is valid, but PTO can still say the patent is invalid. (I love that one).
-

Reply

262 LawStudentNo Gravatar March 20, 2012 at 11:39 am

Hi MNGirl, Congrats!

I’m actually taking the exam in 2 days and was wondering if you remember any more repeats. I checked out your other posts already. Also, do you remember there being a lot of new material tested (Phase I, new Appeals, new ex parte stuff)? Also, approximately how many repeats do you remember seeing?

-Thanks!

Reply

263 MNGirlNo Gravatar March 20, 2012 at 3:45 pm

Hi LawStudent-Good luck with your last studying days. There didn’t seem to be a lot of the new stuff. I’d say 5-8 questions. That might seem like a lot, but I’d say one question on each of the main new areas. Don’t sweat the new stuff-focus on the basics, that’s what I did. Practice looking up stuff. Spend some of your last hours familiarizing yourself with where things are in the MPEP and in chapter 37 of the CFR, the rules and the supplements. I probably used the obviousness supplements the most. It will help you greatly.

Practice picking out words when reading questions that you can use as search terms in the MPEP, supplements, rules, and SMI. You can do it! If you don’t pass don’t get to down on yourself. It’s a hard test and you will learn SO much from taking it once that you will be so much further ahead when you go into it the second time. Both times I took it the test was SO unbelievably hard (for me), but think through the questions and you will do well.

Reply

264 MnGirlNo Gravatar March 21, 2012 at 12:33 am

And to your question about repeats I remember seeing many more this time around, maybe around 10-15, but I also had so many more of the questions memorized. THere were at least 3 questions in the am session and 1 in the afternoon session I could answer knee-jerk-didn’t have to read or look at it. I knew it was the same question and just picked the question.

I went through right away and answered the questions I knew instantly, then went back through and looked up all the rest.

265 MNGirlNo Gravatar March 20, 2012 at 3:41 pm

Strange-the big long post I made yesterday with all the repeats I saw didnt post for some reason. I’ll redo it when I get home later tonight…..

Reply

266 MNGirlNo Gravatar March 20, 2012 at 10:50 pm

I don’t’ know what’s wrong. Everytime I try to submit my long posts it won’t accept them. Sorry too tired and it’s too late to redo it again. SIGH.

Reply

267 LawStudentNo Gravatar March 20, 2012 at 11:24 pm

That is fine….I think the problem is there is a word limit on posts, so it’s probably exceeding that limit

Reply

268 MnGirlNo Gravatar March 20, 2012 at 11:52 pm

Ahhh tricky. I wrote everything down in a word doc this time and cut and pasted!

269 MnGirlNo Gravatar March 20, 2012 at 11:38 pm

Other Questions I remember. I’ll keep posting them as they come to me. I’m sorry my previous post disappeared!
-Question about knowing whether canceled matter in an application, specifically in the file wrapper, could be prior art as of it’s filing date.
-Weird question about the Deposit of Biological Matter. I looked for nearly 20 minutes I think for anything about this and finally found it in the Rules. Make sure you look at that. It was clearly a look up.
-New Material: I feel like I got a question using each of the supplemental reference materials. I used the obviousness supplements the most. Had a couple look up questions on KSR/Bilski. Several questions had enablement in the answer choices which I found a bit confusing so review that concept. Several on 112 with the new stuff that were all look ups. Had a business method question where the method was not connected to the computer, but the answers weren’t clear cut, but you could reason your way through it.
Had a couple questions related to the new appeals that I stumbled through. One in particular that asked what you could do after the examiner had rejected based on a new ground of rejection. Answer choices included something with an affidavit, an argument, and amendment, a supplemental brief, and a reply brief. A reply brief had already been submitted and I remembered from the new materials that there is no supplemental brief/answer anymore and only one reply brief is allowed. Generally in appeals you can’t submit or amend so I ruled that out. At first I picked the affidavit answer, but then changed it to argument answer because amendments are only allowed for such narrow reasons in appeals. Not sure if I got it right, but I passed.

Reply

270 M.C.No Gravatar March 21, 2012 at 3:54 pm

Thanks for all your tips!

Reply

271 MnGirlNo Gravatar March 20, 2012 at 11:39 pm

-If you have the PLI materials I think it is helpful to do a few of the sample questions in each of the areas, but I wouldn’t sweat through them all unless you have the time.
-Know the relationship/concept about 102(a) objection and 103(c) exception when prior art is under 102(e). There was one question that directly tested that concept and had you choosing what prior art was permitted.
-Had several questions about missing materials. Specifically missing drawings in a PCT. Also had one with missing money and translation in a PCT. Remember $ by 30!!! If you only have time to read one section of PCT I would read the section about the parts/requirements for an IA, I think it’s 1863? Or 1893.
-Had one that carefully tested whether you knew that in a PCT you had to have either a US national OR resident (but not both) to file an IA.
-Had the question where the court finds the patent valid, but the USPTO can still find the patent invalid. This was the correct answer. I love that question!
-This time around I had more appeals, or so it seemed then PCT. But I used 1200 and 1800 quite a bit.
-Had a few that clearly tested whether you could overcome 102 objections with 103 arguments such as common owner or assignment at the time of invention or nonanalogous art or teaching away. Know these parts of 700, like 706.02. If you only have time to read one chunk of 700 I would read 706.02.
-Had one obscure one about 102(F) derivation of the inventor. (Someone earlier mentioned a Q like that-I wished I had looked it up before!). I sweated through that one. It was a look up, but you have the find the right section in the MPEP and it wasn’t where I thought it would be.

Reply

272 MnGirlNo Gravatar March 20, 2012 at 11:45 pm

-Lots of dead inventors. Know what happens when the inventor dies before filing and has not assigned anything. Know what happens when the inventor dies after filing and after assigning partial interest to practioner but before prosecution is complete. Know what happens when inventor dies and assigns entire interest to corporation.
-Block-cancer alleviating pain question
-Alice and Mike stranded on the desert island where Alice tries to steal Mike’s invention.
-One where a guy is traveling overseas and he sees a cool invention and he goes back to his hotel room and draws the invention with his photographic memory then tries to patent it.

I’ll keep posting as they come to me. I want to do anything and everything I can do help you guys out.

I also made a grid to use for my answer key. I make it during the tutorial. This time they let me keep my scratchpaper in the lab. The first time they took it away and wouldn’t let me keep it which was annoying because I had made my answer grid for the am and PM session and had to redo the PM session. I’ve heard about so many software.computer problems but I didn’t have any either time. I did learn the hard way NOT to wear my glasses, but to wear my contacts the second time as the headphones they gave me to wear pressed on my glasses and gave me an instant headache the first time. I know it seems obvious but I really watched my nutrition the few days before and didn’t eat anything sugary or junky. My food was all whole and natural and I had a lot of protein. I got so hungry 30 minutes before each session was over and normally I would have been fine for much longer. So you are going to need good endurance fuel. I’m an endurance athlete so I think that really helped in the studying and the test!!

Reply

273 MnGirlNo Gravatar March 20, 2012 at 11:50 pm

-Also had a few on ex partes and inter partes….I did key word look ups to figure these out.
-Had a few about terminal disclaimer and knowing when you could and could not use them.

Reply

274 MnGirlNo Gravatar March 20, 2012 at 11:55 pm

I also had the question where the prior art is 30-60% and the new invention is .1% off, so like 29.5% and 60.1 percent. Answer is that it is still obvious!

Wee! Ok this is sort of nerdy fun to remember the questions once you’ve passed the test. Sick I know….sigh.

Reply

275 MnGirlNo Gravatar March 20, 2012 at 11:59 pm

Had a question asking who had a duty to share with the Office information about fraud on the office. I remember reading somewhere that the correct answer (on this forum) was the one with the judicial decree or a decision by the court. I picked the answer that talked about a judicial decision. I passed, so I think I got that one right. It felt tight. I had honestly studied so much and done so many practice questions I could almost tell which questions was right just by feeling them out. I think that’s a good sign that you’re ready to take the test. Good luck everyone! Now to go through the repeats one by one.

Reply

276 MnGirlNo Gravatar March 21, 2012 at 12:01 am

Me again. I will also be selling my 2011 PLI Materials, with the 2011 and 2012 supplements. I also have flashcards I made with all of the 2002 and 2003 exam questions. I cut out the questions and the answers and taped them on the front and back of colored paper stick and highlighted concepts and made notes on them as I went through where topics had been updated or the forum had changed the answer. I also have the Tapre flashcards as well if anyone is interesting in buying materials. Email me at forsythekp@yahoo.com.

I also have a set of older PLI materials, from 2008 or 2010 that has all the audio cds. I listend to these in the car on long drives. :)

Reply

277 MnGirlNo Gravatar March 21, 2012 at 12:30 am

A few more I remember:
-Question about new information- AIA stuff-Had to be aware of the September dates-the change in what is permitted from 2011-2012 and the 10,000 cap, and the limit on 4 independent and 30 dependent claims, or something like that. In my question it was an old guy who got sick and was rushed to the hospital and while he was there came up with an invention. Was worried he wouldn’t live long enough to the practioner filed for accelerated examination to make special. This was tricky and required some look up.
-A few questions about small entity-know how long you have to request a refund if you accidentally paid for large entity status and it should have been small. Know that the fee to record a document is NOT reduced for small entities-Had a question ask-all of the following are fees that are reduced for small entities, EXCEPT: the answer is recording docs.
-Had a question specifically asking in what situation can you have an interview before a first office action.
-Had a tricky look up asking how to fix inventorship/ and forgetting to include addresses. Required figuring out that you could correct the lack of inventor’s address by listing ALL inventors, but only the inventors whose addresses were updated or changed or added had to sign. So, ALL inventors did NOT have to sign.

Reply

278 MnGirlNo Gravatar March 21, 2012 at 12:35 am

Another one: Dealt with whether a third party submission was permitted after an inventor had responded to a protest in inter parte vs. ex parte. In one of these a third party is not allowed to submit a second response…I just cant’ remember which one. The right answer was that the third party was NOT allowed to submit a second or additional response.

Reply

279 LawStudentNo Gravatar March 22, 2012 at 6:08 pm

got the prelim pass today!!! i will try and post as many questions as I can remember later (after I sober up), but I did get a LOT of repeats, or at least questions which have been posted on this site (even if the answers were still being debated on this forum)….I tried to keep a tally and the first half I recognized about 20 (either repeats from the old released exams or questions which were posted under ‘Exam Questions and Concepts’) and the second half I didn’t keep a tally as diligently as the first but I would say there were about 15 that I recognized….advise for future takers – go through Mambo5’s compilation of repeats organized into 4 exams (posted somewhere on this site) and then…go through all the questions on the ‘Exam Questions and Concepts’ page AND (I can not stress this next part enough) go through the posts from the newest to oldest and write down/tally up the questions that people have been consistently seeing….if u have time, go through all the posts, if not just go to maybe the beginning of this year or December 2011 posts….I unfortunately was unaware of this site until a couple of weeks before my exam, so I only went through the posts up to about Dec. 2011 – I copied pasted any questions ppl recalled into a spreadsheet and I tried to deduce the answers or figure out where to look …I think this is what helped me the most, b/c the exam obviously repeats newer questions more than the 2003 and earlier exams …. I don’t think I remember any new questions, but whatever I will end up posting has already been posted before, so if you don’t want to wait on me, just read earlier posts

1 question which i did spend some time on (and was already posted here) was regarding a chemical compound that was disclosed in the spec but wasn’t enabling (or something like that) and you had to know when to reject under 112 based on enablement or lack of written description (choices ranged from a combo of these two…i.e. reject claim on enablement, but withdraw rejection on lack of written description etc.)

I also saw the Indian outsourcing question (answer is the USPTO doesn’t have a rule on that but it may violate export laws)

saw 2 potter questions (two variations – 1 where it was rejected under 103(a) the other rejected under 102(e), but the answer is the same for both b/c the second is an except question…..answer=can overcome by showing common inventorship (this is right for 102(e) b/c the questions was and EXCEPT question))

I will try and go through the forum later later to refresh my memory as to which ones i’ve seen

Reply

280 MirandaNo Gravatar March 22, 2012 at 8:39 pm

Thanks LawStudent! btw, how did you end up answering the chemical Q? Proper to reject under enablement, description, both or none?

Reply

281 LawStudentNo Gravatar March 23, 2012 at 9:27 am

There were actually 2 versions of the question on my exam (1 in the AM and 1 in the PM – I thought about reviewing it over my break, but I figured ‘what are the chances they would ask the same question’ and sure enough one of the first questions on the PM was the same question worded a little differently). I don’t remember exactly which way I came out on each (or if I answered it correctly). But 1 of them essentially stated that a chemical compound has been disclosed showing the inventor possessed the invention (chemical structure was disclosed), but the chemical wasn’t enabled b/c inventor nor prior art described how to make the compound that was claimed. For this I chose reject stating that applicant failed to enable (although one of the choices was reject on 112 twice – one for enablement and one for written description since the two are different). THe second compound question was similar but I don’t remember the facts exactly but I think I chose reject on both enablement and written description

Basically just read up on the 112 enablement/written description section.

282 bfusionNo Gravatar March 28, 2012 at 4:52 pm

Hey All,

So, in my OCD-ness of studying, I decided to take a look at all the questions from the repeat section, and track which ones have been reported by people to be tested this past year (april-11-Apri-12). I’ve only worked my way through the comments under each specific question in the “Repeat question” section. I’m about to now go back to the “Exam questions and concepts” page and look through the past year to see what people have also posted as seen questions.

BUT: in the meantime, here it is, in all it’s glory. It’s pretty self-explanatory…anything that has a green box by it has been on an exam w/in the past year (and you can see what month, how many times it’s been reported to have been re-tested). Each name of the question is also a hyper-link to the specific page question.

Enjoy!
here’s the document: http://minus.com/mlIrCuwyL/1f

Reply

283 Nick KNo Gravatar April 17, 2012 at 7:04 pm

Any chance you have an update to that file or someone else downloaded it on here? I’d appreciate it!

Thanks!

Reply

284 BfusionNo Gravatar April 29, 2012 at 7:45 pm

Nick, I had to take this document down…i should have something up soon. Sorry for the delay.

~Bfusion

285 JudeNo Gravatar May 10, 2012 at 11:53 pm

Hey BFushion, any update on your magical spreadsheet? Much thanks.

286 BfusionNo Gravatar May 18, 2012 at 6:46 pm

Jude, Not yet. Still working on some issues…

I’m trying guys! In the meantime, I’ll keep trying to help out anyway I can!

287 BfusionNo Gravatar March 31, 2012 at 12:27 pm

As Promised:

This is the link for the Finalized (for now, for me) excell spreadsheet tracking every question reported, be it from old exams, “new” test questions from this webpage, or “new new” questions from user’s posts (reflecting updates to the exam, etc).

https://docs.google.com/spreadsheet/ccc?key=0AhyB6CmD9mgMdFJjd1A5VVBIZWRab01mZlBmLUhzYXc

Basic Layout: Month by month breakdown of each question (each question is also hyperlinked [ahh, that's an exam question answer] to the specific page of that question (if there is a page for it).

Anything that has a green box to the left has been reported to be on an exam at LEAST once within the past year (indicated by an X in that month).

If it has a BIG X, it means that question was reported >5 times that month.

Now, there are 3 tabs in this spreadsheet.

Page/Tab 1: old exam repeats
Page/Tab 2: “Repeat / New questions”
Page/Tab 3: Questions from oh, the last 4-5 months people have reported on that are only found in people’s comments (meaning, they aren’t listed on the question pages anywhere)

Lastly: a gmail account was created to host this spreadsheet (in case anyone in the future desires to keep updating it). I’m kinda just throwing it out there in good faith that people won’t abuse the email or the spreadsheet, but see it as a way to keep helping all those studying (like myself).

gmail: mypatentbarr@gmail.com
password: usptoposita

The spreadsheed is saved under “google docs.” Feel free to add updates, or even upload your own study material (perhaps outlines, etc).

Finally: Best of Success to everyone studying right now for the exam. From this guy…I’m looking forward to it being over (but is it sick that in some small way, I get a small thrill when I find the correct answer?) Makes me wonder how in the heck these guys did it BEFORE computers…think about the papercuts from flipping through the manual!

Reply

288 sgNo Gravatar August 15, 2013 at 8:29 pm

The password was changed. What’s the new one?

Reply

289 BfusionNo Gravatar August 17, 2013 at 7:41 am

Hi SG,

Those excel spreadsheets and materials are now available through Wysebridge Patent Bar Review

http://www.wysebridge.com

After helping and tutoring individuals study and pass the exam, I decided to start up a small company to provide resources (such as those frequency charts), focused on making studying and passing the exam as efficient and affordable as possible.

We have both a free portion and paid portion of the site.

All the best to you as you study!

~Bfusion

290 GDBNo Gravatar April 17, 2012 at 8:53 pm

I think you can access that doc at gmail:

the login: mypatentbarr @ gmail . com
password: usptoposita

Reply

291 PrometricEarphonesNo Gravatar April 17, 2012 at 9:01 pm

passed today, the test had a lot of obviousness (review the KSR interim guidelines), at least one AIA question relating to inter partes reexam, and of course tons of PCT, appeal, and change in inventorship crap.

My advice to future test takers: know 102 inside and out. This is easier for the law students who previously studied patent law, but its not hard to learn. Know how to immediately do analysis under 102(a)-(g)

lots of repeats from the Oct 03 material

Reply

292 satchmoNo Gravatar May 16, 2012 at 7:44 am

passed today with only 2 weeks of *real* studying (one chapter a day of OmniPrep practice questions, followed by ~40 practice questions / day of past exams and Mambo5’s compilation in the last 2 days). I’ve also been working in the field (as an associate at an IP firm) for 5+ years, so most of 101/102/103/ksr/bilski, as well as chapters 600, 700, and 2100 were old hat, at least in a qualitative sense. Here’s as much as I can remember after my bender last night:
-At least 5 KSR questions
-One Bilski question
-Lots of PCT including elements of IA, can a US national stage app claim priority to US provisional, as well as several where the USPTO acts as receiving office (RO)
-broadening reissue / correction of inventorship
-Moon Dust
-Approx 40% we repeats from 2002/2003 tests, it was nice knowing most of these cold so I could check the right answer and spend more time on the unfamiliar ones.

Speaking of which, I want to emphasize that for someone like me who didn’t really study very hard, efficiently SEARCHING the materials was probably what enabled me to pass. In each 3-hour block, I finished the 50 questions in under 2 hours, and used the last hour to review the unsure ones and scan the materials. Someone said it before and I’ll say it again: search broad (i.e. the name of the subsection) before searching narrow, otherwise the software will direct you to every instance of your search term. Avoid using keyboard shortcuts, you may crash the Prometric PCs. Take your time, but don’t get stuck. And USE Appendix R for quick CFR lookups before delving into MPEP.

Thanks to this site for my *very* last-minute prep tool! it is possible to spend <1mo preparing, though not for everyone…

Reply

293 barexamNo Gravatar May 18, 2012 at 2:14 am

hi Satchmo,
congratulations for passing bar exam and thank you so much sharing your feedback. I do not have any legal back ground and i am really finding it hard searching MPEP for respective questions. Can you please take any example question and share your tips on how can someone search or what keywords can be considered for searching in MPEP.You can randomly take any question. I have been terribly dealing with this and was very disappointed by the fact that how can I be sure which chapter belongs to which question and searching MPEP during exam. I know I am asking too much from you but it would be really helpful for me to focus on search strategy and making sure I could make a pass attempt and share the news on this forum.

Thank you in advance.

Reply

294 KeenerNo Gravatar May 18, 2012 at 11:46 am

barexam, I am taking the test on Sunday and practicing the old test exam will help you. You’ll find many references on this site to writing down the chapters of the MPEP, this is a good start, but a bit unnecessary since the pull down menu has the title of the chapter with the #. So I went thought my study guide and noted the following: I write this list everytime I sit down to study. Start with direct copying and eventually you’ll be writing it off the cuff. Beyond this I takes practice.
1-Secrecy, Access (big 4) Nat. Security, FF License
2-TAP-Type of App, ACE ADAADA 1.48(deals with change in inventors), Priority
3- Ownership/assignment
4-REP-Rep of owner/inventor 1.47, Ethics, POA
5-Mailing, Filing requirements, Small E, fees(envision a mailing letter with the the To address for Filing reqs,the return address is from a Small Enitity, stamp stands for the fees)
6-OOhMIParts–Parts of Application, Oath, Omitted Items, MDC, IDS
7-SPEND-Special, Public Use, Examination, New Matter, Disclaimer
8-RR-DP (rap 8 to the R to the R to the D to the P)
9-Classy Prior art- canceled material(envision the number 9 in a top hat with not place to go)
10- Who decides (envision a question mark with a 10 for the period)
11- (S1R)- SIR, publications, all pubs, non pub request and pre-grant
12-Appeal
13-Allowance pay late, Issuance rescind
14-CoRD- CoC, Reissue (enlarge) Disclaimer
15-Design
16- Plant
17- Misc –Miss comment from examiner, Examiner misses out on testifying
18-PCT
19-Protest 292 Public use (envision public toilet with 292 inside), 291 citations, 1.99 after pub cites
20-IDS
21-patentable, 112, 101, claims types/phrases, diligence
22-Ex P Reexam, 1.501 (the levis’ jeans size 22)
23- Interference
24-Bio (2 dozen eggs)
25- 25 cents- Maintenance (mntc) fees
26-Inter P Reexam Nov 29-1999
27- Patent term, term ext, PTA Jun 8 1995.

The parts in () are the pictorials I used to speed memory. In the end looking up the answers I got wrong on the pract exams helped. If you get it wrong at least feel better now that you know where to find it.
Hope this helps.

Reply

295 zanNo Gravatar May 18, 2012 at 12:29 pm

Every time I sit down to study, I write out 102, 103, and 112. Would you recommend writing this cheat sheet when I sit for the exam – like a brain dumping in the first 15 min tutorial?

296 KeenerNo Gravatar May 18, 2012 at 7:27 pm

I also did the same a zan until I had it down… although I shorten it to the essentials.

297 barexamNo Gravatar May 18, 2012 at 2:41 pm

Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for questions.

Thank you so much for sharing .
Best wishes,

Reply

298 KeenerNo Gravatar May 18, 2012 at 7:35 pm

Searching reminds me of learning fractions, if feels like you’ll never get until *pop* it starts working. After a bit of practice (and with writing the above) you’ll be able to narrow it down to 1 or maybe 2 chapters. 700 and 2100 are common double. If you are looking up disclaimers or IDS there’s more than one place you could look.
If you know a 37 CFR #.### go to Appendix R if you can’t find it in the chapter quick.
Do 2 full tests (all of 2003 and 2002), and look up every question you get wrong ever part a,b,c,d&e. If you’re not feeling better about where you need to go, re-read chapters or your study guide. Also reading the summaries of the chapters on this site helps.

Reply

299 KeenerNo Gravatar May 18, 2012 at 7:37 pm

The best place for exam questions is under the Old Exams tab on this site.

Reply

300 barexamNo Gravatar May 18, 2012 at 2:42 pm

Thank you Keener and best wishes for your exam. I was just curious to know how much does each chapter be helpful with respective keyword when you may not be so sure that the question belong to which particular chapter. However as you mentioned I will practice that and see how best i can get hands on the MPEP for searching answers.

Thank you so much for sharing .
Best wishes,

Reply

301 ultrapotatoNo Gravatar May 18, 2012 at 4:37 pm

Passed today on first try! Lots of repeats in the AM…..one or two in the PM. Appeals, restriction practice and obviousness were heavily tested. A handful of easy PCT and some tricky oath/declaration questions. Can’t remember particular questions right now as my brain is fried. Although I took classes in patent law and claims drafting, I do owe a lot to all the helpful people here. Practice the 2003 exams!

Good luck everyone!

Reply

302 KeenerNo Gravatar May 20, 2012 at 9:47 pm

Preliminary Pass today!
I studied independently using Longacre’s book (not the questions books, just the MPEP review book) and this website to study over a 6 months period (mostly nights; weekends toward the end).
Longacr’s book: I give it a B. It is a good summary, but there are errors. The annoying errors are the questions that were out dated long before the 2010 publishing date. They will make you lose your mind. Skip his explanation of 102 e and the PCT material and just use the flow chart in 700.
Study regime: read the book chapter; read the corresponding MPEP chapter taking notes only on sections covered by the book; answered the questions at the end of each chapter in Longacre. After I read the entire Longacre book, thus finishing the MPEP (not including the indexes), I started taking the practice exams available on this site (starting with 2003 and going backwards, I did not make beyond 2000) while I re-read Longacre twice and attempted to re-read 700 (admittedly I only made it about half way before test day came.)
Important: Read the Exam Concepts and Questions section on this site well.
Between the old exams and the questions in the Exam Concepts and Questions section I only had 10 or so questions that were completely new.

Questions I remember off the top of my head
-Broom
-Tommie and Jo(4.00.23a/4.00.24a)
-Potter (both)
-KSR
-New Ex Parte Appeal material (read the Biliski/AIA/KSR material on this site and available at the gmail account) although I think these were probably beta
-Sweden
-Japanese and US inventor with Japanese language PCT electing Jap-Date an where it will go
-Where 19 amendments are filed and when (2 months and with the IB)
-nonsigner rights
-What can an assignee not of record sign for (small E)
Q21) Trade Secret Question
Q23) Broom
Q25) Electric Fan
Q31) Chemical Claim – except it was about depression not headaches
Q38) Piecemeal
Q10) Suspended Practitioner (sole pract.)
-CPA and reply to OA by fax
-Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
-Appeal with Board on new ground, appellant requests rehearing and make amends (1200 MPEP end of a paragraph on new ground I believe)
-overcoming 102a, 102e and 103 with and without common ownership
-Toy plane with Foil Wings (10.03.46p)
-Japan/nonpublication request/45 days (10.03.44a/4.03.2a) variant
-inventors die just after NOA, what will happen to patent (missing paying issue fee I assumed you ignored that)
-147 Claim Counting (10.03.50a/4.03.28p)
-AIA question: Old man in ER, idea for medical dispense. Wants USPTO to review <12 months…think this was on the new rules in the Biliski/KSR/AIA mentioned earlier
-Indian Patent Agent filing out US patent app. (USPTO does not have stance, but export regs may applie.
-Someone in india wrote US patt app & sent to US. Firm submits, notice allowance recied. Does indian person have duty to disclose material reference? Answer:? Yes, because she drafted the app
-Shoe polish is found to help grow hair. How do you patent? Claim the METHOD of growing hair
-A Claim limitation will NOT be presumed to invoke 35 USC 112 6th paragraph? – all of the above
-KSR: Obvious to try requirements are the following EXCEPT: KSR supreme court said TSM are useful, but not required
Which of the following most correct to claim domestic priority: 1st sentence of Spec OR Ads
When can IDS be considered appropriate submission with RCE: AFTER ALLOWANCE
Certificate of Correction prior to Reissue App- no marks in Reissue App
Is patent office ever able to file, sua sponte, an RCE (if applicant states he authorizes payment of any fee to have considered an IDS that was filed after issue fee was paid)? NO
-Electronic filing of Assignment and electronic signatures
-When examining a continuation, does an examiner have to cite all the references from the parent and make them of record in the continuation? I said yes.

I was surprised at the number of appeal questions (10 or so) and the lack of PCT (3-5)

Finally Prometric info. The OKC prometrics is warm but not uncomfortable. I liked the location. I was unable to resize the question screen but could resize the MPEP. This made it more difficult to see both screens at the same time. If you are using the new Adobe Reader to see/search MPEP PDF, the Prometric MPEP has a similar bookmark menu to the left so practice using it. There are also other References available, I only used the Biliski/AIA/KSR for what I assumed were beta questions.

In short, if you take the old exams 2000-2003 and look at the list of questions on this site, you will likely have few questions that surprise you. Good luck test takers.

Reply

303 LLMNo Gravatar May 23, 2012 at 10:22 pm

Hello everyone,
I am a bit confused by the timing of filing an Appeal Brief:
MPEP states an appellant must file an Appeal Brief within two months from the date of FILING the notice of Appeal;
But PLI and the study guide here state: within two months of the date the Notice of Appeal is RECEIVED by the PTO.

Could someone clarify? Many thanks!

I guess I should follow MPEP…

Reply

304 LLMNo Gravatar May 23, 2012 at 10:28 pm

Oops… I found the the clarification in MPEP. PLI/study guide are consistent with the MPEP.

Reply

305 LLMNo Gravatar May 30, 2012 at 3:39 pm

Passed the exam yesterday on my first try.

I had about 15 repeats (~5 in the 1st session and ~10 in the 2nd session).
Quite a lot of KSR, Appeal, PCT and reissue questions. 102/103 are the usual hot spots.

Questions I can remember:
Shoe polish is found to help grow hair- comp claims: can overcome rejection? NO
Trade Secret : how to handle trade secret during reexam
Japan/nonpublication request/45 days
Moon dust
147 claims
Piecemeal
One question about first search by Examiner
PCT German
PCT Spanish language
PCT US national entry (no need for PCT application, because the PCT was filed with USPTO)
Appeal (1-5 canceled, 6-10 allowed)
Appeal related to groupof claims/grounds of rejections in the Brief
fax from German to respond to OA
Several KSR
IDS (after NOA, cannt make the 1.97e statement)
Assignment submission: what you need
Reissue broaden w/i 2 years

Some Prometric info-
the site was noisy with a big fan running inside the room and people above walking/making tons of noise. Luckily when I was doing my practice exams, the construction noise from the neighbor house was even worse…
THe resolution of the screen is not that good for MPEP/other materials.
I was also suprised that they used metal detector to scan everyone…
Staff were nice, and food/drink allowed in the waiting area.

Good luck, test takers!

Reply

306 LLMNo Gravatar May 30, 2012 at 3:39 pm

Passed the exam yesterday on my first try.

I had about 15 repeats (~5 in the 1st session and ~10 in the 2nd session).
Quite a lot of KSR, Appeal, PCT and reissue questions. 102/103 are the usual hot spots.

Questions I can remember:
Shoe polish is found to help grow hair- comp claims: can overcome rejection? NO
Trade Secret : how to handle trade secret during reexam
Japan/nonpublication request/45 days
Moon dust
147 claims
Piecemeal
One question about first search by Examiner
PCT German
PCT Spanish language
PCT US national entry (no need for PCT application, because the PCT was filed with USPTO)
Appeal (1-5 canceled, 6-10 allowed)
Appeal related to groupof claims/grounds of rejections in the Brief
fax from German to respond to OA
Several KSR
IDS (after NOA, cannt make the 1.97e statement)
Assignment submission: what you need
Reissue broaden w/i 2 years

Some Prometric info-
the site was noisy with a big fan running inside the room and people above walking/making tons of noise. Luckily when I was doing my practice exams, the construction noise from the neighbor house was even worse…
THe resolution of the screen is not that good for MPEP/other materials.
I was also suprised that they used metal detector to scan everyone…
Staff were nice, and food/drink allowed in the waiting area.

Good luck, the test takers!

Reply

307 barexamNo Gravatar May 31, 2012 at 9:34 pm

Hi, I need suggestion as its really urgent.
My application from USPTO was rejected due to the transcripts I sent in. I completed my B.Tech and M.Tech in EE from a non-US university and got them verified from NAEG (foreign education verification). NAEG issued me a certificate noting that the course work was equivalent to a US degree program. However the letter from USPTO says that copies of transcripts are not acceptable and only official transcripts are accpetable. I have two questions:

1) What if my university refuses to re-issue a second copy of my transcripts or does not issue official transcripts? What are my options?

2) If I submit the original transcripts that I have in my posession, would those be acceptable to the USPTO? If so, would they return them to me, since those are my only copies?

I appreciate any ASAP assistance on this issue.
Thanks in advance.

Reply

308 JuliaNo Gravatar June 8, 2012 at 4:26 pm

I had the same problem. I was not able to get transcripts from my German university or get them to send them to the USPTO.

I had all my original documents and certifications (32 of them) translated into English with a certification (expensive!).

I send the certified translation as well as the originals and the course-by-course evaluation to verify that my German degree is equivalent to the US bachelor’s degree to the USPTO. I included a cover letter with a request (in bold and larger print) to return the originals to me as they cannot be replaced. And I included a postage-paid self-addressed envelope for that purpose. My application was granted and I am supposed to get my originals back any day now.

Good luck!!

Reply

309 barexamNo Gravatar June 13, 2012 at 4:43 pm

Thank you, Julia. That was very informative.

Reply

310 barexamNo Gravatar June 22, 2012 at 1:44 pm

Hi Julia,

Did you get your certificate back from USPTO?

Thanks

Reply

311 JNo Gravatar July 16, 2012 at 4:22 pm

Passed today (7-16-12)
Tons of repeats from this section and from exam questions and concepts
moon dust
claim counting – 147
laurel, abbot, hardy
piecemeal
spanish phone
bunch of obviousness
velcro
small entity status
electric fan/lamp
best mode
make special
inert gas
appeal – some claims rejected/objected (dependency), some allowed, appeal board affirms rejection, no answer from applicant…answer is to allow application with only the allowed claims
5 steps to cross a road
Agent in Germany faxes forms on last possible day
canceled matter
chemical formula with no description on how to make it

Second session was way easier and contained way more repeats.

Overall I had at least 30 repeats.

Reply

312 iphone4 casesNo Gravatar July 27, 2012 at 12:11 am

I am really grateful to the holder of this site
who has shared this fantastic post at at this place.

Reply

313 justpassedNo Gravatar July 27, 2012 at 4:49 pm

Hi everyone, I just passed the patent bar yesterday on my first attempt. Thank you SO MUCH for this site and the repeat questions, they were a big help.

I am looking to sell all my PRG patent bar study materials, purchased for over $2900 in April 2012. Will entertain all reasonable offers. The materials include 5 days worth of lectures online, printed slides in a binder for use with the lectures, an unopened set of Patent Practice – 9th Edition (Volumes 1-3), and ExamWare online to take an unlimited number of practice exams and questions. Please contact me at atk520@gmail.com if you are interested!

Reply

314 rossco993No Gravatar August 7, 2012 at 6:21 pm

Just passed today 8/07/12. First try. Bad news though, almost no repeats. There were maybe 10 that seemed familair. A few verbatim from this site and the rest variations. And I memorized all of the repeats and exam questions. I basically just had to look every question up in the MPEP. Thats the key. I was hoping to rely on repeats but I dont recommend it now. I used the PLI 2006 DVD lectures that I got from a friend of mine. Went through them in a week or so. Then I went through the questions on this site for about a week. Thats all there is to it. The rest you just have to look up. Type keywords into the subject matter index. It will take you to the right place. Lots of PCT, Appeals, Obviousness. I think one of the only repeats i got was the 147 claim counting question. I figured Id get the exam out of the way before the major changes. Good luck guys.

Reply

315 anjali bNo Gravatar August 10, 2012 at 4:14 am

Hi all, just passed the patent bar today – I second what the person wrote. I had maybe 10 repeats. Majority of the questions were PCT, Appeals, and Obviousness. They had more than I expected on what could besubmitted via facsmile.

I also have the PLI book for sale. It helped a lot in getting an overview from whcih to build. It was approx 2800. It also includes the patware. email me @ anjali.a.bansal@gmail if interested!

Reply

316 anjali bNo Gravatar August 10, 2012 at 4:16 am

Oh, I’ll listen to all offers!

Reply

317 steveNo Gravatar August 12, 2012 at 5:27 pm

8/12/2012 – Passed. At least 20 repeats. Recommendation: Read all of the comments. A lot of the repeats were not listed on this site as questions but pieced together from comments.

Reply

318 vibhaNo Gravatar August 12, 2012 at 5:29 pm

Hi Anjali, I am also preparing for patent bar, Can you write me on my mail id shuklavibha76@yahoo.com about the price you are looking for?

Reply

319 barexamNo Gravatar August 15, 2012 at 6:42 pm

Hi, I have my exam due on 12th Sep. I would really appreciate if someone can please share how MPEP is shown during pro-metric exam. Is it available as individual chapter format or a complete one file wherein one has to manually scroll each chapter. Also, Any specific tip to search MPEP in shortest time span during exam. Thank you in advance.

Reply

320 MNo Gravatar August 16, 2012 at 9:06 am

Took it 8/14 and passed, here are some of the questions I noticed that were repeated:

KSR rationales (prob 4-5 KSR questions)–TSM etc
New re-exam and dates applicable
Moon dust
Spanish phone
Abbot, Laurel Hardy
French PCT, 102d bar
Smith laminate variant (involved 102b bar)
Trade Secrets
Canceled matter and 102e
Broadening reissue
Shoe polish
Comp Code-abstract idea, make it an application
Mexican Nationals PCT
German PCT
Japan 45 days foreign filing
Broom
Basic filing fee for PCT to enter national stage
Facsimile and what can and cant be filed
German Facsimile question (certificate of transmission)
Velcro Trademark
Small Entity status, correcting
Chemical Claim
2 month rule
Missing Parts in PCT application
Piecemeal
Best mode
Combinations/Subcombos, when is restriction appropriate
Hydrocylcone
Proper claim format for Multiple dependent claims
claim counting (147)

And plenty on obviousness, double patenting and 102 rejections. Also had probably 6-7 that were appeal related.

Reply

321 cutsieQNo Gravatar August 16, 2012 at 9:36 am

Hi all, passed the bar in late July.Then I had a memo due, then went to three interviews, then had final exam. Finally, I have some time to post something here.

These are the ones I can remember:

New Argument that wasn’t present in appeal brief can be made when comment on new judicial decision

Reopen prosecution on part of claims and request rehearing on remaining, examiner will not consider the claims for rehearing and board will hold rehearing after the prosecution ended.

PCT in Japanese will be forwarded to IB, not Japan.

Reissue: if didn’t mention there is an assignment, then it is assumed there is.

(Airplane in gum wrapper or aluminum foil) Overcoming obvious: Not teaching all elements or Unexpected result?

Outsourcing to India to prepare application to file in the US, need FFL?

Protective order (MPEP 700)

Assignee before establishing ownership can sign what? Request for status (I guess anyone can sign that, right?)

Request oral hearing within Two months of examiner answer?

Broom

An 66-year-old want to get patent approved in a year, what is the best way? Make special, accelerated program or Prioritized examination (track I). If number for fiscal year already 10000, can’t do it in a year. If hasn’t reached 10000, yes.

Obvious to try: pick a wrong one, which is: TCM has to be found to find obviousness.

If you can convince examiner he is wrong to reject relying on any one of seven rationales in MPEP, then examiner should withdraw rejection? — wrong. Examiner can rely on other rationale to reject. Seven examples is not an all-inclusive list.

Suzy the foreign attorney who prepared the application, does she have duty to disclose? Is she bound to American law and rules? – I am not sure.

One PCT question is filing date if filed in the wrong country.

I used 2010 version PLI and only studied. I found some Powerpoint slides on new appeal rules. I read all the new materials posted on PTO website.

I just understood the concept on new materials. I didn’t do any questions on new materials.

I was really nervous in the first 10 minutes. My brain went blank. Repeat questions enabled me to calm down and flying through it and had lot of time left to search MPEP. I was able to correct more then 15 of my answers by searching MPEP.

By the way, MPEP is by chapter. But you definitely need to know the keyword, search index, and remember the title and contents of each chapters.

Definitely remember where to look up: small entity reduced price, things can be submitted by Fax, things that don’t get benefit of COM and COT.

I read chapter 700 and Chapter 2100, went though chapter 1800 briefly. I read sections of other chapters while I was doing practice exams. Now I think it is enough to just go through subtitles of chapter 700 and 2100 and don’t need to read every word if you understand what the subtitle is talking about.

That is all I can remember for now.

Go luck to all.

Reply

322 MaxNo Gravatar August 16, 2012 at 11:39 pm

Hey! Do you have any MPEP searching tips? Do you just generally, after knowing what chapter it’s in, pick a word you think it will be and click ‘next’ for each successive reference?

Also, what actual searching things can you do during the test (as in, putting a phrase in quotes to find it exactly…)

Thanks!

Reply

323 sibaNo Gravatar August 16, 2012 at 10:05 am

Can you please send me the link for which you have used the PowerPoint slides on new appeal rules from the PTO website?

Thank you

Reply

324 RBNo Gravatar August 16, 2012 at 10:09 am
325 barexamNo Gravatar August 17, 2012 at 12:40 am

Can any one please confirm whether “subject matter index” wherein each MPEP terminology is listed is a part of prometric MPEP too. As I can see that in MPEP listed at USPTO. I want to make sure I am using it correctly and therefore can use same for to narrow down search during exam. Thanks .

Reply

326 mattzargNo Gravatar August 18, 2012 at 10:24 pm

It is!

Reply

327 FLPatNo Gravatar August 18, 2012 at 3:35 pm

I took the test for the first time on Aug 4 and passed! This website was extremely helpful for me even though I only discovered it 4 days before my exam. I strongly recommend reviewing the repeated questions and new questions. Do not however use them as a substitute for mastering the material. Here are the questions I got (most of these were in the afternoon for me):

35 USC 101 (10.01.6a)

37 CFR 1.8 and (4.02.16a)

New Matter (4.02.24p)

Facsimile Transmissions (10.02.49a)

Nylon Rope and Tent Fabric (10.02.43p/04.01.20a/11.99.2a)

Potter (4.03.12a)

Board Decisions (4.03.37a)

Foreign Priority (4.03.22p)

Bloc; Synthetic Z (10.03.7a)

Canceled matter as Prior Art (4.03.48p)

Copper substrate (10.03.4a/4.03.16p)

Smith (10.03.9a)

Moondust (10.03.6p)

Diligence (10.03.8p)

Foreign Priority (10.03.24p)

Parking Meter (10.03.28p)

Issue fee transmittal form – XYZ Company (10.03.38p/4.03.11p)

And for the “New Questions”

Q4) Submitting Tables on CD-ROM

Q14) Costa Rica and Sweeden – PCT

Q18) Small Entity Status

Q33) Indefinate Claim USing ‘High’

Reply

328 mattzargNo Gravatar August 18, 2012 at 10:14 pm

Passed today! Thanks to the people of this cite.

My share:
Inert gas
Search question (Make sure you understand the details under 900)
Combination/Sub-combination question
Best Mode
Know all the German ones (i had them all)
Spanish Phone (variation “keypad”)
Assignee of entire interest in Reissue
Know that there are inter parte/ ex parte public use proceedings
Laurel, Abbot and Hardy
Fed court decision binding on USPTO
Public inspection
Moon dust
Potter
IDS after Notice appeal
International application claiming priority to us provisional (102(e) date) Chap 700 (Example 7)
Five step cross the road
claim counting 147
Varient of ABCD (make sure to know that you can broaden in reissue within 2 years)
Smith over jones appeal
coper substrate
smith laminate

I suggest concentrating on repeat question/exam question concepts (also do the 2003 questions a couple of times)

Good luck!

Reply

329 TommyNo Gravatar August 19, 2012 at 6:35 pm

Sorry I’m a little late to this party. Has anyone made a list of repeated questions that are after (not from) the 2000-2003 exams?

If so, that would be an incredibly useful thing to have.

Best

Reply

330 UpnorthguyNo Gravatar August 19, 2012 at 8:09 pm

Tommy – Keep clicking around.
(Hint: try the “Exam Questions and Concepts” tab at the top of the page)

Reply

331 TommyNo Gravatar August 20, 2012 at 2:38 pm

Thanks a lot. Very helpful.

As a lot of those questions were posted a while ago, is there any list of more recently asked/repeated questions?

332 William B.No Gravatar August 27, 2012 at 10:11 pm

Hi community — I got my letter in the mail confirming my preliminary pass today and I just wanted to feed back into the good thing that’s going here. I studied this site a few days before the exam and I recognized several questions on the exam. After the morning session, I took copious notes, but I didn’t take many notes after the afternoon session — I was really excited that I passed. Here’s what I have by way of repeats:

Foil Plane
Parking Meter
Shoe Polish
Tommie and Jo (variant)
Potter (there are two Qs involving Potter, so just study both)
Alarm Clock w/ the 3 discs
Restriction/ Subcombination (variant that said NOT combo/ subcombo in the call)
French patent
1.131 v. 1.130 affidavits
One more asked about 103(c) and the first answer choice listed 102(e) prior art, I don’t remember how the question is denoted here.

Here’s new stuff that I could remember:
Q: Corp A sends patent app to India to be prepared there, returned and filed in US. Do you need a filing license? I answered filing license didn’t apply to this.
Q: Applicant appeals claims 1,2,3. Appeal brief only argues claims 1,3. What does the Board do wrt claim 2?
Q: What can an assignee NOT of record do?
Q re: Power of attorney, inventors die after issue.
Q: Can the same 3d party request re-examination twice?
Q re: Public access to assignment records
Q re Converting non-provisional to provisional –> you’re entitled to refund of the fee
Q re MPEP 724.06 – what happens in reexam (this one was off the wall to me. The call referenced MPEP 724.06 and the call asked if there was something analogous in re-exam proceedings. who even knows?)
Q: certificate of correction, then broadening reissue, does applicant have to underline and bracket changes in the reissue app?

What else can I say helpful … I bought the bullseye review materials and home studied for several months when I could get it in. if I were to do it all again, I’d work through the repeat questions, then I’d work through all the exam questions and concepts (on this site for free) until I understood everything. This is important: you’re going to have to read through some parts of the MPEP a few times to understand. If you know the subject matter on this site, you should have 20 – 30 Q’s right there. Then you’re going to have to look up, so know MPEP chapters so you can “find” the answers quick. Don’t forget the CFR is often a good first stop. I wouldn’t recommend trying to memorize too much beyond 35 USC 102 (which ones are statutory bars, 102(e) dates) and 103 (how to beat 103(c) rejection) and know the 1.130, 1.132, 1.133 affidavits because that stuff is too complicated to have to read through during the test. You should understand generally how appeals and the PCT processes work, but you will still prob have to look up the answers. I studied for months and I found that I knew some stuff but I still looked up almost every question, even ones I thought I knew. Ultimately, you’ll have to pay close attention, read carefully and trust your instinct/ preparation. I wouldn’t rely too heavily on the subject matter index during the exam because the search function on the computer is pretty clumsy. I don’t think there is a set number of hours you need to target, but everyone’s brain is different. I numbered 1-50 A-E on scrap paper before each session — just make sure you get back a little early from lunch to do the last 50 (I almost messed that up). You can’t take anything into the room. Not even your wallet. I think that’s all I have to contribute, hope this helps and good luck!

Reply

333 William B.No Gravatar August 28, 2012 at 12:03 am

*1.130, 1.131, 1.132 affidavits

Reply

334 tNo Gravatar August 28, 2012 at 2:29 pm

where is the alarm clock question fouund?

Reply

335 VenuSareenNo Gravatar August 29, 2012 at 3:40 pm

Does anyone know if we can bring a watch (digital or not) into the prometric room?

Reply

336 DudeNo Gravatar August 30, 2012 at 10:42 am

No watch in the room – you must leave it in your locker. You get to bring your ID and locker key in with you.

Reply

337 VenuSareenNo Gravatar August 30, 2012 at 8:14 pm

Thanks Dude! :) (and for mambo location)

338 JLGNo Gravatar August 29, 2012 at 7:57 pm

I got my preliminary pass today (8/29/12). Wanted to pass along some thoughts that will hopefully help other users of this website:

Repeat Questions. I had 42 questions (14 first half, 19 second half) on my exam that were either repeats from old exams (2000-2003) or mentioned on the new topics tab of this site. Needless to say if you know these cold you’re almost passing already. Unfortunately I can’t remember all 42, but here’s what I saw: Best Mode, Spanish Phone with 102d twist, lots of Appeal – what happens to claims after board decision especially, probably 10 PCT, Potter, Laurel/Hardy, XYZ assignment, 6-7 obviousness/KSR questions, submission from Germany, Velcro, Japan 45-day, Electric fan, mis-paid maintenance fee, death of inventor, piecemeal, 3-4 about shortened statutory periods, basic filing fee, Smith laminate, when is Fed Ct binding?, 1.131 Affidavits, Hair Gel, dead inventors, misspelled inventor name, omitted items in US and PCT apps, moon dust, inert gas.

New questions. A few of the new questions I can remember:
1. French Martinet: An application is filed in the USPTO for a martinet used to train horses and you’re given a claim with all the parts. The claim language matches exactly with a 102(b)-qualifying French patent. However, the French patent does not say what the device is for or how to use it. Should the examiner reject the application under 102?
A) Yes, because the French patent anticipates the US application regardless of its utility (I believe this is the correct answer)
B-E) Various version of “No, because the French patent doesn’t disclose utility”
2. A per se inventor needs to reply to a non-final office action. The reply was originally due on a Saturday. Now its Monday, the inventor is in California and its 11pm – how can he get the reply to the PTO on time?
A) EFS
B) Fax
C) Express Mail (I believe this is the correct answer)
D) 1st Class Mail
E) All of the above
3. In an appeal the Board affirms examiner’s rejection AND adds its own grounds for rejection. Applicant re-opens prosecution and makes an amendment that overcomes both grounds. What should examiner do next? I don’t remember specific options but most of the answers wanted the examiner to show the new claims to the Board before issuance. I answered “allow the application” or similar.
4. If you pay the small entity issue fee by accident what should you do? Two answers were identical except one had the work “only” – “Corporation X may remedy by paying the deficiency” and “Corporation X may ONLY remedy by paying the deficiency.”
5. Can the same party file a reexam request, then file a SECOND reexam request while the first one is being examined/prosecuted?
6. Provisional double patenting – gave 5 variations of a fact pattern and you had to decide which was properly rejected as provisionally double patented.

Difficulty. Even with 42 repeats the exam was harder than I’d anticipated. Especially in the first half I got a lot of “roman numeral questions” which were very time consuming to look up. This was probably just luck of the draw but the first ten questions of the exam had no repeats and some really long questions with tough material – I got behind on my pace and a little panicked.

Prometric. If they could have strip-searched me they would have. The facility in Bethesda, MD is nice enough. I got “in trouble” for taking a long-sleeved shirt off (you can’t have extra clothes in the room) and for sitting with my shoes off at one point. They’re strict on the rules but professional and friendly.

OmniPrep. I paid the $495 for the OmniPrep course. Their study plan is almost identical to the one on this site – read outlines to understand the basics, take old exams, learn as much of the question bank as possible. I think this website actually does a better job preparing you for the test because you have more people participating and more frequent updates. I probably wouldn’t recommend Omni to anyone…the only consideration that might make me change my mind is if I was taking the exam after Oct 2nd – Omni just posted a 35-page summary of AIA that might be helpful.

Longacre. I thought the Longacre book was really helpful. I used it towards the end of my studying when I would realize I needed to improve a certain subject area (Appeals, Double Patenting, etc). At the beginning I tried to pick up Longacre without knowing anything about patents and just dive right in…that didn’t work too well.

Good luck to everyone.
-JLG

Reply

339 EFENo Gravatar September 1, 2012 at 12:15 pm

I have never posted on a website before but this website was extremely helpful to me and though i should return the favor as best as I could. I took the test on 8/27 and got my provisional pass. I received my official pass in the mail yesterday 8/31. I tried to remember as many questions as i could be here is all i have for the repeats..
——————————-
-Lamp flying saucer question (3 rings)
-147 claim counting question
-applicant asks that his application not be published. then he files in Japan and does not notify the uspto. App is abandoned applicant did not notify the uspt within 45 days however can make petition to revive
-Dead inventor question and who could file
-Attorney gets disbarred attorney and the question was what will not happen? answer was uspto make an ad litem appointment.
-Pct app is filed in US receiving office but in Japanese and assigns Japan only…filing fee paid. what is proper procedure? Filing date at US receiving office given but forwarded to international bureau with transmittal fee
-German patent attorney prepares the app but sends to US practitioner to prosecute. Applicant is issued. Afterwards information comes to light in regards to patentability. Does German attorney have duty to report? Yes
-Is submission of IDS after payment of issue fee allowed
-102(e) date for PCT applications. 2 variations to this.
————————
The test center was comfortable. as stated above they are very strict about no watches, pencils or anything else. just your id and you earplugs if you have them. if not they have headphones inside. I took it in NJ. I bought the PLI study at home course. the lectures and materials were helpful but i feel that the questions were easier than the ones on the prep exams and the real exams. Unfortunately i didn’t have that may repeats. about 15-20 max. The exam was harder than the past exams as there were far more pct and appeals than expected. also I prepared using a mac book and the search function in the exam was different and i could not search as efficiently and as many questions as i had prepared. Overall just trust your preparation. there will be repeats so go over all exams. there will also be some slight variations where prior questions will help. review pct and appeals, good luck to all and thanks to everyone who has added to this website.

Reply

340 LucasNo Gravatar September 1, 2012 at 7:35 pm

Hi EFE,

Congratulations to your pass! I have a minor question on searching MPEP?
Can you use Ctrl-C/Ctrl-V to copy key words from the question and paste them to MPEP PDF search window?

Thanks!

Reply

341 EFENo Gravatar September 4, 2012 at 10:47 am

Sorry Lucas can’t help you there. In my nerves i didn’t even consider that possibility which would have definately help. I know i tried using the Ctrl-F but it didn’t work. you actually have to click on the “find” button of the mpep window. I also remember that if you are looking up anytihng on the mpep you can switch back and forth and even close the window and when you open it again it will take you to the mpep section that you were looking at last. However if you go on to the next question it will reset your search in the mpep. A good idea if you move on for whatever reason would be to make a note on your scratch paper of which section you were looking at.
Lastly, i happen to be lefty and in the center where i took it they gave us a laminated sheet with a dry erase marker as scratch paper. This became a problem for me as a lefty because some of the stuff would erase as I wrote since for us the pen goes before the hand and the hand acted as an eraser before the ink could set.

342 JLGNo Gravatar September 4, 2012 at 11:59 am

Lucas,

I also didn’t specifically try the Ctrl-C/Ctrl-V on the exam, but I’m almost certain that it won’t work. The searchable MPEP requires you to use a mouse click to accomplish anything – its a separate software and not as functional as Adobe. As an example: you have to click a “Find” button to do a search, you can’t just hit Ctrl-F.

I found my searching on the exam to be noticably slower than I could achieve in the practice exams using Adobe.

Hope this helps,
JLG

343 WyattNo Gravatar September 4, 2012 at 7:38 pm

Also, there is only a “Find Next” button–no “Previous” option like in Acrobat. The resources for MPEP, KSR, etc come from a drop-down menu in the top center of the screen.

344 RobinNo Gravatar September 2, 2012 at 1:37 pm

Hi! Anybody can tell me what is the typical time for OTD to approve my application (category A)? And in chicago or nearby area, what is the current reservable date?

Obviously I am trying to get tested before the new law been tested. Oct 3rd, correct? Any idea how different it could be? And is there any review course that already started to cover that? Thanks very one!

Reply

345 JLGNo Gravatar September 4, 2012 at 12:05 pm

Robin,
I applied to OTD in June and it took about 3 weeks to receive my approval letter and instructions for how to sign up for the exam.
I think the question bank will change on October 2nd, not the 3rd. I think there’s potential for it to be VERY different with all of the AIA changes that take effect Sept 16th.
Good luck.
JLG

Reply

346 barexamNo Gravatar September 4, 2012 at 5:22 pm

Just wanted to confirm provisional pass is 70 or 80 out of 100?

Reply

347 Chris LoughnaneNo Gravatar September 5, 2012 at 10:53 am

70

Reply

348 Chris LoughnaneNo Gravatar September 5, 2012 at 10:53 am

For what it’s worth, I put all the questions from the October 2003 exam into a nice, touch-screen friendly format to help me study.

It’s free, no signup or anything, just hosting it on my blog. There are a couple typos and mistakes here and there, but they are obvious and haven’t prevented me from making advances.

Anyway, if you’re interesetd …http://www.pdnotebook.com/patent-bar-practice-exam/shuffle/

Reply

349 WTNo Gravatar September 5, 2012 at 10:13 pm

This is great, Chris! Thank you!

Reply

350 mazingaNo Gravatar September 6, 2012 at 5:26 am

Selling PLI Patent Bar Review Material from 2006 (Complete Set). I just used it to pass the exam 9/5/12.

mazinga87@gmail.com

Reply

351 DaVinciNo Gravatar September 12, 2012 at 3:00 pm

Is the reference material provided in the exam to search for KSR, Bilski type of questions? If so, does it come with the MPEP or how? Thanks

Reply

352 Joker16No Gravatar September 13, 2012 at 3:07 pm

When you take the exam you have access to the MPEP. You are able to view the various chapters, appendices, and a few supplemental additions to the MPEP. Two of these are short documents detailing the USPTO’s position on KSR and Bilski.
I believe you can see these documents now, they are located somewhere on the USPTO website. They are only a few pages long each, 5-10ish

Reply

353 DaVinciNo Gravatar September 14, 2012 at 5:28 pm

Thanks. It appears that the USPTO already upgraded the MPEP to version 9 (from E8R8 to E8R9), starting from August 2012. I could not find E8R8 and the new version E8R9 does not contain the Supplemental Docs (KSR, Bilski etc). I hope, somehow Prometric will show it.

354 barexamNo Gravatar September 14, 2012 at 4:11 pm

Hi,
I appeared on 12th Sep. Unfortunately I could not pass..I was concentrating on cramming old questions and rules but nothing worked for me. I am now thinking to take a proper course material and have focused study. As shortcuts did not work for me. Also, I did not have any legal background and literally zero knowledge of law and work experience. Questions I can recall are as below:

heneritta camera ques,
102(d) ques with alot of variations. there were nearly 3-4 ques on that and I was surprised how thoroughly it was tested.
eligibility enquiries of rule 101 for patent prosecution
question on electronic signature
102(f) rejections..like where do they stand
rapidity of product..
where can foreign application claim priority
1.131 affidavit where it can;t used..few options..
ques on checking effective filling date for some continuation application(706)
m/c or transfomation test ques..its like claim rejected on M-T what shud an applicant do?
query on product claim enquiry..few options given which one is not a product claim enquiry
secrecy order applied to an application what is the result
102 rejection questoins
calutaing total no. of claim..147 claim(ans)
combination and subcombination question..to check where can restrictionbe placed..I had to spend lot of time..therewere very minor difference..literally have to reach each option carefully and compare with the previous ones..to narrow down..and I am not sure which one was correct..
Japanese PCT aplication filing in US ..translation related ques on subject matter
how can one claim domestic priotity
Oath submission wherein one of the inventor not reachable..how should you submit
how to determine distinctness of claim
French application april 28,2002..turns French patent 2003then US app in April 2003..which 102 rejection examiner will use to reject prior art
claim covered range 5-10% A and 90-95% B.how a reference of 4.9% A and 95.1%B would be handeled
2-3 appeal question on board rejection
101 claim acceptance
missing abstract
ADS to correct wrong address
Que on multiple dependent claim…an easy one..one had to choose which one is not a proper multiple dependent claim
how many tables can be submitted on a CD. If tables are half page long ..and more than 100 in number..
Means plus function determining equivalence
Chemical invention claimed,bt spec does not include how to make chemical.Examiner rejects under 112. How would inventor respond

I can recall at this moment this much only. I will update soon as an when I come across any other ques.

Overall, I did not have good experience. Prometric computers were very slow and my system went off twice..I am thinking to appear in November, considering I do thorough preparation.Can any one suggest me what are the formalities involved in reapply. Is there any difference for re-apply?
Thanks

Reply

355 tappylilyiNo Gravatar September 17, 2012 at 5:37 pm

barexam, sorry to hear that. To reapply, just send in another completed application and indicate that you are reapplying to take the exam again. You have to pay the $240 again, unfortunately. Out of curiosity, how long did you study for?

Reply

356 TedNo Gravatar September 15, 2012 at 5:17 pm

My turn to give back to this great site.
I took the test in September. A friend of mine took it in August; said she had around 40 repeats. I would say I had at least 30, including:

Chemical Claim – knowledge of those skilled in the art overcoming 112 enablement/written desc.

India patent prep – no foreign filing license but possible export violation

Japan patent & no pub request – abandoned b/c over 45 days

Express Mail Label – what you need to get filing; the label is key, not the certificate. Covered in a couple MPEP paragraphs

Improper RCE on last day of 6mo results in abandonment

What can undisclosed assignee sign – small entity status

Potter – I had two of these – one asking for the right, and one for the wrong answer

Tommy & Jo

Inventor Brick/Block – the one about compound Y with 150 degrees and 300 degrees boiling point

Correcting wrong address on declaration for one of the 3 inventors – pick the wrong answer, and it was the one that said can submit a supplemental declaration that does not list all inventive entities (must list all 3 even if only one signs)

What can you fax – CPA

103(c) exclusion to 103(a) rejection where reference is only available under 102(e)

PCT – if only designates USA, will not be published by IB, but US will publish national stage

PCT Qn where national stage takes priority from both IA from Nov 29, 2000 and the prior national utility of Nov 28, 2000

Calculating PCT 102(e) date for app filed on December 1, 2000

Death of inventors after notice of allowance mailed – patent will be granted unless executors intervene

Sweden nationals filing IA in English in USA – not competent receiving office, but will get filing date and will forward to IB

Japanese national and USA resident filing IA in Japanese language in USA – also not competent receiving office b/c not in English, right answer is USA will forward app to IB once transmittal fee paid

Restriction Requirement – one where the answer is nothing twice/final rejected, and restriction requirement can only be petitioned to technology center director

PCT national stage – failure to get PCT national stage USA app on last day of 30 months by faxing national stage app and request to charge fee – dead application

Broom Handle Multiplicity – examiner will call

Piecemeal – all four situations listed valid from chapter 700

Copy of Oath – MPEP 500 – copies of oath encouraged and allowed

IDS – inventor discovers documents material to patentability after issue fee has been paid. Inventor wants documents considered, but does not want to pay for reexam. Answer is USPTO will accept IDS and file it, but will not consider. Only way to get IDS considered after paying issue fee is reexam/resissue etc – no way to do it in original app after issue fee paid.

Trade secret question – tricky one about procedure examiner uses to stuff in envelope. I think this was find the wrong answer, which was that stuff will remain sealed and inaccessible even if examiner relies upon it.

Fraud and inequitable conduct via 1.56 (I think) – only two situations where examiner will consider, either admission by applicant or judicial determination. Judicial determination was the answer. Other options were 3rd parties presenting proof of fraud, but this is not enough.

Design Patent priority bar – Qn about filing foreign design app on Feb 6, have until Aug 6 to file in USA. Verbatim.

Reply

357 tappylilyiNo Gravatar September 17, 2012 at 5:32 pm

Regarding the IDS after you pay the issue fee, I disagree that reexam/reissue is the only the way to get the USPTO to consider the IDS after issue fee has been paid. You can petition the USPTO to withdraw the application from issuing, citing that you have a reference that is material to the patentability of the application, and if the petition is granted, file a RCE (if it’s not a design patent) or a continuing application along with the IDS and all necessary fees. See Answer to Q 26 of the April 2003 AM exam.

Reply

358 PatentoPatentoNo Gravatar September 20, 2012 at 3:10 pm

You are correct, but if inventor does not want to pay for reexam/continuation, IDS just plops in the file.

359 TedNo Gravatar September 15, 2012 at 5:18 pm

New/newish questions
Duty to Disclose – Sally, patent agent from some other country, drafts application. Sally mails it to USA patent atty, who reviews app and files it. Sally later discovers something material to patentability after notice of allowance. Does she have duty to disclose? I said no b/c she was not involved in prosecution, and not connected to inventor or assignee. Other options were “yes,” “no b/c no duty after notice of allowance” “no b/c she is foreign agent and not bound by US law”

112 6th paragraph trigger other than “means for” – all three options given were valid verbs per the supplemental 112 guidelines

Third Party Reexam – “substantial question of patentability” where answer was all of the above because office will consider second reexam requests and requests from other third parties if appropriate

Proper way to make special under new rules for 66yo – see the supplemental pdf

Overcoming 102(b) bar – answer was amending component claim to a method claim

Qn about metal that has say 5-7% iron and 6-11% molybdenum. Examiner rejects because prior art lists metal with 5.5% iron and 8% molybdenum. How to overcome? Answer was amend to 9-11% molybdenum and now 102(a) rejection is overcome

Correcting foreign priority via reissue – two answer had all the pieces, but one added that you needed to submit translation of priority app, which is wrong because a translation does not need to be submitted when simply claiming priority in reissue

103 obviousness question – question asked which factors could be considered in obviousness, think the only answer was the one about rapidity (it was A, B, C, A &C, B&C)

Improper Declaration Qn – tricky one. Three joint inventors each submitted individual declaration that only has their name and only lists them as inventor. I think answer is improper b/c all three inventive entities must be listed

Assignment in Continuation (or reissue?) – Question asked which one was wrong. Wrong answer was that office carries presumption of no assignee if none listed in app. The actual rule is that office carries a presumption that assignee exists unless application explicitly states otherwise.

Had 3-4 questions related to CFR 1.131 affidavits – one was can it be used to overcome 102(a) bar or reference that is both 102(a) and 102(g) bar.

Qn where rejection was proper under both 102(b) and 102(d) under the facts

PCT amendment question. Applicant filed PCT, no request for preliminary examination. What can she amend and who will receive amendment? I think answer is can only amend claims, but not sure if only IB accepts amendment, or if can be sent to both IB and USA or ISA and USA.

102(b)/112 written description Qn – App discloses polymer with 25-60% molecule A. Examiner rejects under 102(b) due to several year patent that discloses polymer with 25% molecule A. Attorney amends claim to “at least 35% A;” Examiner rejects under 112 written description and again under 102(b). Atty amends claim to read “35-60% A.” What should examiner do? Answer is either (1) remove the 112 rejection but keep 102(b) or (2) remove both rejections. I have no idea why 102(b) remains, maybe because prior art claim seen as inclusive of 25% A or more?

Had another question similar to the Chemical Claim one regarding both written description and enablement, but prior art did not disclose how to make compound, neither did the specs, and skilled in the art would be unable to make without undue experimentation. App in question disclosed compound for treating depression, and had formulas for compound, but did not show how to make it. I have no idea what’s going on – hopefully beta

Couple questions on procedure after new rejection by BPAI – one asked what is process if applicant wants rehearing on only part of claims – answer straight out of MPEP, examiner will not get app back, something like that, but straight quote.

Appeal Qn – Claims 1-3 rejected and appealed. Applicant argues only 1 and 3, not claim 2. What does BPAI do: examine all 3, examine only 1 & 3; can applicant separately later appeal only claim 2?

I think I had more than 10 appeal and reexam questions. 6-7 PCT questions, maybe 10 obviousness/KSR – some of these had to be beta questions. Don’t recall any Bilsky. One half of the exam was much easier for me than the other.

Strategy – I listened to a 2010 PLI course, did the 2002-0303 exams twice, went over all the new and repeat questions on this site. Did Mambo’s tests, but his questions are all from either 2000-2001 repeats or the 2002-2003 tests, but mixed around so it was helpful. I found Jon White’s explanations very helpful, but would have failed if not for this site and the old exams. For the first 50 hours I think the PLI material is solid. Probably put in 120-130 hours total. Did not read MPEP. Read the supplemental materials.

Exam – I found the MPEP version available easy to use. Sidebar links to the specific sections in each chapter for each section. I relied on the subject matter index pdf a lot. Supplemental materials kept in separate section. You can move the pop-up MPEP screen around to look back at the questions without closing it. I preferred to go through all questions and then go back and work through the MPEP on the stuff I did not know. Good luck.

Reply

360 AMJAYNo Gravatar September 19, 2012 at 3:40 pm

Question for recent test takers:

Have you noted any questions relying upon the supplementary materials covering new ex parte appeals rules? This is the only supplemental document I have not yet read thoroughly, and I’m wondering how much weight to give it. Or, can the appeals questions be covered by what is committed to memory, as well as searching within MPEP 1200?

I take the exam within a week and am ready to go. I have gone through all the old exams and practice/repeat questions on this site, including the 2002 and 2003 exams twice. I have also spent considerable time thinking about the new questions reported by users here. The only MPEP chapter I read in entirety was 2100, though I did read important sections (about half) of MPEP 1800 and do slow skims of 600 and 700. In all, I have probably spent 150-200 hours preparing and generally got around 80-90% on all the practice/old exams the first time through. I’m hoping this means I will be successful, but the prospect of unexpected fact patterns and new rules being “over-represented” still lingers somewhat.

Regardless of outcome, I will try to visit the site and post any recognized questions, as well as describe my experience. Thanks to you all.

Reply

361 StoneNo Gravatar September 19, 2012 at 8:23 pm

I took the exam on August and passed. 2 KSR questions and 3 appeal questions but not from the supplemental. There were not too many repeated questions (totally about 15). Most questions I need to understand and use what I learned to answer. There are pressure in dealing with these questions but I felt comfortable in general. The questions on this site helped a lot in knowing and understanding what are the points.
I think you are well prepared and will pass. Good luck to you

Send me emails if you need some info stone.c.wang@gmail.com
Knew the pain and glad to help

Reply

362 PatentoPatentoNo Gravatar September 20, 2012 at 3:14 pm

I had a bunch of appeal questions, but I relied on the supplemental document and not the MPEP maybe once.

363 CUL8erNo Gravatar September 23, 2012 at 10:09 am

Just want to say thank you TED for the post! I passed!
All the questions you listed were on the exam. Wow, what a crazy test…

Reply

364 KingNo Gravatar September 24, 2012 at 10:10 am

Same response as CUL8er. Passed it yesterday and probably had the same test.

I failed in August by 2 questions, but didn’t check this site until the night before, and only half assed the PLI take home (listened to DVDs, but never did the homework or tests. Lazy fool, yes I was.) I was 90% confident I wouldn’t be able to register and sit for the exam before 9/26, the cut off before they go live with AIA questions in Oct. But there was a last minute opening in my area so I was able sign up the day before. With only about four hours to study (didn’t think I was taking it until Dec again so I didn’t look here since the last test), I crammed only old questions from Mambo 5’s 4 exams, and focused heavily on Ted & Adios’ posts. >50 questions were auto answered from their posts. Thank you!!

Good Luck for those taking it in the next 2 days. For those taking it after Oct 1st, I will pray for you.

365 AdiosNo Gravatar September 21, 2012 at 5:12 pm

Just completed the test… Prelim Pass!

This website helped big time, so here is my input….

Questions:
Submitting Tables on CD (No not long enough)
Cost Rica PCT
Death of Inventor (Barb and executor steps in until XYZ intervenes)
Chemical Claim
Indefinite Claim using High
2 Potter questions (One variation?)
Terminal Disclaimers
Lots of Ex Parte
Claim for priority (4/16 months)
Linking claim question
Combo/Sub combo question
Petition a Patent? Picked you can’t petition a patent only application
Encoded Signal (Not sure completely on this due to recent case)
Bilski Question
102(e)
1.131 and 1.132
Moon dust
Missing Drawings in a PCT

Relatively New Stuff
Rapidity? Couldn’t find it at all

Applicant introduces new matter into spec
Claim 1 was already allowed but scope changed as a result of the new matter Claim 2 was rejected within the office action
How should Examiner reject?

Question for Bilski on claiming abstract idea

Laundry question involving a man using KSR to show that his laundry has been super successful since to overcome 103

Lots of look ups

My Advice: Just make sure you know the past exam questions on this website, the one’s people discuss, and be ready to look up some random chapters… Not too bad overall though

Reply

366 MaxNo Gravatar September 21, 2012 at 9:19 pm

Congrats adios!

I’ve read about a recent question about outsourcing to India, possibly outsourcing patent work to India?

Does anybody know about this one?

Reply

367 tappylilyiNo Gravatar September 21, 2012 at 9:29 pm

Max, outsourcing to India is unlawful and violates export laws.

Reply

368 AMC EagleNo Gravatar September 25, 2012 at 4:10 pm

Just took the exam, prelim pass.

Primarily used 2010 PLI materials, past exams and this website. I also read the guidance documents for 112, appeals, inter parte, KSR and Bilski.

I was very familiar with past exam questions and was able to answer half of the questions immediately (and be confident that they were correct). It seems like there were a pile of repeats. The others I either to at least another reread or look up on.

Ted’s posts were unbelievably helpful. Thank you.

It wasn’t too bad, but it wasn’t easy either. If you generally understand the material, know the past exam questions cold (including why the right answers are right and why the wrong answers are wrong) and have spent sometime thinking about the newer stuff you should do well.

Good luck to everyone.

Reply

369 Ramblin WreckNo Gravatar September 25, 2012 at 4:49 pm

Just took the exam and glad to have gotten my prelim pass.

Things to know for the exam:
– Understand the patentability sections pretty well – a majority of the questions come from these sections. A lot of questions were from 101, 102, 103 a/c, 112.
– Know the priority statutes – 119, 120. Few questions here – mostly old questions.
– A lot of questions were based on the PCT – some old and some new.
– KSR, Bilski – understand generally; about 5 questions from these two – I was able to eliminate wrong answers easily.
– Ex parte appeals – these were pretty difficult; but then again I didn’t read any of the supplemental materials and just did searches in the supplemental materials. I would say there were maybe 4-5 questions concerning this matter
– Old exams questions – 40+ questions from old exams. I cannot stress how awesome it was knowing these questions. Not only were they the same questions, the answer choices were arranged in the same way as well. Know these cold because they buy you time on questions that you need to do look ups for.

Exam structure – the morning section kicked my butt and it had maybe 5 repeats on it. I had to look up almost all the questions on this section. The afternoon section was loaded with about 35 + repeats (moon dust, potter, sally/jo/tommie, and many more were there). I was soaring through these without any problems. As mentioned above, the repeats were verbatim from old exams.

Preparation: I used the bullseye materials (total cost is only $30). The outline and quick 102(e) and PCT references were solid. I did not read the MPEP at all. However, for each chapter covered in the outline, I did the corresponding test questions from the 2002-2003 years (bulls eye provides this break down). I am in law school, so have been spending time learning KSR, Bilski and Graham, so didn’t bother with the supp materials for these. I read an outline for ex parte appeals and inter parte review. I did not read any of the supplemental materials and I think that was good in the long run, considering that there were only 5-7 questions covering these materials. I only spent 2 days looking at this website and that was biggest regret.Some of the questions mentioned from posts in the prior months were there on the exam. I had looked at these so had some general idea, but if I had spent a few more days looking at old posts, I think things would have been easier. I spent 3 weeks for this exam, putting in 3 hours per day and that worked for me

I will try to remember the questions over a 6-pack and will come back tomorrow. In the meantime, GOOD LUCK to everyone taking the exam, in time to beat the October 2 date.

Reply

370 Ramblin WreckNo Gravatar September 26, 2012 at 3:24 pm

http://www.pdnotebook.com/patent-bar-practice-exam/shuffle/

I used this website – really good to review all the repeat questions.

Plus I recommend trying to practice on the computer when taking exams – I found that I was a lot more comfortable taking the exam having done it in that setting before.

Also note about the software – you can’t use CTRL+F or Atl+Tab functions. So if you are practicing on your computer, use your mouse do things.

Reply

371 DaVinciNo Gravatar September 26, 2012 at 5:08 pm

Can a minor inventor sign an oath/decl, even if he understood the document?

Reply

372 Da-daNo Gravatar September 26, 2012 at 7:33 pm

Hi Test Takers,
I took the exam on 9/22 and preliminarily passed. Here are my two cents on the exam and preparation.

Exam
The exam was quite a bit harder than I anticipated. I had less than 10 questions that were verbatim from past tests. The rest were either variations or completely new questions.
Repeats: copper substrate, synthetic z, small entity fee, tribell, claim counting, PTA, Potter, Lip Gloss, Non-publication/45 days
Appeals Q;s: a lot, maybe 15. I recommend reading chapter 1200.
PCT: maybe 5 (e.g., calculate the 30 month deadline)
New material: Track 1 (filing requirements), Bilski (signal is not patentable), KSR (rationales for obviousness)

Prep
I used the PLI take-home course. I studied for about 4 months. Only on weekends during the first 3 months and then everyday for at least 3 hours (6 hours on weekends) during the last month. I did the 2002 and 2003 tests twice. Had them pretty much memorized. Sadly, I discovered this site only a week before my exam. Get real proficient at searching the MPEP.

Test site
My computer crashed when I pressed “enter” while searching the MPEP (another person on this site also had that problem). Everything else was fine.

New Exam
The patent exam will not be available from 9/25 to 10/2 while they upload the new AIA test questions into the Prometric computers.

PLI material
I am selling my PLI material. I bought it in June and recently just received the AIA supplement. So, it is up-to-date. Let me know if you want it.

Good luck!

Reply

373 Da-daNo Gravatar September 26, 2012 at 7:34 pm

forgot to include my email: trubadeaux@gmail.com

Shoot me an em if you have questions about the exam or prep.

Reply

374 Done and DoneNo Gravatar September 27, 2012 at 12:58 pm

Prelim passed on 9/24/12. Thank you so much for this website. I basically did 4 or 5 of the most recent tests on paper (2001-2003) to get my timing down, and did the repeats on here twice over. BFusions(sp?) materials are also worth buying, if you are still worried. I crammed those the night before and during the 60 min break. Saw 25-30% repeats. Good luck to all.

Reply

375 lawstudentNo Gravatar October 1, 2012 at 6:45 pm

Will someone please help me understand why A is the corret answer from Oct 15 pm Q#35. see below:
35. The sole claim in an application filed by A and having an effective filing date of June 5,
2002, recites an electrical signal amplifier comprising a plurality of germanium transistors
connected together in a particular configuration. The claim is rejected under 35 USC 103(a) as
being obviousness over a primary nonpatent reference publication (Reference P) in view of a
secondary nonpatent reference publication (Reference S). Reference P has an effective date of
April 3, 2002, and names A and B as the authors. Reference S has an effective date of
December 10, 2001, and names C as the sole author. Reference P discloses an electrical signal
amplifier including a plurality of silicon transistors connected together in the same configuration
as that set forth in the claim. Reference S discloses a signal amplifier employing germanium
transistors connected in a configuration different from the claimed configuration. The applicant
does not deny that the references render the claimed subject matter prima facie obvious. Which,
if any, of the declarations under 37 CFR 1.132 set forth below should be sufficient under the
patent laws, rules and procedures as related in the MPEP to overcome the rejection?
(A) An uncontradicted declaration by A asserting that the subject matter relied on by
the examiner in reference P constitutes A’s sole invention, with the result that
Reference P is not available as prior art against the claim.
(B) A declaration by A asserting that “the claimed amplifier has satisfied a long-felt
need in the art.”
(C) A declaration by A and accompanying copies of competitors’ advertisements
which conclusively show that those competitors have exactly copied appellant’s
commercial embodiment of the claimed amplifier.
(D) A declaration by A and supporting documentation establishing that ever since the
filing date of A’s application, sales of the commercial embodiment of A’s claimed
amplifier have consistently constituted ninety percent or more of the relevant
signal amplifier market in the United States.
(E) None of the above.

Reply

376 lawstudentNo Gravatar October 2, 2012 at 1:59 am

I answered my own Q

Reply

377 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar October 1, 2012 at 7:29 pm

Wow. I think I screwed up! Did not know of the AIA deadline, have my test scheduled for 11/26. Not good. Also, bought a used PLI set w/a2012 copyright thinking it’d cover 8.8. No AIA update provided. I’m screwed. Does anyone know of a good AIA supplement to reccomend? Certainly won’t be getting one through PLI. I wish I’d checked out this site well before signing up for the test when i did. What should I do???

Reply

378 Mr. AzulNo Gravatar October 1, 2012 at 8:38 pm

Mr. Creek

Please do not panic. You are not alone. My opinion is that Post AIA the new reality is that that NO ONE CAN PASS THE EXAM ON THE FIRST TRY whether you take the expensive patent exam review courses or not. Save your tuition money and use it to take the exam. It’s a new exam and will have a whole new set of questions. It is not an IQ test, but a long deductive process.
Smart folks fail the exam all the time, and normal folks who do not give up and are persistent eventually will pass it. No one except the OED knows how many times you take this exam. The process I expect to become the “new normal” is to take it at least five or ten times, and therefore the question pool becomes known by the exam veteran through their own experiences, at least for the next year or so. The exam post AIA will eventually be sorted out and the question pool will eventually become known, though this will likely take at least two years, either through this site, or through debriefing by the exam preparation courses of their students each time they attempt the exam.
My only suggestion if you want to pass this exam in the next two years post AIA is to simply take it several times as much as a learning experience as anything else, making the trip to the USPTO to review each version of your previous non-passing exam to review the questions you missed. Eventually folks doing this process will learn the new questions and eventually will pass it.
Do not expect the OED to care about difficulty of the exam. They absolutely do not. The USPTO would just as soon not have any more work than they currently have and this new exam works for them to greatly limit the number of registered agents and attorneys, and the corresponding work load each registered agent or attorney will eventually create.

Reply

379 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar October 1, 2012 at 11:50 pm

Mr. Azul,
Thanks for the discouragement.
Mr. Creek

Reply

380 Mr. AzulNo Gravatar October 2, 2012 at 12:01 am

I meant it to encourage you. You WILL PASS, but the games changed. Just stay on task and work the exam strategy as best you can. Its a new exam, thats all.

Reply

381 newlawNo Gravatar October 2, 2012 at 11:37 am

The majority changes are in 600, 700, and 2100. There is a new version of MPEP e8r9. You have to reread those chapters. If you take exam prior to AIA-final phase 4/2013, approx. 10-15 new questions AIA. After that, I predict more than 40% will be new. I am preparing new flashcard in according new changes in patent law. It’s free to use if you have iphone/ipad. Go to flashcardexchange.com and search for patentbar.

Reply

382 AIAhhNo Gravatar October 2, 2012 at 1:50 pm

Mr. Creek – This is just a thought… Since these are the first test takers with the new exam, the new questions might be all beta (not counted towards a pass/fail grade). The PTO could of course test them in-house before hand, but I think there’s a good chance they will be beta questions. This means all the old material will count and the new won’t! (again, this is just a guess since none of us know what the pto will do)

Just check back on this website in the coming days and weeks and see what people are reporting. If people are only reporting 10-15 new questions, they must be beta questions. In that case, take the exam asap.

Reply

383 Mr. AzulNo Gravatar October 2, 2012 at 8:25 pm

Typically there are ten beta questions out of the 100. If the new Phase II AIA section questions are rolled out as betas (we do not know if this is the case) then the KSR – 103, Bilski and “Old AIA” would be live questions and questions derived from the listed six PTO documents that would be added to the Exam on October 3rd would then be beta questions. There is no certainaty that is how the “new” exam will be set up, but this seems plausable. Another issue is how long will it take for the Phase II AIA question set to go from beta to live questions? There is a logical reason that early tests at least might have more Phase II AIA questions rolled out as betas so the OED can develop a statistical profile for grading the new questions, culling out those that no one can answer or the ones that everyone can answer. The real challenge is that during exam conditions no one will really know which questions are betas and which are live questions and spend too much time trying to search for a viable answer to a problematic beta question.

384 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar October 2, 2012 at 10:37 pm

Thank you AIAhh — I’ll pray so. And I’ll check back here often.

385 PatentBarCrazyNo Gravatar October 2, 2012 at 8:40 pm

Hi newlaw.

Thanks for your advice re focus of changes in 600, 700, 2100. I will reprint & read those sections. If you had a copy of your flashcards I’d appreciate a copy (particularly wrt the latest changes). I’d be happy to swap for my notes & aids. I sent a message to you in FlashCardExchange.com (I think it’s you – the only user with “patentbar” cards!) .

Thanks & Good Luck

Reply

386 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar October 2, 2012 at 10:26 pm

Thank you — you are awesome! I just tried and the card set is marked “private.” I’m hoping you are correct on the # of questions new. I’d been studying heavy for a few weeks and just was dispirited when I read the deadline I’d missed. It’s stupid. Should’ve done this a year ago.

Reply

387 newlawNo Gravatar October 2, 2012 at 11:48 pm

I just reset to public. It should be available now. I just updated few AIA changes. Still reading stupid supplemental examination provisions. I went to AIA implementation presentation last week and had some materials handled out by the USPTO. I will post them changes to my flashcard later. Any one takes the exam soon? I plan to take by the end of this month…..second time. Spent three weeks studying and as a result….got 65 first time on 9/24. Missing 3 stupid questions to come to haul my ass studying again.

388 Mr. AzulNo Gravatar October 2, 2012 at 12:12 pm

Thank you New Law.

Reply

389 gotta get through thisNo Gravatar October 3, 2012 at 3:34 pm

Hey guys,

Anyone take the latest exam after October 2nd? Any idea what questions went up? Also, were there any question on POST/PRE SEPT 16th 2012 changes?

In terms of Bilski and KSR, how often are those showing up? Thanks!

Reply

390 Lisa M.No Gravatar October 3, 2012 at 7:20 pm

I will do a bigger brain dump soon, but I wanted to briefly let anyone who is taking the “new” test in the next week or so know you do NOT need to panic! I took it today (October 3) and am very pleased to report the new material is constrained to only 10 questions, most if not all of which are easily identifiable due to conspicuous dates (e.g., Sept. 16, 2012, dates in the future, etc.) or give-away terms (e.g., inter partes review). It would appear the PTO has not abandoned their new-questions-must-be-beta-until-we-statistically-analyze-them policy. So, for the first several days or weeks–however long it takes for them to get enough stats to determine what betas go live–it is my belief that you don’t actually have to know ANY new material to pass or even to get a perfect score. The 90 questions that are scored are all old material. Furthermore, if you pay attention to the dates and identify the betas, it appears you actually can safely focus on just the 90 questions that you know will be scored. That actually makes the test EASIER than normal, since you can avoid wasting time on 10 non-scoring questions. Of course, it’s hard to say how long this will hold true (and I obviously can’t swear it’s true since they didn’t state they were beta, so please don’t treat this post gospel!), so I’d be nervous with that strategy too far down the road. If your date is in the immediate future, though, I wouldn’t stress.

It is also my understanding that each question in the PTO database is given a “difficulty score” or something like that. The questions you see on your test–which is unique to you or perhaps a subset of test-takers and not the same one everyone else on the same day takes–are psuedo-randomly selected from that database. I say “psuedo” because they do select in such a manner that your total difficulty score is within a given acceptable “total difficulty” range for the sake of normalization. So, you won’t get all 10s while your buddy gets all 1s. Basically, if that’s all true, what I hope that means is that when the test goes live, they’ll be balancing out some of the higher difficulty new material with new material gimmes (I had one today that simply related to knowing that the Oath/Dec no longer requires “original and first” statements and citizenship) as well as some easy novelty, obviousness, etc. questions that we all know from the old exams.

Reply

391 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar October 3, 2012 at 11:23 pm

Lisa M — thank you so much for your insight! I’d been getting so down about it my unfortunate test date. Full speed ahead!!

Reply

392 Mr. AzulNo Gravatar October 4, 2012 at 12:20 am

Lisa:

This validates that the ten beta questions are currently the new Phase II AIA section questions are rolled out as betas. The repeat window is closing, but at least still open!

Reply

393 SeattleIPNo Gravatar October 3, 2012 at 9:10 pm

Just took the patent bar today, 10/3/2012.

Failed. 66%
Was tough, about 5 repeats in AM and 10 or so in PM. How wonderful it was… thank you for the website!

MANY questions on Appeals
MANY questions on Obviousness
5 or so on PCT
5 or so reissue
1-2 Bilski
3-4 KSR

Going to take another run at it soon.

Good Luck All!!

Reply

394 gotta get through thisNo Gravatar October 4, 2012 at 12:25 pm

Hey Lisa,

Can you remember any of the questions that came up in your exam, specifically? Also, it looks like the REPEAT questions rate is diminishing…this indeed is sad but how many Repeats did you have?

And Mr. Seattle IP, do you remember which questions exactly with regards to Appeal/Bilski/KSR showed up?

Thank you guys!!!

Reply

395 Lisa MNo Gravatar October 5, 2012 at 12:17 pm

Sorry for the delay. I believe I’ll be able to get a post done tonight regarding repeats–at work right now, unfortunately! In short, though, do keep studying the repeats. I probably had 15 questions I recognized. Basically, nothing’s really changed on that front from how it’s been the last several years. Focus on 2002, 2003, and what you see listed here, and you’ll get plenty. I personally didn’t look at the older exams at all beyond what is identified above for repeats, so I can’t say one one way or another whether it’s worth looking at those exams in their entirety. Also remember that it’s not just a matter of memorizing: if you know the subjects matter itself from the 2002-2003 exams, you’ll be well on your way to passing.

Reply

396 Mr. AzulNo Gravatar October 5, 2012 at 12:50 pm

Lisa;
You are providing us a real service, and its appreciated! I hope you were able to pass the exam!

I am working from the assumption that I will not pass it on my first attempt, and am planning on taking it in about two weeks, then immediately reapplying, going back to the PTO to review my old exam, and then taking it within a week of being given my new authorization. I am an average working engineer, and by no means as scholarly as most of the folks on this board, but I have been through the USPTO process several times as an inventor (I have several inventions in beer & spirits distillation and processing arts as I have a side business as a micro brewer/distlller of beer and specialty liquers.). My patent agent and I are old friends, and have worked togther on my inventions over the years and he suggested that I get registered. (sounds like a fact pattern for one of the questions, I know) Guess I will have to stay sober at least until I pass this exam!

397 gotta get through thisNo Gravatar October 4, 2012 at 12:32 pm

And is studying the 2002/2003 exams still beneficial? I mean looks like new things are rolling out and emphasis on certain specific chapters like appeal seem to be a focus.

Reply

398 Mr. AzulNo Gravatar October 4, 2012 at 2:01 pm

gotta

For what its worth, I am still working through the 2002/2003 exams taking each exam by timing myself and under exam conditions, knowing that the questions may not be repeats going forward, but they will be from the same sections of the MPEP. It seems crazy, but I actually set out a set of exams with a clock and take an AM session, take an hour break, then take a PM session, and only after the full seven hours, i spend the whole next day grading my answers. I expect I will need years of therapy or a very long vacation to recover from this strange ordeal…I figure even though, as you correctly observed, there are fewer repeats, the next generation of questions will still fall out under these same MPEP sections. This helps with learning how to quickly search the MPEP, which is what seems to be a basic requirement to pass this exam.

Reply

399 gotta get through thisNo Gravatar October 4, 2012 at 3:14 pm

Mr. Azul,

I guess that is what I have to do. Thanks.

Reply

400 gotta get through thisNo Gravatar October 5, 2012 at 5:12 pm

Also, quick question.

It seems that Inter Partes Reexamination is discontinued as of 9/16/2012. Do we still need to know it for the exam if we are taking it in late November?!

Reply

401 Mr. AzulNo Gravatar October 5, 2012 at 6:14 pm

I would suggest you know the following taken from the Fed Reg.:
***1. Inter partes reexamination requests
filed prior to September 16, 2011: With
respect to any inter partes
reexamination proceeding for which a
request has been filed prior to
September 16, 2011, the SNQ standard
is applicable in determining whether
the request for inter partes
reexamination will be granted.

***2. Inter partes reexamination requests
filed on or after September 16, 2011, but
before September 16, 2012: With respect
to any inter partes reexamination
proceeding for which a request is filed
on or after September 16, 2011, the
‘‘reasonable likelihood’’ standard is
applicable in determining whether the
request for inter partes reexamination
will be granted.
***3. Inter partes reexamination requests
filed on or after September 16, 2012:
With respect to any inter partes
reexamination proceeding for which a
request is submitted on or after
September 16, 2012, the Office cannot
grant, or even accord a filing date to, the
request. The inter partes reexamination
provisions of 35 U.S.C. chapter 31 are
not available for any request for inter
partes reexamination submitted on or
after September 16, 2012.

And of course the following change:

*****”Section 1.915: Section 1.915 is
amended by revising paragraph (b)(2) to
replace the SNQ standard for granting
reexamination with the ‘‘reasonable
likelihood’’ standard. After ‘‘citation of
the patents and printed publications
which are presented to provide,’’ the
language ‘‘a showing that there is a
reasonable likelihood that the requester
will prevail with respect to at least one
of the claims challenged in the request’’
is added in place of ‘‘a substantial new
question of patentability.’’”

This is where any Inter Partes Reexamination are likley to come from, and its a perfect area for them to use due to the recent changes.

Reply

402 GelNo Gravatar October 5, 2012 at 7:41 pm

Hi guys,

I just want to thank everyone that made this site and has contributed to it.

Maggie, Sol, etc., if you’re reading this, I really thought your comments and analysis were very insightful. Thank you for contributing.

I took the test today and got about 10 repeat questions and about 10 questions on the AIA, including inter partes review, post grant review, etc. Everything you could learn from the .pdf’s on the USPTO website and they’re on the supplementary materials.

The new materials were pretty straightforward, there was one question on the inventor’s oath or declaration (basically the client thought the practitioner made a mistake in their declaration as to the citizenship and inventor oath, but under the new AIA rules, those were no longer needed).

I passed. I did minimal studying. About two weeks, intermittent studying for no more than three hours at night after work, not very focused. I took the 2003 October AM and PM exams, and the 2003 April AM exam using the Catprep software. Then, I just reviewed the Exam Questions and Concepts and the Repeat Questions and the comments to each on on this website and I was good.

This website is awesome. Thanks again!

Reply

403 gotta get through thisNo Gravatar October 5, 2012 at 8:25 pm

Mr. Azul, perfect! Thanks.

Gel, what questions did you see the most of Appeal? Reissue/Rexam? PCT? Thanks and CONGRATS.

Reply

404 Lisa M.No Gravatar October 5, 2012 at 10:59 pm

I found it useful when I got started to hear how people studied in relation to what their backgrounds were. So, briefly: B.S. mechanical engineering, Ph.D. biomedical engineering. No law school. Worked as patent analyst with a really superb partner teaching me the ropes for 1 year, 4 months before taking the exam so had a nice head start on the “real life” stuff. Studied an estimated 80 hours over 2 1/2 weeks (3 weekends + 3 or 4 hours each work night in between.) Primarily used Bullseye; supplemented with PatBar for 1200, 1800, and newer stuff like Bilski and KSR. Reviewed 2002 and 2003 questions and this site.

Now for the repeats I think I had (it can become hard to remember if you actually had it or if it’s just looking familiar b/c you studied it, so I probably didn’t quite have all of these!):

* Restriction requirement: give specific reasons for traverse but still elect something (April 2000 AM #9)
* Smith’s laminate: consisting of is limiting; comprising is open ended (April 2000 AM #17 variation)
* Tommie and Jo: OK to add claim 20 back in b/c it was in the parent; OK to have Tommie and Jo as joint inventors; can’t reject under 102(e) or double-patenting; answer is “Statements (A), (B), (C) and (D) are each incorrect.”
* Don’t need Court permission for reexam request: Which is true? Answer is “A person being sued for infringement may file a request for reexamination without first obtaining the permission of the Court in which the litigation is taking place.” (April 2000 AM #47)
* Court finding of invalidity is binding: Can’t remember which way it went, but know that validity is not binding but invalidity is. (I picture an “invalid” or injured person having a broken arm “bound” to remember this easily.) (April 2000 PM #19)
* Prior art stuff for abandoned, cancelled, etc.: Answer is “Matter canceled from the application file wrapper of a U.S. patent may be used as prior art as of the patent date.” (October 2000 AM #16)
* Using 37 CFR 1.131 to “swear back”: none of the scenarios are correct (October 2001 PM #46; October 2002 AM #6)
* Inspection of assignment documents: Cannot inspect “Copy of assignment record relating to both a pending patent application and an abandoned patent application not published under 35 USC 122(b).” b/c the pending one has not yet published. (October 2002 AM #21)
* Potter and Smith: ” A reply that properly states that the invention of the Potter application and the Smith application were commonly owned by ABC Company at the time of the invention of the Potter application.” (April 2003 AM #12)
* Japan 45 days: application abandoned b/c nonpub request and notice of foreign filing were not filed w/in 45 days of Japanese filing (October 2003 AM #44)
* Cannot cure failure to designate PCT contracting state by fax (October 2003 PM #4)
* Mr. Beck and mixture Y: argue that Y has unexpectedly low melting point, support with affidavit showing that Y made by the other process has high melting point (October 2003 PM #13)
* After appeal, Board affirms rejection of claims 1-6; claims 7-10 had been (prior to Appeal) objected to as being dependent on a rejected base claim: Examiner should abandon the application since the Board affirmed rejection of independent claim 1 (April 2003 AM #37)
* Bloc and Synthetic Z for Cancer: “(C) File a reply arguing that whether or not a cure for cancer is incredible is superfluous since Bloc has disclosed another utility – alleviating pain, which is not incredible.” (October 2003 AM #7)
* Small entity fee: don’t get to reduce by 50% for “documents relating to title” (October 2003 AM #13)
* Tribell’s lipgloss: (A) Tribell should file a reissue application under 35 USC 251 within two years of the issue of the patent, broadening the scope of the claims of the issued patent. (October 2003 AM #16)
* Late IDS when client knew of prior art for a long time: What is not OK? “(A) Before paying the issue fee, timely file an IDS citing the reference, along with the certification specified in 37 CFR 1.97(e), and any necessary fees.” b/c the 1.97 statement would be a lie. (October 2003 AM #34)
* Inventor Tip’s moondust: “There is no duty to disclose information regarding how the moon rock formulation was developed to the USPTO.” (October 2003 PM #6)
* Design patent filed in country X: They try to confuse you by having it issue on the same day it is filed. All that matters is that you have 6 months (not 12!) from filing. (October 2003 PM #7)

I will try to post some other things I remember on the current questions board.

Reply

405 gotta get through thisNo Gravatar October 6, 2012 at 11:16 am

Hey Lisa,

That is incredibly helpful. I’m a B.S. in Mechanical too! Don’t have an MS or a PhD but not planning on going that route, hopefully Law School though. The next steps are to find a job in this field as a Patent Analyst or something lol but anyways, first gotta get through this and I appreciate the help. You rock!

I’m taking the exam in late november so I hope it doesn’t change much with the exam you just took.

Reply

406 Oct052012 TestNo Gravatar October 6, 2012 at 3:45 pm

Hi all,

I took the exam yesterday and miraculous passed. i was SO SURPRISED, because I was totally not expecting to pass. I debated doing a no show, but I figured, i should take it since I paid for it–I am moving to Geneva Switzerland in a few days for 3-6 months so it wasn’t possible for me to reschedule. I hadn’t been able to study much at all, just put in 1.5 days going through 2003 exam questions. I must qualify: I took every patent law course offered at my law school, including patent prosecution, and I also interned at the PTO one summer where they put us through examiner training, so I was definitely thankful that I retained some info. Enough about me. Here’s what you want to know:

Definitely worth looking at 2003 exams and the repeats listed at the top, especially the ones with *. I only had time to really memorize the 2003 exams, and the morning of the test, I looked through the repeat questions with * listed above. The rest, I guessed or looked up in the MPEP. I can’t really tell you all the ones that were repeats, probably because I am not TOO familiar, but there were definitely at around 20 or so. If you know the CONCEPTS tested in the both of the 2003 exams, I think you are pretty well off. There were about 5-7ish question on the new law. As commented above, I believe they were likely beta questions. Most dealt with post grant review–know the 9 month window, when you can use post grant review v. inter partes review. Know what you can challenge under both. There may have been one question that required you to know what qualified as prior art under the new law in order to arrive at the correct answer. But they were pretty easy to look up in the reference material they provided—familiarize your self with the published fed. reg. on this.

There were definitely a significant # of repeats from 2000-2003, so those are still good to study from! Here are some that were on mine:

-Jones examiner interview
-US App w/ nonpublication, then later filing a japan app that gets published–what do you do—answer is A
-Jones/smith
-company xyz
-laminate
-inventor bloc
-small entity fee–not reduced for recording
-trade secret
-Inventor Tip moon dust
-IDS–inadvertently left out–what to do if Notice of Allowance was already mailed
-Reexam extention of time-
-Tribell
-Design Patent in Country X
-Beck–Melting point 150F
-Toy plan with foil wings
-RCE during appeal
-correcting B inventor address
-Door handle (?–maybe, can’t remember for sure)
-restriction Group 1 and Group 2 –reply distinctly point out detailed reason and elects Group2
-can appeal after 2 rejections, regardless of whether it’s final rejection
-compound Y cancer cure
-abandoned as PA
-don’t need court’s permission to request reexam

-a TON of PCT question–especially dealing with filing dates–also know filing date is when all the required docs are recieved
-lots of reissue question–know what is required to get a filing date for a reissue exam
-means plus function–know what language triggers 112 6th paragraph
-several questions on 103(a)/103(c)/102(e) and how they all work together–i think most of these were repeats
-inventor dead during prosecution where there has already been an assignment
-best mode–need not to be specified as “best mode” just as long as it’s disclosed in the spec

Let me know if you have questions!

Good luck everyone, you can do this!!!

Reply

407 Lisa M.No Gravatar October 6, 2012 at 5:33 pm

Ahh, the inventor dead one was on mine, too. I’d forgotten. I believe the answer was along the lines of the heir being able to move forward with prosecution until/unless the assignee (it was assigned a day before the inventor died) intervened. I had the “no need to specify that it’s best mode” thing, as well.

Reply

408 gotta get through thisNo Gravatar October 6, 2012 at 9:16 pm

Lisa and OCTOBER TEST. You guys rock. Thanks!!!

Reply

409 FeelingYourPainNo Gravatar October 8, 2012 at 11:13 am

Thanks for all the great information and advice. I’m taking the exam tomorrow. I’ll post what I can remember afterward.

Reply

410 WyattNo Gravatar October 8, 2012 at 6:36 pm

Thanks, guys, for the updates on the new test. How did you all prepare and study for the new AIA material? Also, are all the AIA pdf’s available in the drop-down menu just like KSR, MPEP, etc? Thanks, again.

Reply

411 SoCloseNo Gravatar October 8, 2012 at 7:15 pm

Wyatt-I remember your post from about a month and a half ago (approx). I took and did not pass the exam on 9/1/12. Please email me offline.
jjchemist1@yahoo.com

Reply

412 WyattNo Gravatar October 8, 2012 at 8:14 pm

SoClose, I’m sorry to hear things didn’t go well this time. I sent an e-mail from iroquois26@gmail.com

Reply

413 Oct052012 TestNo Gravatar October 9, 2012 at 1:01 am

Wyatt–yes, the published federal regulations on the AIA are under the reference section drop down. The reference section is separate from MPEP.

Below is a good reference material link for the AIA post grant review/ inter partes review. Know the threshold standard, and the time frame that you can use, and the basis of invalidity you can challenge against. For example, for post grant review–it’s only available within 9 mo of patent grant and you can challenge utility, written description and 101 whereas for inter partes review, it’s available AFTER 9mo of patent grant and you can only challenge under 102 and 103.
http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=598696f7-7eba-4fcb-83b8-2369caa91dd3

but like others have said, they are likely beta questions and do not count against your score.

GOOD LUCK! YOU GOT THIS!!!

Reply

414 gotta get through thisNo Gravatar October 10, 2012 at 11:17 am

Hey OCT052012 Test,

Were the PCT questions all the same? -What is required for filing and the so-called Timetable from being an IA to entering National Phase…? So knowing the fundamentals should be enough right?

Also, do you remember any KSR/Bilski stuff showing up? And were there a ton of Appeal questions?

Thanks!

415 WanderingNo Gravatar October 8, 2012 at 10:25 pm

Thanks for all the input everybody. Down to T minus 11:06. I’ll update tomorrow after I take the test.

Reply

416 MCPNo Gravatar October 9, 2012 at 8:43 am

I’m taking the test tomorrow morning as well. Doing some last minute studying going through the mambo questions.

2 quick questions

1) I’ve done PLI, done all the excercises, gone through most of the 2002/2003 exam getting between 70-80 pct on each one. Now I’m going through mambo. What else would you do in the last few hours of studying?

2) I’ve been using my mac to replicate the exam conditions using adobe. I open up each MPEP chapter separately and search within. Will the exam offer up the option of searching for phrases in quotes such as “cancelled matter in the application”

Any last minute tips are much appreciated!

Reply

417 Mr. AzulNo Gravatar October 9, 2012 at 12:10 pm

Using the Mambo questions do drills to search and the correct sections of the MPEP. The better you can search the MPEP the less stressful the exam!

Reply

418 LBNo Gravatar October 9, 2012 at 12:34 pm

I’ve recently started studying for the Patent Bar. What are the Mambo questions, and how could I find them?

Reply

419 Mr. AzulNo Gravatar October 9, 2012 at 1:08 pm

LB

I searched and can not find MAMBO’ older posts above as well, but it was a good list of the repeats, and there are several just as good, so use them. I have been using this link, which is everything you need to master the 2003 exam, and is as good a drill as you can get absent the expensive review courses, and its free! If you use this site and study with it you will be just fine. Learning the 2003 questions will save you from paying the big bucks for a review course.

http://www.pdnotebook.com/patent-bar-practice-exam/shuffle/

420 newlawNo Gravatar October 9, 2012 at 4:31 pm

send me an email, I will send you the Mambo tests. ngheo_p@yahoo.com

421 JenniferNo Gravatar October 9, 2012 at 2:03 pm

I have a question about the beta questions: If you get them wrong, they don’t count against you. If you get them right do they count FOR you? (I’ll bet they don’t!)

Reply

422 Mr. AzulNo Gravatar October 9, 2012 at 3:19 pm

Beta questions are neutral. You get 100 questions, 90 of them count, 10 of them are beta questions, and do not count either for you if you get them ‘right” or against you if you get them “wrong”. You must get at least 63 of the 90 real live questions correct to obtain a 70% and pass. Good luck!

Reply

423 AwShitSonNo Gravatar October 9, 2012 at 3:16 pm

I took the exam yesterday and passed. Exactly 10 AIA questions, all of which I completely blew off. If you’re taking it in the immediate future, skipping these will definitely work.

Lots of repeats from the 2003 exams, lots of 103a and PCT questions. If you can memorize all the above listed repeats from the 2003 and understand the principles they represent you should be fine.

Reply

424 WanderingNo Gravatar October 18, 2012 at 10:57 pm

I took the exam Oct 9 and had exactly the same experience. I missed by 3%. Retaking on Nov. 9. I’ll try and do a brain dump soon.

Reply

425 gotta get through thisNo Gravatar October 19, 2012 at 3:08 pm

Wandering,

How did you study for the exam?

426 MCPNo Gravatar October 9, 2012 at 5:00 pm

I am having a bit of trouble comparing/contrasting 103(a) rejections and non-statutory double patenting rejections. They seem almost identical.

Examiner gives 103(a) rejection over 102(e) prior art.

Practitioner establishes co-ownership at time of conception and gets rid of 102(e) based on 103(c) exception.

Now doesn’t practicioner face a double patenting by definition and should file a terminal disclaimer?

Am I correct in my thinking?

Reply

427 MCPNo Gravatar October 9, 2012 at 5:13 pm

AwShitSon,

Any tips on quickly identifying AIA questions?

Reply

428 AwShitSonNo Gravatar October 10, 2012 at 2:14 pm

They will have 2012-2013 dates, or be about inter parties stuff.

Reply

429 gotta get through thisNo Gravatar October 9, 2012 at 6:42 pm

New Law,

Can I also send you an email. I can use the mambo questions as well. Really need them…

Reply

430 gotta get through thisNo Gravatar October 9, 2012 at 6:45 pm

MCP,

Just remember that Same-Type Double Patenting is harder to overcome rather than “Obviousness-Type Double Patenting”.

In the case of Obviousness-type, you can easily overcome the rejection with a TERMINAL DISCLAIMER. Remember that! This type is a trigger for you to go searching for Terminal Disclaimer in the answer.

Reply

431 october11No Gravatar October 9, 2012 at 10:45 pm

I am taking the exam on Oct 11.

I have not go over any bilski and KSR yet. I bought PLI review course 2012, unfortunately it must be a fake one, it does not include bilski or ksr stuff at all.

Now I am panic. :( (

Can anyone share their study materials on bilski/ksr stuff with me?
or where I can find the study guide other than pto website?
my email
shuliang99@hotmail.com

many thanks

Reply

432 HopeNo Gravatar October 9, 2012 at 11:01 pm

New Law,
May I also use Mambo’s tests please

Reply

433 newlawNo Gravatar October 10, 2012 at 3:07 pm

send me an email to ngheo_p@yahoo.com

Reply

434 MCPNo Gravatar October 10, 2012 at 4:04 pm

PASSED! WHAT A RELIEF. 10-10
I think what people said about AIA is true. I had 6-7 questions I believed came from new stuff. I gave a quick guess and moved on. Definitely some KSR and bilski. Know the new approach to obviousness (obvious to try, market forces, common sense etc).

*signal patentable?
*Know PCT 102e and what it takes to get filing.
I had a question ask the 102e of a german PCT in german designated US.
*Who has to disclose?
had a question where a foreign patent agent put together app, but US agent filed. She finds something out after issue is paid- what should she do.
*I had both variations of Potter so know 103(c) exception and 102(e).
*When does an examiner give a notice of allowability?
*Can you give up priority claim by deleting section and then add it again after rejection?
*34.9 vs 35. question.
*Cancer Question for compound Y
*what happens when PCT applicant fails to provide all pieces by 30 months for US national stage. -I think revival
*Dead inventor after notice of allowance. (everything keeps going unless estate intervenes?)
*multiplicity of claims with 854 dependents- examiner should call first to make practitioner elect.
*When is a restriction OK? (anytime before final)
*Stuff on appeal
Can IDS be submitted during appeal, can you request amendments to claims to change dependency during appeal, when does board get jurisdiction?
*One about companies starting civil action and inter parted. what will happen? I think interprets gets put on hold until after civil
*One question about whether an exclusive license fulfilled the “co owned or requirement to assign” requirement of 103© I said no.
*XYZ
*inventor bloc
*getting refund for paying full price and then establishing small entity (3 months non-ext)
*Correct multiple dependent where the tricky answer is the one that references claims after itself
*Claim counting
*Petition to make special man in hospital that is old- no fee less than 20 claims?
*lipgloss tribal experimental use.
*Application filed through express mail is lost- what proof do you need? I think everything but the proof of first class mail (since it is express)

If more comes up I’ll write again.

Thanks for this great site.

Reply

435 KevinNo Gravatar October 10, 2012 at 6:09 pm

MCP,
Can you detail how you studied for the exams? I am starting to gather materials and will start studying next week. I’m just having trouble figuring out what study materials I need. My plan is:

1. Buy the BullsEye prep materials and study that. (Can’t afford PLI or PatBar)
2. Read all the outlines on this site under “study guide” section.
2. Study all repeat questions
3. Study old exams

Somehow, that doesn’t feel like enough. Do you have any suggestions? Or maybe a better approach. How did you prepare exactly? Any insigh would be helpful. Thanks!

Reply

436 MCPNo Gravatar October 10, 2012 at 7:10 pm

Kevin,
I have PLI. Email me Germwise using gmail

I read the entire PLI book, I took notes and listened to John White 2x over. I then took the 2002/2003 exams as real exams in sections so that I was really answering questions instead of just memorizing.

Then I used mambo lists to really drill in the questions and remember answers.

I think I spent around 120 hours studying

Reply

437 gotta get through thisNo Gravatar October 10, 2012 at 11:12 pm

MCP,

I am doing EXACTLY what you are doing. Did you find doing the questions in the customized exam section of patware helpful? These questions just suck, I have not been doing that well even though I feel like I understand the concepts and rules well. I’m planning on taking the exam late November so I’m hoping the exam won’t change much and will have close to what you’ve had. Thanks.

Reply

438 LBNo Gravatar October 11, 2012 at 1:21 am

From what I have read from the previous posts above, is it safe to say that the 10 beta questions will be on the new stuff (AIA)?

Are there other ways to identify these AIA questions besides the 2012/2013 dates and the KSR and bilski terminology?

Reply

439 gotta get through thisNo Gravatar October 11, 2012 at 10:25 am

Well, I would say the KSR and Bilski will definitely not be new AIA stuff. Those seem to be normal test questions but the NEW NEW AIA Stuff that is safe to sort of jump over or safely answer without a worry are the September 16, 2012 dated questions, since this date type questions were the MOST recent.

Hope that helps LB.

Reply

440 LBNo Gravatar October 11, 2012 at 8:21 pm

Did anyone get the Mambo questions from newlaw (his post above)? I am not sure what these questions are, but I probably can use them. Thank you.

Reply

441 CGNo Gravatar October 11, 2012 at 8:43 pm

Just got back from the test center and I passed. Too tired to be excited…

Thanks to everyone who contributed to this site. I have been going through the repeat and concept sections for about a week, after I realized that I didn’t have enough time to do all the old tests (did 2002 april and 2002 oct am.)

There were a lot of repeats in my exam, and I basically went through each session with minimal searching, marking the ones that needs searching for review later. By leaving the hard ones for later, I was able to get to the end of 50 questions in 2 hours. Then I spent the remaining hour going through the marked questions and searching MPEP for each of them.

There were less than 10 questions relating to the new AIA material, post grant review (within 9 months of grant) and inter partes review (after 9 months), and who has standing to assert PGR or IPR. There is another one on 3rd party citing prior art (applicant’s own statements relating to the scope of claims) to a patent, this one can be found in the supplement material. KSR and Bilski were there, too. But only during the exam and after experiencing difficulty reading and searching the supplement material on these subjects, I decided to search 2100 for KSR related information. It was in MPEP and it was much easier to read.

I will try to remember the repeats here below or under each question.

Again, thanks to everyone who contributed to this site.

Reply

442 CGNo Gravatar October 11, 2012 at 8:46 pm

By standing to assert PGR or IPR, I meant people filed invalidity civil actions cannot file PGR or IPR. Check the supplement on this. I quickly guessed one answer for the new AIA questions and marked them for review.

Reply

443 heatherNo Gravatar October 11, 2012 at 8:59 pm

Hi i am selling my PLI test prep materials for $500. But, more importantly I can help you narrow your studying down to what really matters, so you focus on the important chapters. I will be available to answer questions and calm your nerves throughout the studying process:) I have other study materials too that I gathered from various sources. Please email me at hmeddlaw@gmail.com

Reply

444 heatherNo Gravatar October 11, 2012 at 9:02 pm

One more thing, I did not major in science, and took the exam 12 days before my wedding and passed!! I can help you do the same with some easy tips and tricks that really helped me. Please contact me, I don’t want anyone to suffer the stress I did-I really overstudied!!!

Reply

445 heatherNo Gravatar October 12, 2012 at 1:56 am

I got tons of emails, from people with the PLI materials already so here is another option, if you have the PLI materials I can get you in and out of those lectures in less than a day. DO NOT do what I did and listen to ALL the lectures, I was working full time with a commute of nearly 3.5 hours a day round trip , planning a wedding, and listening to those lectures/reading the MPEP it wasted a ton of time!!!!!!!!!! You need to study smarter, the exam does not give you extra credit if you sat through John White for days on end. Also I will tell you which PLI charts to focus on/memorize for quick recall, and HOW to study the old exams. (If you dont have the PLI charts I can sell you mine)
Please let me be your tutor, save you time, and get on with your life-you can do it!!!
Another tip, schedule your exam at the center of your preference early, I had to get up at 5am and drive 2 hours to my testing site. I thought how busy could they be? The nearest 4 centers were all booked for the two weeks before my wedding. I passed, but I could have skipped the road trip.

Reply

446 CGNo Gravatar October 11, 2012 at 9:17 pm

Here are the repeats:
ABCDE, ABCD, BCDE
66-yeal old patient/inventor – how to make sure the filing will go through its course in 12 month; making special and prioritized examination program?
Spanish phone
federal court binding for office;
1.131- to overcome 102 a, another choice was to overcome prior art of 102a and 102g; i am not sure of the answer here;
102e, 103c, 103 a;
extension of reexam reply not automatic, must be filed before due;
assignee not of record – can only sign small entity docs;
many Smith questions;
Sussy (foreign) – duty to disclose b/c she drafted;
34.9% v. 35% – obvious;
Many dead inventor questions;
Patent term from nonprovisional app, from foreign app claimed benefit on, not from provisional app;
reissue app uses clean copy incorporating COC;
Inert gas;
certificate of mailing;
reissue app to narrow and broaden claims on the 2 year deadline day;
Velcro;
many appeal questions;
claim counting, 6, 7, 8 or 9; I picked 8;
fee refund: small entity but paid regular; and another refund;
Bloc, synthetic Z, intermediate Y;
lip thing: fruit flavor, public use;
Missing drawing, figure 3;
how do public access final action file of a published patent app – order a copy and pay the fee, request;
broom handle and head;
restriction, no claim under rejection – petition, on appeal;
failure to enter national stage prior to 30 month, then what?
many restriction questions;
design patent under 102d, 6 months, CIP;
Need to add C&D as inventors to a patent, but B refuses, what to do?
112 p1, enablement, written description;
suspended attorney, communication;
polyproplene;
provisional double patenting – this one confused me, 3 choices each containing same inventive entity, assignee, one more, that I want to choose all 3 but can’t;
Filing PCT IA but no claim or name of applicant, invi to correct, when is filing date?
IDS after paying issue fee – no way;
Potter;

Reply

447 LBNo Gravatar October 12, 2012 at 12:20 am

CG, my congratultions to you on passing! How do you spot the AIA questions on the exam? One post above stated that you know them b/c of the dates 2012/2013 or the inter parties stuff. Are there other tips to spot these new questions. I’ve just started studying and have never heard of AIA , and I can’t afford to take the expensive prep courses. Your knowledge is appreciated. Congrats again!

LB

Reply

448 CGNo Gravatar October 12, 2012 at 10:49 am

Thanks, LB. It’s the date and topic, I think. There were a few of them that are late in date, such as in 2012, but I wasn’t too sure if they were from the new AIA stuff, because the topic was somewhat on the old material side. I can’t think of too much details on those questions, because I had some trouble with them. Basically, I just marked in the software anything that I wan’t confitable with and went back to them after I went through the whole session. Because of this, I wasn’t under too much pressure and my brain was functional.

I bought the outlines from Bfusion, and they were helpful. Someone here recently posted a link to an article written by some attorney from Finegan comparing reexam, PGR and IPR. I found that helpful, too.

I didn’t take any expensive courses either, but I had a copy of PLI material from my friend. I briefly went through the course material without doing questions on PLI, and then went to old exams and repeats. I would suggest spending more time on old exam and repeats, and search MPEP while you do these questions and understand the problem.

Reply

449 CGNo Gravatar October 12, 2012 at 10:52 am

Also, as background, I am a chemist and am in law school part-time. So I understand 102, 112 somewhat based on patent law courses I have taken. But I have to admit that the basics were not enough for this exam since many questions were taken word-by-word from MPEP.

Reply

450 gotta get through thisNo Gravatar October 12, 2012 at 9:42 pm

Does anyone have any good resources as to where to seek the questions and answers for the ones that show up on recent exams. There is enough information about the repeats but I am just concerned that the questions that show up in these exams from time to time are difficult and I want to know that I am not lost. I feel like no matter how much I study there are gonna be questions im totally gonna be like WTF on. I’ve been studying really hard using PLI/whatnot and I do not want to fail.

For those who took the latest exams, do you remember the answers you put down as well for the questions that came up (this is APART from the repeats)? Thanks guys.

Reply

451 help the hopefulNo Gravatar October 13, 2012 at 9:06 pm

hello you brilliant ladies and gentlemen! THIS SITE IS AMAZING BUT HAS SOOOOO much information that I’m at a loss of WHERE TO BEGIN??

I do not have money for PLI materials,etc…but I can download mambos tests, have printed out old exams, etc.
SO…
Should I begin by reading the chapters? the repeated questions section? THE comments section that i’m typing in? the mambo exams, the old exams?

WHAT DO YOU THINK IS THE BEST ORDER FOR EFFICIENCY OF LEARNING ALL THE MATERIAL QUICKLY?

any help would be great! i’m just so overwhelmed with things I should read, that i do not know where to start!! :(

Reply

452 AMJAYNo Gravatar October 13, 2012 at 10:05 pm

I’m here to post a warning to those of you just deciding on a patent bar review course.

When I began my exam prep, I elected to use the PLI Patent Bar Review home study course based on PLI’s awesome reputation and the fact that used copies of their materials were available on ebay. I ended up unknowingly purchasing a counterfeit copy of the PLI course for $459. The PLI course itself (though it was an unauthorized copy) was outstanding. By only using the PLI lessons, following their post-course recommendations, and studying repeat and “new” exam questions posted on this excellent site, I was able to COMFORTABLY pass the exam on my first attempt. Therefore, I highly recommend PLI’s materials. Read on…

The day after I submitted my final registration paperwork and fee to the USPTO, I posted the PLI course (which I thought was legit) for re-sale on ebay. I was horrified to receive an email a little over a day later, notifying me that PLI had identified my copy of the course as an unauthorized copy and that my listing violated intellectual property law. Needless to say, beginning your career in intellectual property law as a copyright infringer would be sub-optimal.

Thankfully, the guys at PLI were very understanding and will not pursue the matter against me; however, there is nothing to say that they had to be so understanding. Copyright and trademark law does not give much comfort to innocent infringers, and it seems that lack of deceptive intent means very little in most cases, from what I gather. My advice is to protect yourself. By all means, purchase the PLI materials if you want to do so, but make certain you can identify what “used” copies are counterfeit. PLI provided me the following link, which I am in turn sharing with all of you: http://www.ipwatchdog.com/2012/05/08/buyer-beware-counterfeit-patent-bar-review-courses-on-ebay/id=24719/.

Better yet, if I had to do it over again, I would just buy the new course directly from PLI (or insert your bar review publisher of choice here). It will have the most up-to-date information for the recent changes to the law. Yes, it is considerably more expensive to go this route, but if you approach the course seriously and follow their recommendations, it is my opinion that you will probably pass (though no guarantees), so it’s worth a little bit of extra money. Compare the cost of a new course to the potential damage a copyright infringement problem can do to your career right off the bat, potentially rendering all your study time, stress, and effort worthless.

That’s just my warning and a bit of advice for you guys just embarking on your exam prep and for those of you looking to offload your old study materials. I know it sounds like I’m advertising for PLI, but my aim is to help you, not to advertise. I do not work for them, nor am I associated with them. I do, however, think highly of their course. I’m not bragging, but I passed easily thanks to it. And honestly, this advice applies to any study materials you might purchase, no matter the source. Be mindful of copyright infringement. It’s ultimately up to you to do the research and make sure you are in the clear. Best of luck to you all in your preparation.

Reply

453 october11No Gravatar October 14, 2012 at 12:10 am

Took the prelim exam on Oct 11. Passed.
I had maybe around 20 repeats. Very nervous in the beginning when I started the exam. But after I saw the first repeat question, really calmed me down. And those repeat questions really saved me a lot time. I actually have about 20 min extra time in the first section and about 30 min extra time in the second section. So I even got time to go back and review the answer. (when I did my old exam, I normally don’t have any time left, because all the questions to me were new when I practiced the old exam for the first time)
Like some people said here, the new AIA questions are about 10. Idid not really get time to study AIA. So I followed the advice here, assumed those are beta questions, made a guess and moved on. One question is about oath and declaration citizenship. Most of them are about post grant review, inter parte review. Did not see any part about new 102 changes. I only got like half day to study the new AIA, so I found on USPTO website there is a AIA road show slides, http://www.uspto.gov/aia_implementation/120910-aia-roadshow-slides.pdf
which is really helpful and I believe if you have time to review this slides, it should be enough for anyone who is going to take this test in the near future. I highly recommend this slides.
I used PLI materials bought on ebay, 2012 version, but it was a fake one, it does not include any KSR, Bilski stuff at all. I got really panic because I found out 4 days prior to my test. But thanks good help from here. I managed it. I studied all the old exams from 2000 to 2003, those really helps me to completely understand the MPEP. I didn’t even really read any part of MPEP(not even 700 and 2100), just did those old exams, but got really good understanding and good technique to track those questions in MPEP. This website also really helps me a lot, I printed all those 68 current questions and made a good summary of the discusion, which helps me a lot.
Here are some repeat questions and also some new questions that I had during my exam
Toy airplane
Tommie/Jo
Suspended attorney
Sweeden citizen PCT
Inventor dead, had assignee, no will, who will continue to procecute the patent application, answer, the estate administrator, unless assignee intervene
Bloc’s compound Z
Moon dust earaser
IDS after Notice of Allowance (4.03.26a)
Beck – Mixture Y with melting point of 150F (10.03.11p/4.03.22a)
Canceled matter as PA (4.03.48p) or variation
Tribell (10.03.16a)
Ex Parte Rejection (10.03.50p)
Indefinite high
Potter
Cancelled priority claim to increase patent term, but there is prior art, want to claim back. (no, cannot do that, passed the time period for claiming priority)
PCT correction
1) Carr (typographic error)
2) Missing drawing page
3) Missing sheet page
I have more information now,the missing drawing and missing sheet both have been referenced to earlier filed application, and it is Chaper I, so I think even there is referenced, since you can only do amendment to claims, not specification. So answer is you can only correct the typographic error.
Some New questions:
About the EFS recording assignment
Here is one I am not sure about the answer, I really want to know the answer even after I passed
File non-provisional application March 2002, which is a continuation of international application, IA filed Dec, 2000
IA claims benefit of US provisional application (PA), PA was filed June, 1999. IA published in English, Designated US, published sometime in 2002? Non-provisional application published some where 2003.
What is the US non-provisional application 102(e) date.
I am debating between the date of US application filing date March 27, 2000 and the earliest US provisional filing date. I don’t know which one is right. Can some one tell me? I know IA can have 102 (e) date as earliest US filing date. But what about the US application claiming IA benefit?
A patent application about one claim, wooden draft? Had 6 leather strap, examiner cited a French patent had exactly the same claim, but French patent did not claim any utility. Examiner reject the application under 102,but the practitioner argued there is not utility claimed for the French patent, question is should the examiner persuaded. Ichoose No.
Foreign Design patent filed sometime and issued the same date (weird,can this happen in real life?) on March ,2002 What is the latest date it can be filed in US.
I choose August, 2002 some date. 6 month from the foreign filing date
A practitioner rush to file non-provisional on anniversary date of the public sale, but the application does not have claim, office later send notice about incomplete filling. what can she do to still obtain the filling date accord on the anniversary date of public sale.
The only answer that looks OK is , she convert the non-provisional to provisional. I really don’t know if this will save the date as the anniversary date. But there is no answer about that nothing she can do to keep the date.

I really thank for everyone who contribute here.

Reply

454 KeithNo Gravatar October 14, 2012 at 3:00 pm

Thanks in advance for all the great info. There is so much on here and so many courses. I can’t afford one of the big ones and I don’t know where to start in my studying process. Please provide suggestions on methods/plans to start the studying process. I will have lots of time daily to study as I am waiting on bar results. I have looked at the following courses/materials:

Tapre Course
Patentbarexamprep.com
patentparstudy.com
patentbarstudyguide.com
omniprep.com

Please provide reviews, suggestions, etc. I plan on taking it before the year is up…so I need to start studying soon.

Thanks

Reply

455 OCT052012No Gravatar October 23, 2012 at 5:37 am

Hi Keith,

If you have gone through law school and taken the bar, you have nothing to worry. Especially if you have taken a patent law course.

I was in your same boat–I did not have any $$ to spend on a course. I just got a 40-50 page outline from a friend (may be somewhat outdated) and read through that, memorized the two 2003 exams questions and read through the old repeats on this website the morning of.

I did borrow friends old PLI course materials, but I simply didn’t have time to go through them, so I did not use it.

Just familiarize yourself with searching the MPEP and you should be good to go. Just remember, you have twice as much time to do these questions compared to the MBEs on the bar.

Let me know if you have any questions!

Reply

456 gotta get through thisNo Gravatar October 15, 2012 at 6:02 pm

is restriction proper for double patenting or NOT proper for double patenting? Can someone answer this for me please?

Reply

457 BrendaNo Gravatar October 15, 2012 at 7:37 pm

Gotta,
Restriction precludes double patenting rejection in the divisional application 35 USC 121.

Reply

458 gotta get through thisNo Gravatar October 15, 2012 at 8:19 pm

so double patenting is NOT proper for a restriction i guess?

459 BrendaNo Gravatar October 16, 2012 at 5:58 am

Gotta,

No it is not if apply to divisional application. MPEP 804.01

804.01 Prohibition of Double Patenting Rejections Under 35 U.S.C. 121 [R-3]
35 U.S.C. 121 authorizes the *>Director< to restrict the claims in a patent application to a single invention when independent and distinct inventions are presented for examination. The third sentence of 35 U.S.C. 121 prohibits the use of a patent issuing on an application with respect to which a requirement for restriction has been made, or on an application filed as a result of such a requirement, as a reference against any divisional application, if the divisional application is filed before the issuance of the patent. The 35 U.S.C. 121 prohibition applies only where the Office has made a requirement for restriction. The prohibition does not apply where the divisional application was voluntarily filed by the applicant and not in response to an Office requirement for restriction.

Reply

460 gotta get through thisNo Gravatar October 15, 2012 at 6:47 pm

Another question regarding Trade Secret:

What should an examiner do when materials are submitted as TRADE SECRET?

1) keep the material in the sealed envelope that the examiner does not use if there is no petition to expunge?
2) Disclose the material that the examiner finds to be important in deciding patentability?

or BOTH?!?!? This one is bothering me. Many people said 1) and I am also asking why not 2)?

Anyways, thanks all you smart smart people.

Reply

461 BrendaNo Gravatar October 16, 2012 at 5:28 pm

After reading 724.02. Here is my take: if the material is important to decide the patentability, the petition to expunge will be denied any way; and the material will be part of the application and will be disclosed. So I choose (2). I am probably wrong. Please help. Thanks

724.02 Office Treatment and Handling of Materials Submitted Under MPEP § 724.02 [R-6]
If the materials are found to be **>material to patentability<, the petition to expunge will be denied and the materials will become part of the application record and will be available to the public upon issuance of the application as a patent.

Reply

462 ABCNo Gravatar October 15, 2012 at 10:26 pm

Can someone help me with this question.
Utility application filed November 2002 subject to 102 rejection. Which the following can you use a
1.131 declaration to overcome?
A. US patent with effective filing date of February 2002, which describes, but does not claim the
invention in your application.
B. US patent with effective filing date of February 2002, which describes and claims invention in
the appliaction.
C. US patent with effective filing date of September 2001, which describes, but does not claim the
invention in the application.
D. US patent with effective filing date of September 2001, which describes and claims invention in
the application.
E. US patent filed February 2002, which describes and claims the invention in the application, but
has not yet issued.

Reply

463 GeppiegirlNo Gravatar October 16, 2012 at 2:23 pm

I believe this is the question I recalled from my exam. I spent WAY too much time on it and I’m not sure that i got it right to tell you the truth (clearly, if I could remember it nearly verbatim, I spent at least 10 min on it). I ruled out C & D, because they would be published in the US more than a year prior to the November 2002 application, and thus could not be “sworn behind” with a 1.131 declaration. I think I then referred to MPEP 715 to come up with the answer. I thnk I ended up with A, reasoning that if there was an argument as to whether someone invented and claimed the same invention prior to the November 2002 application date, then that wasn’t somethign a 1.131 declaration could overcome. Again, I’m not at all certain I got this one correct, so input from others probably best.

Reply

464 ABCNo Gravatar October 16, 2012 at 7:16 pm

Thank you geppiegirl for clearing my doubt I was so confused with this , all the options are so close.

465 gotta get through thisNo Gravatar October 17, 2012 at 12:45 am

I agree with Geppiegirl.

ABC: it is important to understand that when it comes to 1.131 it is always about ANTEDATING AFFIDAVIT. Just remember that this has to = “Discloses but does not claim” and in this case you would look for answers that say “Describes but does not claim” Only A AND C do that.

You can eliminate C because it is over a year. A works because its more recent and it also has the language of ‘describes but does not claim’!

466 VibhaNo Gravatar October 16, 2012 at 2:29 pm

I need help to with this question, where can I find related explanation?
which of the following are allowed to be filed as copies (in lieu of original
signatures): (1) Amendment, (2) Oaths under 1.63 or 1.67, (3) an authorization to charge deposit

Reply

467 gotta get through thisNo Gravatar October 16, 2012 at 4:30 pm

Vibhaji,

All of them!

Reply

468 GeppiegirlNo Gravatar October 16, 2012 at 6:54 pm

Yep, ALL! Finding this answer is the result of looking through the various rules relating to fax filing. I think I started with 1.6 and 1.8, and worked my way through it. I’d just memorize this answer as to the three listed and then you’ll only have to look up any variants if presented on the test.

469 ABCNo Gravatar October 16, 2012 at 7:17 pm

Thank you, I am still not good in rules..

470 ABCNo Gravatar October 16, 2012 at 7:18 pm

Thank you gotta get through this, when r u taking up the test?

471 VibhaNo Gravatar October 16, 2012 at 2:31 pm

One more question?
In which of the following is the signature, or lack thereof, inappropriate: (1) reply
signed by practitioner not of record, but included practitioner’s registration number ; (2) reply to
office action on the merits signed by only one joint inventor, where no practitioner of record; (3)
small entity status petition signed by only one of two inventors; (4) unsigned appeal brief.

Reply

472 GeppiegirlNo Gravatar October 16, 2012 at 6:55 pm

I believe I answered (2).

Reply

473 VibhaNo Gravatar October 16, 2012 at 7:21 pm

Thank you geppiegirl.. omniprep recently updated October exam-post and I found these questions.

Reply

474 gotta get through thisNo Gravatar October 17, 2012 at 12:38 am

Hey Vibha,

Omniprep updates their questions for an exam? What? Where can I find ‘these questions’?

Can anyone post any recent newish questions that have come up in their exam they took recently? Thanks.

Reply

475 gotta get through thisNo Gravatar October 17, 2012 at 12:46 am

And id possible can you share them at all. I’d really like to have a chance at looking at RECENT exam questions. Kinda nerve-recking when all these changes are taking place.

476 VibhaNo Gravatar October 17, 2012 at 9:39 am

Yes they did exampost test questions update on October 14…..it is on there website. I hav signed up for omniprep course two months back.

477 gotta get through thisNo Gravatar October 17, 2012 at 12:03 pm

Ahh. Lucky you!

478 PFGNo Gravatar October 16, 2012 at 7:32 pm

I got my preliminary pass Sept. 22, and now I am looking to sell my 2006 PLI course – binder and lectures. I thought it was a very effective study tool. (The only big changes from 2006-AIA were KSR and Blinski, and if I missed anything, I guess it didn’t matter too much since I still passed.) Let me know if you’re interested. PFG710@gmail.com

Reply

479 gotta get through thisNo Gravatar October 17, 2012 at 4:47 pm

Does the Accelerated Examination Requirements require one to have an ADS in them? Can someone help me find this in the MPEP. I looked through it under 708 something but couldn’t find anything regarding requiring an ADS for the requirements if someone wants to have Accelerated Examination done.

Thanks!

Reply

480 gotta get through thisNo Gravatar October 17, 2012 at 5:29 pm

I dont think you need an ADS. I answered my own question, sorry people!

Reply

481 gotta get through thisNo Gravatar October 17, 2012 at 5:31 pm

New question:

If you submit an oath for all inventors and realize ONE of the inventors address is not there, do you need to the ENTIRE INVENTIVE ENTITY LISTED to sign or ONLY those whose address was not there signed?

Any comments on this are appreciated!

Reply

482 Mr. AzulNo Gravatar October 17, 2012 at 7:06 pm

Under the AIA (post september 16, 2012) an inventor’s oath or declaration is no longer required as the way to list the name of each inventor if the applicant provides an application data sheet indicating the legal name, residence, and mailing address of each inventor. One can change or update the inventor’s information by submitting a revised ADS.

Reply

483 gotta get through thisNo Gravatar October 18, 2012 at 12:27 am

But I was asking about the Accelerated Examination-totally different topic.

I’ve come to the conclusion that you DO NOT need ADS for Accelerated Examination. Thanks though!

Reply

484 gotta get through thisNo Gravatar October 19, 2012 at 11:13 am

wow this really shows how much I’m mixing things up.

Thanks Mr. Azul! I was thinking of AE while I was writing to you but forgot about my own question to you. Thanks.

485 Mr. AzulNo Gravatar October 19, 2012 at 7:28 pm

Gotta:

This USPTO slide show should cover all the testable new (post Sept.16th) AIA material. I have read through this and it looks like the main oath and new procedures are outlined. All the testable highlights are here (IMHO):

http://www.uspto.gov/aia_implementation/120910-aia-roadshow-slides.pdf

Reply

486 gotta get through thisNo Gravatar October 20, 2012 at 12:20 am

Thanks Mr. Azul. I’ll go through it. Have you already taken the exam?

Reply

487 Mr. AzulNo Gravatar October 20, 2012 at 12:47 pm

Dear gotta:
I took it and missed passing with a 62 August 30th. I didn’t take the exam seriously enough. I went over this site and fund virtually all the questions I missed well documented and had I not been so lazy and worked through them I would have passed. So I have reapplied and received my authorization to retake on Sept.15th, a cruel joke considering it was just in time for the exam schedule black out! I plan to take it again November 20th. I am an eccentric tinkerer with a bunch of inventions associated with my hobbies I have developed over the years, (I am a chemical engineer by training, worked in the field for a decade and then worked in senior management for a mega-corp) and want to continue my work post retirement in micro-brewing and liqueur processing equipment, and bring in my two sons into a family business brewing and distilling spirits and having fun doing it. I get a kick out of reading the patents in my art of brewing and distillation, as its mostly driven by trade secrets (think about Jack Daniels) and I can see how clever the folks in the trade are in gaming the 112 second enablement issues and still passing examination, but every brew master or distillery wants to have a set of custom equipment, that reflects their art and methods so that is my niche. I have a six year old set of exam outlines by Kayton I bought when I originally thought about getting the registration, but had too much going on at work, and have updated them with the new AIA materials from the USPTO, which I have reduced into my own notes. I am taking the 1999 -2003 exams daily at fifty questions each session timed for three hours, not so much to memorize the answers but to drill looking everything up in the MPEP. I tend to be lazy and tell myself I already know this stuff when I score in the 85-90 range but I have to go through the drill with the MPEP, as this is where the answers are. One of my best friends is a patent lawyer and has been at it for 25 years, and I have him over for “testing sessions” in which he samples my brew and I ask him questions about the exam. It’s a much better way to study for the exam than to sit in a crowded lecture hall for a week.

488 Mr. AzulNo Gravatar October 20, 2012 at 2:28 pm

By the way, I make a liquer from native american blue corn hence the moniker Mr. Azul.

Reply

489 gotta get through thisNo Gravatar October 20, 2012 at 3:50 pm

Wow Mr. Azul,

That sounds incredible-the whole Brewing aspect. I would say I’m the opposite of you. Recent graduate, B.S. in Mechanical, and taking these tough economic times to educate myself into something fresh.

Hopefully I can find a job after this! I will keep you updated on my progress. I am using PLI and this website.

Can you please do a big brain dump after your exam, mainly on the newish questions? It would really help people like me since the repeats are abundant here but newish are always difficult to learn about.

Reply

490 gotta get through thisNo Gravatar October 20, 2012 at 3:51 pm

and Thank you so much.

491 gotta get through thisNo Gravatar October 22, 2012 at 7:15 pm

Mr. Azul,

I can only imagine. Would love to talk to you and get your advice. You can contact me at edgeofspace127@gmail.com.

Thanks.

492 dyst0piaNo Gravatar November 2, 2012 at 3:59 pm

Question for those of you who’ve taken the new exam. I’m slated to take it on November 26. Obviously the whole inter partes reexam stuff is all gone now, replaced by inter partes review. Are there still questions about the old inter partes reexam?

Reply

493 PatentBarRoadmapNo Gravatar November 12, 2012 at 11:19 am

A book written by takers

http://patentbartakers.com/

Reply

494 AlexNo Gravatar November 16, 2012 at 8:20 pm

I’m taking the exam in two days… After going through old exams, i realized that it may be time efficient to go through the first 50 (am session) and look for questions i’m familiar with/know/repeats and tackle those first, then go after the ones i don’t know … Has anyone done this before and any recommendations??

Thanks, great site.

Reply

495 gotta get through thisNo Gravatar November 17, 2012 at 2:14 am

Hey Alex,

Can you please post what you remember after your exam so its beneficial to all of us? The uncertainity of past questions is high because the test is changing so I want to know which kind of questions you received. It would be greatly helpful. Thanks.

Reply

496 OrdinaryskillNo Gravatar November 17, 2012 at 8:44 am

My approach will be to read the AM & PM fifty questions within the initial ten minutes of each session, mark all the repeats, and mark all the AIA’s (been trying to memorized the 2000-2003 questions) then go back and do the repeats first (will reread them to make sure they have not edited them!) Once I do that, say within the first 30 minutes, skip the AIA’s till the end, and do the rest of the exam with more time to search the MPEP per question. I figure if I get repeats done and out of the way, will be able to spend more time on the hard ones.

Reply

497 AlexNo Gravatar November 17, 2012 at 11:17 am

how do you distinguish AIA questions? Some say its the new material, some say it could be anything….?

498 ABPNo Gravatar November 20, 2012 at 8:32 pm

I took and passed the Patent Bar today (11/20/12). I purchased a legit PLI course and followed it’s study guide. Their supplements for the new AIA are very good. I also studied the actual supplements that are supplied on the exam itself. The new AIA adds another 20 hours of studying total. The only old exams I did were those on the PLI “Patware” software, April 03 & October 03 exams. They also have practice questions for the new AIA concepts and KSR/Bilski.
The Phase 2 questions focused on Post Grant Review proceedings, timing of filing (9 mo. after issue or whatev), estoppel of civil actions, and the standard that must be met (more likely than not, SNQ).
I had many of the same repeats as OrdinarySkill, but no moondust; I had both Potter Qs; Velcro (TM in claims); a couple of questions about inventors dying, one about a practitioner being suspended for misconduct while a prosecution is still pending (who does the PTO send further communications too–not the suspended practitioner).
Maybe 3 KSR or Bilski Qs. Not as many as I expected.
Several questions requiring you to know your 1.131 & 1.132 affidavits & how they’re used.
I had the repeat about 0.1% difference in the ranges–rejection for obviousness.
A question about submitted a biological sample.
Several appeals & PTC questions. Most the PTC’s focused on figuring out the priority date or what is required for filing & how to file.
Good luck. Happy Thanksgiving. May the Force Be With You.

Reply

499 geoffNo Gravatar November 21, 2012 at 12:40 am

If you know all the examples on 102(e) dates for PCT applications in section 706.02(f)(1) will that be sufficient for PCT questions along with understanding designate US, english, citizen/resident in order to be competent office?

Reply

500 WyattNo Gravatar November 21, 2012 at 1:00 am

Got preliminary pass today (11-20-12). What a bloody relief. I felt like this 2nd time around was much easier than the August 30 test that I took. My test was very, very similar to JTT, even dating back to CG and Oct 11 postings above.

I studied using the PLI written and audio course to lay a foundation, bolstered the foundation with the outlines on this website, tuned the knowledge with 02-03 Repeats, and smoothed out the kinks with Mambo5’s tests and BFusion’s materials (I owe this man a handshake. Seriously).

On the exam, I ignored all questions dated 2013 and beyond and/or mentioning PGR/IPR, etc, of which there were about 7-8.

Please contact me if you would like to take the PLI study materials off my hands. Just throw out an offer, as long as it’s reasonable (compared to, say, eBay or Craigslist). I will include all of the audio cd’s and dvd lectures of Professor White (an excellent teacher), all practice exams from 2000-2003, and any updated materials and notes that I made for myself. Also, PLEASE do yourself a favor, save yourself the grief, and contact BFusion for his materials. Seriously. Just do it.

Here’s my email: iroquois26@gmail.com

Best of luck, friends.

Reply

501 gotta get through thisNo Gravatar November 21, 2012 at 1:06 am

Hey Wyatt,

Bfusion seems to not be posting here anymore. Is it possible for you to send me Bfusions material? It would be SOOO helpful. I heard his stuff is really good. And congrats. Thanks!!

Reply

502 WyattNo Gravatar November 21, 2012 at 2:02 am

Gotta Get Through This,

I’d love to help you and send you the goods, but I signed a non-disclosure agreement as part of the purchase. BFusion sells his material for $85. I’ll tell you this–the new questions and spreadsheet are each worth their weight in gold. Here’s his e-mail: bfusion.uspto@gmail.com

503 gotta get through thisNo Gravatar November 21, 2012 at 2:22 am

Thanks!! Not a problem. Your brain dump HELPS A TON!!

504 BfusionNo Gravatar November 24, 2012 at 6:25 am

Hey,

Yeah, I’ve been absent from the site for a little, mainly because I’ve been working on a BUNCH of new material to offer people, so, if you’re interested, feel free to drop me a line:

bfusion.uspto@gmail.com

505 WyattNo Gravatar November 21, 2012 at 1:58 am

Random braindump of test questions:

Claim counting: it’s no longer the 147 claims answer (dammit!). I had this question as #100, with about 8 minutes left on the clock. I embarrassingly forgot how to count dependent claims for fee purposes and had to learn it really quickly. (JTT already said it was 8…oops)

Laurel Abbot Hardy
Japan PCT 45 days
Swedish Nationals PCT
Reissue correcting priority claim to German app
Smith DRAM
Parking Meter
Supplemental oath or declaration treated as amendment 1.312 after allowance in reissue
Appeal is not permitted because currently not rejected in continuation though twice rejected in parent
Dead line to file design application. 6 months from foreign filing
New grounds of rejection by Board
Who can sign disclaimer
Broom 900+ claims
Broom handle with 6 stapled leather strips
CD-ROM Tables
Indian patent agent has duty to disclose
Sales throughout US 1 year before filing date will bar
Reissue ABCD/ABCDE/BCDE: back to back variant and original in AM. The variant was beyond 2 year limit, original was within 2 year proper broadening reissue.
Access: Inspect – Oral request is acceptable for attorney/agent
Appeal: Applicant submits new matter after filing reply brief: only ok if there was a new court ruling on point
Smith Laminate: ‘comprising’ vs ‘consisting’ anticipation under 102
94 Year old inventor: I = cannot sound out examiner, II = representative not of record whose decisions cannot bind inventor cannot have interview with examiner prior, III = attorney CAN
IDS question: it is submitted with a list of patents, pubs, and info.
Submission on July 5 ok with late fee
112 6th: invoked where…
103c: how to obviate 103/102e
112 enablement:
112 Best mode need not be specifically pointed out, as long as included
112 Claim language: how examiner construes a non-means+function claim…widest possible interpretation based on spec
Chemical compound: can be referred to by other than its actual chemical formula, like a term of art in the relevant field
What can be faxed: CPA 1.53d
Bilski: M-T is not the sole test. Abstract idea cannot be patented.
Shoe polish: method claim
Broadening Reissue:
Linking claim: must make election in response to restriction requirement, ask that linking claim be examined with elected claim
Copy of signature: what can be submitted
Death of inventor: executor can continue prosecution unless or until assignee intervenes
IDS is appropriate submission with RCE after allowance
Recording an assignment: what’s needed
Supplemental oath is an amendment during reissue
Missing drawing in PCT
Amending a provisional: notice of omitted items, missing drawing. I said submit the drawing and accept the date of receipt of drawing as the app date (the other answers go against what Prof White says about not lying, cheating, or stealing at PTO)
Provisional doublepatenting
1.131 vs 102 rejections (b, e)
102(g) in ex parte rejection
Citation of prior or protest where one’s issued patent claims the same as a later filed app
No RCE for patent term adjustment
Person and assignee both have partial undivided interest…both must sign
Restriction for combo/subcombo
Variant of question: canceled matter as prior art public knowledge
English translation required when claiming to non-english provisional
No IDS translation needed
Assignee not of record can sign…

Skip all year 2013+ questions: those made up about 8 beta questions
AM section: Repeat City. 90 minutes left on the clock
PM section: Few repeats. Some variants. Mostly 112, 103, and unreported questions.

Good Luck!

Reply

506 PatentlyScrewedNo Gravatar November 21, 2012 at 10:38 am

So, were most of the repeats from 2002/2003? I have the exam on Saturday and I am kinda freaking out. I have the October 2003 and April 2003 exams pretty much memorized at this point. What would you say is the amount of repeats? Any advice? What were the AIA phase I/II questions like? Did they base off the FAQs on USPTO or were they block quotes from the fed. register pages?

Reply

507 WyattNo Gravatar November 21, 2012 at 3:44 pm

There were probably around 15-20 repeats and a few minor variants. The question prompts were mostly very short, and there were not as many answer choices that stated I&III, II III & IV, or none of the above (those ate up major lookup time for me in August). I think the PTO wanted to give us more time to testdrive their AIA betas (dont fall for it and waste time).

Since you are well-versed in repeats, I’d highly recommend BFusion’s materials, even with only 3 days left. Even one evening with those materials without having really studied well is equivalent to putting in 50+ hours of preparation. It’s a guaranteed pass.

Good luck.

Reply

508 SRTNo Gravatar November 26, 2012 at 9:44 am

Hello Everyone,
thank you very much for all the awesome information.
I have just started studying material from this website. I have an exam on 16th december but I am really nervous.
I am not able to find the answers from MPEP.
Please please guide me how to search MPEP effectively.
Thank you so so much in advance

Reply

509 PatentlyScrewedNo Gravatar November 26, 2012 at 10:24 am

Hey SRT,

The first thing I can recommend is to skim the headings for each chapter and memorize those. The second thing is to learn how to search the index at the back for a term. The third thing is search for unusual words in each answer. You won’t find all of them, you have to know the general concepts.

Reply

510 SRTNo Gravatar November 26, 2012 at 11:27 am

Hello PatentlyScrewed,
Thank you for the response. I am working on your first suggestion now. But I am getting problem in 2nd suggestion i.e. in searching MPEP. It takes lots of time and still can’t find my answer. For example: puting the word final rejection in 700, it takes me all over the chapter and I get lost. So, how to search MPEP effectively. Any tips please

511 PatentlyScrewedNo Gravatar November 26, 2012 at 12:28 pm

That is too broad of a term to search. You must be more specific. First, look at the table of contents for Chapter 700. Ok, it appears that 706.07 is for Final Rejections. Now look at the subheadings- there are 8 of them. Try to figure out which of the subheadings the question is asking about- is it asking whether the action is proper? Search 706.07(a) or (b). Is it asking for time to reply? Search under 706.07(f). You must be comfortable searching under specific subheadings. Take the time to feel out the table of contents -even if you’ve never seen it before- before just diving in with a search. That will save you a lot of time.

512 PassedExamNo Gravatar November 26, 2012 at 10:27 am

Hey everyone, this is my memory dump

I had very few repeats. All the repeats I DID get were from JTTs/Wayne’s lists, so do pay attention to those. Re-read chapter 1200!! The appeals questions are a real pain in the ass to look up. Also be familiar with the procedure related to fixing various PCT defects (or the result of the defect thereof), like missing drawings or not naming an applicant or wrong priority or wrong RO. Also know when a surcharge for PCT is involved, I had several questions where there were two answers and one had a surcharge and the other just had a basic fee charge. Honestly other than that, be comfortable with searching 2100, 700, 500/400/300. I found searching 1200/1800 (especially 1200) to be a huge pain in the ass compared to the other ones. Also KSR/Bilski are straightforward, and the AIA is more or less straightforward. Make sure you get how 103(c) obviates, I had at least 4 questions about 103(c) and how it does or does not apply to various prior art/ownership scenarios. The AIA tested a lot on how concurrent litigation/estoppel applies to IPR/post-grant, but thankfully its straightforward once you find it.

Reply

513 AlexNo Gravatar November 26, 2012 at 10:59 am

Took Exam last week and got a preliminary pass! I must salute this website and all of its content providers, from staff to test takers, it had helped a lot, and helped me stay updated. I also want to salute all those that can actually remember all the exam questions on their respective exams… I don’t know how they do it, it was a marathon for me and barely finished on time.

Few tips for you who are still about to take the exam
1) sorry can’t remember the questions but got a lot of German PCT variants, and a lot of PCT questions in general, know what u need to get an effective filing date…

2) Exam was harder than the practice exams I took, and many questions took a long time to research – some took an excess of 10 minutes!!! But thankfully, can make up the time by other means (discussed below)

3) Do all the repeat questions from above, and take the 2003 exams at least once in a simulated format, and develop a search strategy, that way you get familiar with the MPEP. As you know, the answers sometimes can be found in multiple places in the MPEP and knowing where to search is the most effective way to get to the answers (especially since most answers are verbatim from the MPEP)

4) My exam was weird, first half had about 2 repeat questions and was very difficult. The second half had about 14 repeat questions (which made it a lot more pleasant from a time management and confidence stand points).

5) Unlike many recommendations from above, my strategy initially was not to skip any of the AIA suspect questions (i.e. 2012+ dates), but found my self short of time and decided to simply throw in a guess and move on. (worked for me but not sure if i’d recommend that as a strategy, only if you are pressed for time, u can mark and skip them and go back at the end to guess or take a shot at searching the answers…)

6) Be prepared for the worst – I had very difficult questions in the begining, and felt deflated after 30 minutes. By the first hour i was only on question 14!!! But some how, you work through it, just keep at it and you’ll start to move faster, be mindful of the time but don’t let it distract you. ALSO, my computer signed me out in the middle of the exam!!!! When you search, make sure you hit the “find” button as “ctrl F” doesn’t work, and “find next” as opposed to “enter”, that caused my system to crash in the middle… luckily the proctor re logged me in and i was back on the same question, but did lose around 5 minutes…

General Study Tips:
- I used PLI 2006 material. You can still use the simulated exams, but have to back date your computer so that the software doesn’t run an “expired license” error on you. The lectures and the handouts were great foundation tools. PLI also has an advice section in the back that was very useful to summarize some of the themes … I did skip the claim drafting exercises as I have been in practice for a bit. The lectures are BORING, but they are very useful, and though i’ve been in the field for a few years now, there was a lot of stuff that I learned for the first time…

- I went through the old exam repeat questions (twice) and did the 2003 exams available… that was very helpful. I took one of the exams on this (http://www.pdnotebook.com/patent-bar-practice-exam/shuffle/) and searched each question, even if i knew the answer, just to improve my MPEP navigational skills. (if you don’t search, at least determine which section you’d search in your head before reading answer).

- Seriously consider buying BFusion material. It may be advertised as a great summary tool (which i may slightly disagree with), HOWEVER, it is very helpful in bringing together some of the newer material, concepts not covered in the older exams, and i did find many repeats from his material. So definitely worth getting, and spending 1 day on it is all you really need.

- Focus on Sections 600, 700, 1200, 1800, and 2100 the most. I felt like there were a lot of PCT questions on my exam…

Good Luck!

Reply

514 SRTNo Gravatar December 3, 2012 at 2:49 pm

congrates Alex,
I am appearing for exam on 16th december and really nervous about the new material and searching the material in MPEP.
Could you please help me with that.

Reply

515 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 6:35 pm

Took the exam TODAY 11/26 and received my preliminary pass! Thank you everyone who contributed to this website! What a freaking unique, collaborative web community! You are all great!
So in my half-time hour break I wrote down some morning repeats —
there were TWO questions concerning broadening reissues ABCD to BCDE. One was verbatim old question — the attorney files narrowing reissue w/out declaration, inventors file broadening reissue at deadline. The other question was ALMOST verbatim with the same answer, inventors file an intent to broaden before or at the 2 year deadline, but they walk in the amended claims after. Its fine since they announced their intent to broaden before the 2 year broadening deadline. The similarities in the question was the thing that confused me most!
Claim counting w/multiple dependent claim (different than the 147 one in pasts tests — i swear this one has an answer of 8)
Smith (10.03.9a)
Ex parte rejection based on 102(g) requirements
Potter shows up! Bear in mind there are two potter questions in the old test banks. Know both! I believe the answer that the reply properly states the Potter app and the Smith app were commonly owned by ABC Company
There is a slight rewording of the canceled matter 102(a) 102(e) question where you have to know both that 102(e) is wrong and 102(a) is right so I think the answer was E
The nonpublication request for a US Patent (04.03.a) was verbatim! I honestly thought since all my answer keys show two answers accepted that this one would not show up. Still I picked A — the 45 days required to notify answer.
There was a tricky question where A files provisional Y 1/4/01, ABC file provisional Z 4/15/01, then A files nonprovisional claiming priority to Y & Z 1/3/01, and ABC file nonprovisional claiming priority ONLY to provisionals Y & Z on like 4/30/02 (after the provisionals were abandoned). The OA rejects based on intervening art between the provisionals and the nonprovisional application. The rejection was proper, I believe. I kept looking back thinking i was missing something.
Question on what are not acceptable signatures what when no assignment or power of attorney could was granted. I said a ROA where joint inventors for invention but the ROA is only signed by one.
Ex Parte Rejection requirements under 102 (g) — this is an old question where items I and II were the only ones required relating to not being suppressed abandoned concealed and that it was actuially reduced to practice
German PCT, Swedish PCT these are all addressed on this site — know them! It’s ok for USRO even though its not competent, filing date is date submitted, they’ll swing it to the IRO.
Also German Reissue where they are correcting a claim for priority and what all needs to be submitted — NOT the translation. Only if they ask.
Also after patent issues patent owner finds anticipatory prior art, wants to cancel claim 1 and insert narrowed claim 3. There were two good answer choices & luckily it was one where you could select 2. You CAN file a disclaimer of the claim & amendment was one possibility and then you can also just file the amendments.
Also inventor partial assignment to practitioner then DIES! Have to know death does not revoke power of attorney since practitioner is partassignee.
OKRA? Did anyone get that Chicken and Shrimp Gumbo question? Since the prior art teaches all the limitations (and then some) I said it was anticipated. Was a little unsure on the culinary question.
I thought there were a bunch of KSR influenced questions — know that examiner CAN use TSM, it doesn’t have to be one of the 7 rationales for obviousness elucidated by the Supremes. Also that market forces at time of invention can be used by the examiner as part of their obviousness rationale.
PTA question! Application filed before 5/29/00 & has an RCE in file so PTA doesn’t apply i believe. Verbatim with old test — cant the exact q/a.
Bilski shows up! Utility question, business methods. Know bilski.
The no adhesive middle layer question (transparent tape and another layer were in continuous contact where prior art says theres an adhesive in between. The question was slightly reworded you were to pick which answer didn’t overcome the rejection. The answer was the one where comprising was used and just the two layers.
If I think of anything else I will let you know! Whoopie! Good Luck y’all!!!

Reply

516 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 6:45 pm

Oooh after reading Alex I agree. Morning was difficult! Lot of questions relating to 2014. Not as many repeats — maybe 6 or 8. Was unsure if I would pass at that point. Afternoon was good — I was stuck in chapters 2100 and 1200 (and I guess 1400 since there were so many damn reissues).
1 more ! I saw this one referred to habove before but Feb 8, 02 design patent in country x, what is last date can claim priority here. Answer was 8/8/02. 6 months priority for designs. That was the only design question!

Reply

517 geoffNo Gravatar November 26, 2012 at 8:25 pm

Claim counting w/multiple dependent claim (different than the 147 one in pasts tests — i swear this one has an answer of then you put a smile face with sunglasses…did you mean 8? :8

And by “you have to know both that 102(e) is wrong and 102(a) is right so I think the answer ” are you referring to cancelled matter cannot be 102e and cancelled matter is 102a as the date of publication of application?

518 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 7:01 pm

Also French marinet reference
Also Smith Dram

Reply

519 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 10:06 pm

Geoff
Hey there yes the answer was 8. i meant 8 ) but maybe there’s a macro 8)

Reply

520 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 10:07 pm

And to yoursecond question yes — you have to select both that it is 102(a) as of issuance and that it cannot be 102(e).

521 Up an unfortunate creek with an equally unfortunate kind of paddleNo Gravatar November 26, 2012 at 10:14 pm

one last thing! Geoff, its not 102a prior art as of the publication of the application is of the date of issuance. See MPEP 2127: The canceled matter only becomes available as prior art as of the date the application issues into a patent since this is the date the application file history becomes available to the public

Reply

522 BfusionNo Gravatar November 28, 2012 at 2:02 pm

Hi All…Bfusion here….

I wanted to let everyone know that probably within the next week or so, I will stop offering the current study materials/resources that I developed. I’ve been working on reformatting everything: making updates to the questions (re-writing new questions from bits and pieces of people’s responses online), Revamping the frequency chart to be more usable, updating the study guides to reflect current law, in hopes to offer a more concise and well rounded package.

So that being said, I will continue to offer my current study materials for $85 for probably only one more week. After that, these materials (as they are currently offered and at the price offered) will no longer be available. It’s my hope that the new materials will better meet the needs of you all here.

If you are interested, you can email me: bfusion.uspto@gmail.com

Again, all the best to you as you study!

Reply

523 gurvgdwrNo Gravatar December 1, 2012 at 5:18 am

I am not comfortable with an automatic weapon going off next to me. [url=http://www.akoutland.com]canada goose outlet toronto[/url] If you have any concerns about your own health or the health of your child, you should always consult with a physician or other healthcare professional.
Alek Wek name means “Spotted Cow” back in the Sudanese village where she was born to a family of eight siblings. [url=http://www.canadagooseparkaonlinestore.com]canada goose jackets sale[/url] The worst part is that these signs only deepen and get more etched out with time.
It is beneficial to combine this degree with a business, marketing, or merchandising degree. [url=http://www.pascherdoudounesenligne.fr]http://www.pascherdoudounesenligne.fr[/url] With a huge assortment of plus size clothing in various patterns and designs, dressing becomes a pleasure.
[url=http://www.monclerparkaonlinestore.com]moncler[/url]

Reply

524 Just do itNo Gravatar December 1, 2012 at 9:43 am

Site Administrator- Please remove the previous spam posting and screen this type of garbage or this site will become useless.

Reply

525 SRTNo Gravatar December 3, 2012 at 2:43 pm

Seeking help for my exam
Hello All wonderful people.
Is there any link to read the new material?
And also could you please tell me where to find the new material in MPEP?
I will be very thankful if you could suggest me the best way to search MPEP efficiently

Reply

526 PatentlyScrewedNo Gravatar December 3, 2012 at 5:16 pm

This is a link to the source materials as you will have them during the examination. http://www.uspto.gov/ip/boards/oed/exam/aia_regexamsourcematerial2012sep04.jsp

You will find the “new” material in the various sources. You will not find the “new” AIA material in the current MPEP (at least I think not).

And heres a link to the FAQs regarding AIA implementation: http://www.uspto.gov/aia_implementation/faq.jsp

As far as searching the MPEP goes, you must first find the correct heading/subheading within a chapter before you begin searching for a particular term. This is the most important advice I can give. Take the time to figure out roughly where you need to search before you search, so that you can confine your search to ~10 pages at most.

Reply

527 ccheeseNo Gravatar December 8, 2012 at 5:33 pm

Just passed the test less than an hr ago, thought I’d do a brain dump while it’s still fresh, the least I can do to the wonderful people who have contributed to this great web site.

Repeats:

1. claiming, deleting and then claiming benefit again
2. suspended practitioner, the question was ….. except – guessed on the answer “PTO will recommend a replacement agent.”
3.Japanese resident filing in US to Japan – Forward to IB when fees paid.
4. Spanish Phone
5. Lip Gloss/ – Public use Question
6. Velcro – description, lack of disclosure
7. Small Entity Fees – 3 month limit for refund.
8. German PCT, got 3-4 of those, can’t remember the variations.
9. Inventor Died during prosecution – allowance OK unless executive intervened.
10. Broom – 900 claims – examiner should call
11. count claims – variant – asking for DEPENDENT CLAIMS – i said 8
12. chemical compound – curing cancer is incredible, aleviate headache is not!
13. Australia PCT – 30 month limitation.
14. french patent – 102 d bar
15. make a patent special – 65
16. AIA – old dude in the hospital, accelerated prosecution, <500 is da key
17. Indian variaition – over sea lady drafted the application, DUTY to disclosure.
18. 101 issue – living and inanimate
19. Deposite of biological material
20. DNA combo – different protein – still anticipated!~
21. 112 6th paragraph invokation
22. original was ABCD, reisssued to ABCDE, then same day changed to BCDE, what's the answer? I can't remember.
23. Encoded signal – not patentable
24. anyone can get copy of the material from the PTO, just pay a fee!
25. can a method to conduct business be patented? – don't know, felt like it's really an essay question LOL

not repeats (?):

1.PCT designed to the U.S had no claims, and amended after 30 days after notice from the patent office, what's the priority date? – I took a wild guess on this one.

2. post-grant re-examination? bunch of dates, clueless, could't find it anywhere.

at last but not the least, BiFusion's material is worth every penny!.

Best of luck to all of u!

Reply

528 UBetchaNo Gravatar December 9, 2012 at 7:47 pm

Took the bar and passed today. Some questions from AIA:

1. Substitute statement when inventor dies
2. Suspension of civil action if inter partes review and civil action filed on the same day.
3. Standing to file PGR or IPR when party has already filed Civil Action
4. Documents that may be submitted as a prior art citation (in particular, statements related to scope of claims)
5. Prioritized Examination Track 1 available when < 10K
6. Standards of review for IPR (reasonable likelihood of sucess) and PGR (more likely than not)
7. Nothing on new appeals procedures, best mode, transitional program on covered business methods, or third-party submissions.

Reply

529 PHRNo Gravatar December 9, 2012 at 10:48 pm

UBetcha,
Congrats on passing. My attempt is coming up here in a few days. Do you think these questions are still in beta test or were there others that you think might be under beta test now? Earlier people suggested not wasting time on obvious AIA questions such as these since they were in the beta cycle. Do you feel this is still valid advice? Thanks.

Reply

530 UBetchaNo Gravatar December 10, 2012 at 8:20 am

PHR,

It is true that people have suggested that the AIA questions are more likely than other questions to be “beta” questions. When I saw any AIA question, I marked it and returned to all the AIA questions at the end of each three-hour section.

However, keep in mind that some provisions of the AIA went into effect in September 16, 2011 (appeal, best mode, and different standard of review for inter-partes review). That material is part of PLI review now and, at least to me, it seems more likely that these questions may be scored.

Moreover, the more recent questions (including the ones I highlighted above) are easy to look up in the Federal Register. I suggest practicing how to search the rules at the end of each Federal Register announcement and identifying some helpful search phrases such as “civil action” and “more likely than not,” etc. to find them.

Of course, if you are short on time, I would leave AIA until last and guess without lookup.

531 UBetchaNo Gravatar December 9, 2012 at 7:54 pm

Other questions:
1. Encoded Signals = not patentable
2. Living vs. inanimate objects not relevant for 101 inquiry
3. Lip Gloss public use
4. VELCRO
5. Access to abandoned applications
6. Lots of questions about dead inventors
7. When is Statement of Reason for allowance NOT proper
8. Question about computing Patent Term when the priority chain has a PCT application in it. Note that this is not the same as 102(e) prior art analysis.
9. Anticipation of ranges (obviousness rejection when 34.9 and 75.1)
10. Deposit of Biological Material
11. Broom
12. Claim Counting
13. Certificate of Transmission and CPA Applications under 1.53(d)
14. Express Mail procedure requirements
15. When do assignment records become public.
16. Who may sign a 1.131 affidavit

Reply

532 WinupNo Gravatar December 10, 2012 at 9:25 am

Hi, all,

I’ve been having a weird experience with the test. Not sure if anyone here had similar experience or can offer some explanation to what happened. I took it twice till now, first time 68% and second time 65%. Both times I felt I had to pass as I kept track of every repeat question I know. The first time I counted I had 73~75 questions right; the second time I counted I had 80~84. In the second test, I also identified 9 AIA new questions, and some others that I guess would be beta test questions. I am baffled because I knew the questions, I knew the answers, I just couldn’t understand why the score or accuracy rate is so low.

The thing that troubles me is that I knew those questions and the correct answers associated with them. Now I have to question everything I know and rethink if those correct answers I knew were actually correct, otherwise I don’t see improvement in the future. Any advice? Thanks in advance!

Reply

533 ccheeseNo Gravatar December 10, 2012 at 11:00 am

ppl been known to check their tests in DC, sounds like the discrepancy u described is too large to be considered normal, maybe it is worth the time and money to take a trip to DC?

Reply

534 janderbingNo Gravatar December 10, 2012 at 11:26 am

Hi Winup, I have had the same experience. Knew the old tests cold. Missed by three points twice. Actually went to Washington to check my answers. Read Just Do It’s post. I think the key to the exam at this point is to identify the right phrase for looking the answers up in the index and the MPEP, and get speedy at it. I was very careful in my answers and if I had only been a littl more speedy about lookup I think I would have passed. At the PLI course they tell you that you wont have much time to look things up, but I think that with so many new twists on old questions and some AIA questions, proficiency at lookup us key. I will tell you how this goes after I pass next time! : )

Reply

535 Just do itNo Gravatar December 10, 2012 at 3:19 pm

Janderbing; I agree totally…one has to really know the art of the “control F’ search and what phrase to put into the search. If you have the time, read 2100 and know the table of contents of the MPEP chapters 700, 2100, 1800, 800, 600 and 1200 like the back of your hand. The OED has shifted the calls of the questions and the answer sets so even though its essential to know and drill the old questions, its also critical to read and know THE EXACT CALL OF THE QUESTION. What i expect happens on the exam is the questions read exactly like the old repeats with one or two words changed, and under exam pressure one gets excited to think “this is a gimme question!” and fail to read the entire question and catch the one change that impacts the call of the question. I actually coaught this on my exam last week, when I re-read my questions during the thirty or so minutes I had left in the AM and PM sessions and lo and behold, I caught three or four shifts from what I thought was a positive question call to a negative question call, changed my answer and passed the exam. Had I not caught these changes in the call of the question I would be preparing for my third shot at this exam right now. No one passes this exam by a significant margin, and the experts who teach this exam for a living believe most pass with a 70, 71, or 72 just as most fail in the range of 65 – 69. Failing this exam a few times is not any indication how good one will be once you get do finally pass and get your registration number. No one truly conquers this exam…they survive it, grateful to be finshed with it!

536 Just do itNo Gravatar December 10, 2012 at 11:11 am

Winup, I passed the exam last week. Ubetcha is correct on the list, with the addition of the daughter and the old father wanting an examiner interview, which can not be done to “sound out the examiner’ but can be done before the firts office action to explain the art. I saw several “repeats” that were exactly the same in earlier versions except there would be one word changed such as a change from ‘according to patent office procedure” or “proper” to “not in accord” or ‘improper” or “not …patent law or procedure’ and several iterations along those lines. The most important thing I did after I did the questions in the morning and afternoon sections with the time left was to re-read the call of the questions at least once more even if i thought they were absolute repreats. Few of them are now, as i noted most had shifted from a positive to a negative question call or negative to positive call, or some one word shift that impacted the correct answer. The exam has several variations on each question, and under exam presuures its easy to miss one word and blissfully think its a repeat when it is not.
This exam is tough, and i passed this on my second shot, making a 60% on my first attempt in August. I do not believe there are really any shortcuts to knowing the substance of the MPEP and the best way to pass is to first take PLI or a legitimate course on that scale and then drill the old exams. The Old exams are no longer a sure bet to just memorize and pass this beast, as the AIA questions will soon, if not already, be live and the new law replace the older questions from the 2003 and 2002 format. Anyone can post that they just studied the old exams for a few weeks and aced the exam, but I would take any such postings as doubtful at best and trolling as more likley. I had to study hard to pass the exam. The exam is about the slight nuances of the MPEP, and even those in the patent field would find passing this exam a challenge.

Reply

537 RobbyvegasNo Gravatar December 10, 2012 at 11:12 am

Question – When you read a question, how do you decide whether the answer you are looking for is in 2100 or 700? There’s a lot of overlap and I often find myself searching in the wrong chapter. I’d like to be able to save myself some time tomorrow on the exam. :)

Thanks,
Rob

Reply

538 Just do itNo Gravatar December 10, 2012 at 1:17 pm

All: As stated, I passed last week, so here is a bit of giving back to the forum…My approach during the MPEP searches I did during the exam, and I only did about ten in the whole exam, was to go to 2100 first, as many of the questions are pulled verbatum from the exact text of 2100. Note that 2100 is as close to a policy manual on 101, 112, 102 and 103 interpretation as exists in the MPEP, and has the discussions on KSR and eventually will contain the other case topics like Bilski and business methods and 101 statutory subject matter now in the Federal Register. 700 is too difficult to read and both PRG and PLI suggest that one reads 2100 and PLI specifically tells the student to scan 700 for the location of topics but to read for content 2100. Note that ten years or so ago there was no 2100, and all the case analysis was included in 700, but the PTO, in editing the MPEP broke out 2100 as a type of policy and exception manual and kept 700 as a topic focused section. If you actually read 2100 you will likely then be able to use 700 for the mechanics of how 102 and 102 and 112 work, BUT Reading just 700 is like reading the New York Phone Book for meaning…it just won’t work. As my personal hero John White of PLI (who is the best patent bar instructor out there) says “READ 2100 at least three times”. Yes it will take time, but I did it for my second ans succesful attempt and it really helps, and after to get your registration number you will be reading 2100 every day anyway. The ironic aspect of reading 2100 after failing my first attempt in August was the realization when I read 2100 that many of the answers to questions that I had gotten wrong or drawn a blank on were right there in the text….I realized several times what an idiot I had been when, second time around, reading the right answer I had missed in my first exam stratight out of 2100, so please save yourself the hassel of taking the exam twice that I went through and read 2100 the first time!

For those of you who are just getting started in the exam preperation process, I strongly recommend viewing this free you tube of John White’s intro to the patent bar exam filed at Golden Gate Law School/San Francisco in September 2012. He lays out the whole process out accurately and discusses the recent changes to the exam better than anyone else in the field:

https://www.youtube.com/watch?v=1YtJ2YuTHvs

Bottom line, folks, despite all the random postings to the contrary, there are no short cuts. This exam will require real effort and study and even if you could game the exam by just memorizing the repeats from 2003 and 2002, which I do not believe is the present case post AIA, you still have to know the law and procedures in the MPEP to prosecute any Patent application, so might as well learn the material early on and focus on aquiring the professional skill set so you truly are capable of obtaining a well drafted patent for your clients inventions.

I wish you all the best of Luck on the exam.

Reply

539 RobbyvegasNo Gravatar December 10, 2012 at 6:07 pm

Thanks,

I was starting with 2100, but I’ve recently found a few questions where the language in a question came straight from 700, not 2100, so I wondered. But the advice is well taken. I’ll stick with 2100 and move to 700 if I don’t find the answer I’m looking for in 2100.

Thanks

540 TJNo Gravatar December 13, 2012 at 5:30 pm

You need to make a judgement call as to whether the question is directed towards the patentability of the underlying invention or the examination process of the application. There is some overlap, but the question stem should generally lead you to one or the other.

Reply

541 BfusionNo Gravatar December 10, 2012 at 3:58 pm

Hey all,

To those who have used my study materials, I wanted to say thank you for the encouragement and feedback along the way…much of what I am now offering is because of your success with my materials.

To those of you studying for the exam, I (through the process of studying myself) have put together a site to help people take the exam. There is a lot of free resources…along with access to the study materials I used to offer (and a whole lot more).

http://www.wysebridge.com

All the best to you as you study!

~Bfusion

Reply

542 Just do itNo Gravatar December 10, 2012 at 5:52 pm

You are a true hero to the folks that use this site, Bfusion. I hope you are happy and succesful in your future endeavors.

Reply

543 RobbyvegasNo Gravatar December 11, 2012 at 9:42 pm

I received a preliminary pass today! Woot!

Here’s a preliminary brain dump – like everyone else who posts after taking the test, I’m fried and can’t remember my own name right now, let alone the questions that I had on my exam. I’ll post more as they come back to me.

First, all thanks to Bfusion! Reviewing his materials is what really came through and helped me to pass–I’m sure of it. There were several concepts that I didn’t remember until I read his materials. On the exam I saw 15-20 questions that called on things that I’d retained from reviewing his notes. I haven’t seen his new materials, but I purchased the previous set just a few days ago, and I’m very glad that I did. Thanks Bfusion!

Second, I’ve always been frustrated that I couldn’t really figure out how the PDF MPEP on test day would really work. Here’s what I learned from trial and error today:
1 – when searching for a string of words rather than a single word, don’t use quotes. The quotes mess it up.

2 – remember that the MPEP is full of little special characters that are sitting between words in a string that you might be searching for. The searches can mess up if there are “”^&,… between the words you are looking for. Consequently, if you don’t find what you are looking for with a string, try searching for a single word.

3 – you can’t actually use your mouse to select anything in the MPEP PDF. As a result, searching always started at the beginning of the section. Get around this by knowing or looking in the TOC for the section number that you are looking for first. Search for that section so that the cursor is actually highlighting the section that you want to search in. THEN run your search for a word or string that you are looking for. So, for example, let’s say you are looking at a question that is asking about determining what constitutes a POSITA. If you pull up 2100 and search for “Person of Ordinary” it will come back with lot’s of miss-hits. Here is my technique (take it for what it costs-nothing) I click on Find, select 2100, search for “103″ which takes me to 103 in the TOC and shows me that I probably need to look somewhere between 2141 and 2146. 2141 has a “>” in the TOC and I don’t trust them, so I search for “2141.01 Scope and”. The result is that it skips all of the other “2141″ and “2141.01″ words that might be throughout the chapter, and instead takes me straight to the 2141.01 header. Now I search for real – Now, searching for “Person of Ordinary” isn’t going to really find the exact thing that I need to find, so take a couple unique words from the question or answer choice you are looking at and search for them. You might have to conjugate a word or use synonyms or antonyms, but you can find just about anything you need quickly this way.

4 – I found that the advice to search during the test was dead on. If you are sure you know the answer because it’s something that you know cold, you don’t need to search, but I probably searched for more than 50% of my answers, and it was a huge help. There were several instances where a question looked like a repeat to me, but on closer inspection, the facts were the same, but the call of the question and/or answer choices were different–either that or I mis-remembered the answer choices–so…. I looked it up. More often than not, the answer I was leaning towards was wrong, and I was able to fix my answer and move on.

5 – I also found it helpful to mark questions that I was pretty sure I could search for, but I wasn’t able to find the answer in the first minute or two that I looked for it. When I got to the end of question 50, I was able to use the 15 minutes I’d saved by not wasting time searching to go back and try searching again. More often than not, I found the answer I hadn’t been able to locate before.

6 – Also, when you start the exam, there will be a 15 min tutorial on how to use your mouse (no joke). Move through these slides quickly but don’t click finish. Now you have 15 min. to create your matrix. (ABCDE across the top, and 1-50 2x down the sides.) I did both sets at once and they never asked me for my scratch paper from the 1st session, so I was able to use the matrix I created before the test even started! 10 minutes saved.

7 – Finally, for the last week or so, I’ve looked up every question and answer choice I’ve looked at. It’s painful at first, but you do get better at it over time, and it becomes a skill–possibly not one that will really be of much use after the test, but a skill nonetheless.

OK, enough of that. Here’s my recollection of questions… well, actually I can’t really remember many at the moment. Lot’s of PCT, Appeals, and Reexam. I had approximately 12 questions with dates ranging from 2012-2014, (more than 10 but less than 15) so at least a few of them had to be graded questions. My suggestion on the new AIA stuff comes from none other than Bfusion again – answer the question quickly as best you can (probably don’t look it up) and don’t come back to it. It’s probably a beta question, but it might not be, so you might as well spend 1-2 min on them. They were generally long, so I would speed read and then select the best answer I could.

That’s all I can manage to type tonight. Dinner and a well-deserved TV break are calling my name and I can’t resist any longer.

Reply

544 BfusionNo Gravatar December 11, 2012 at 11:21 pm

Robby,

Congrats man, and glad I could help out!

To those studying…what I did is take a TON of material scattered all over the place online, and condense it / organize it on my new website:

http://www.wysebridge.com/

there is both a free part (because I felt I owed it to everyone to provide this to help and give back) and a paid part (which gives access to my documents, study guides, exam simulators, question simulators, compilations of new questions, etc).

Thanks again to all who helped and gave me feedback/encouragement to go ahead with this endeavor. I hope it helps you all study!

Reply

545 WhewNo Gravatar December 13, 2012 at 4:48 pm

Just took and received a preliminary pass for the exam. My test consisted mostly of patentability, PCT, reissue, reexamination, and appeal, with some facsimile and RCE mixed in. The beta questions were easy to spot; just look for questions about the new AIA stuff (at http://www.uspto.gov/aia_implementation/bpai.jsp#heading-2). Got at most 5 or 6 repeat questions.

Want to reiterate the prior posts on having familiarity with the MPEP so as to enable speedy look ups during the actual exam. Three and half minutes is often more than enough time to find an answer in the manual. So make sure you know which section or subsection to go to for a particular topic. The old exam questions are a great way to practice MPEP looks up. Doing those questions is also a good way to learn concepts so by no means ignore them.

Reply

546 VVNo Gravatar December 15, 2012 at 1:59 pm

congrats Whew! I’m planning on taking the exam next week and was wondering if they’re still using Mpep 8/8 with notices or if they have made the latest revision 9 available.
thanks and congrats again!
vv

Reply

547 ccheseNo Gravatar December 14, 2012 at 5:30 pm

recent patent bar passers -

got some questions on how to fill out the data sheet after passing the patent bar:

1. ‘registration number’ = ?? I don’t have one yet?

2. ‘do you wish to remain on the register’? = what’s the meaning of this?

3. registration status: I have not sworn in as attorney yet (passed the bar exam, but committee still waiting on couple things to complete my bar application), should i put down ‘agent’ only?

thanks for your inputs!

Reply

548 Just do itNo Gravatar December 14, 2012 at 8:06 pm

http://www.uspto.gov/ip/boards/oed/practitioner/notices/index.jsp
Be sure to check for your name of the notices at OED…you will be formally granted your reg number so long as you comlete the form and send in your fee about three days after the end of the public notice period.

Reply

549 NtPNo Gravatar December 24, 2012 at 5:33 am

Hello CChese & Just do it:

Could you send me your personal email ID? I have some questions on LawSchool. Thank You, intransit7@gmail.com

550 Just do itNo Gravatar December 14, 2012 at 7:58 pm

Cchese;
On the data sheet, Do not put a registration number on the data sheet, you do noy have one and do not confuse your OED ID # you recieved when you were approved to take the exam as your permanant Registration number, its only a temperory number used to control your application until you pass the exam and are licensed. You should check on the OED website and you will find your name within a week or so of passing which is posted for public comments on your moral charecter and fitness for 45 days. If no major comments are recieved and the OED, upon reviewing your file and checking available records find no problems with charecter and fitness (just like you went through with your state bar) after the 45 days run you will get a registration number, typically within a few days after the 45 days which will be posted on the register of attorneys and agents. You will get your formal certificate in the mail in about three weeks after the 45 days run.Since you have not yet sworn in as an attorney you are not able to obtain a certificate of good standing from the highest court of your jusrisdiction, since, in fact until you swear in you are NOT licensed and a member of the Bar. So you will have to enroll initially as a Patent Agent. Once you swear in to the bar and can obtain a certificate of good standing from your state supreme court clerk’s office, send it in along with the fee and the OED will reissue your certificate with the denotation you are a Patent attorney, and your staus on the roll at the OED will also be changed.

Congratulations!

Reply

551 RBNo Gravatar December 22, 2012 at 7:07 am

Thanks for the comments.

I too would like to have some clarification on Cchese’s following point:
2. ‘do you wish to remain on the register’? = what’s the meaning of this?

I am not on register yet, so what’s the right answer for the above question in the data sheet?
I obviously want to get on the register, otherwise I would not have taken this exam.
Thanks.

Reply

552 Just Do ItNo Gravatar December 25, 2012 at 11:57 am

Regarding the previos posting:
Hello CChese & Just do it:

Could you send me your personal email ID? I have some questions on LawSchool. Thank You, intransit7@gmail.com

This site is on the patent bar, not law school. I suspect this is a spammer seeking personal information that is at best off topic but more likley a scam. Be Advised!

Reply

553 Just Do ItNo Gravatar December 25, 2012 at 5:21 pm

All:
This is my last posting.

I have posted my exam report, and hopefully given back to my kindrid spirits taking and passing through this rite called the patent bar. I can move on knowing there hase been an equity in the give and take, and those who come later will find the trail markers that helped me, with a few notes that I wrote that in their moment helps the next pilgrim.

Now I move on to learn more of the art of drafting and prosecution, and to serve my inventors, and in so doing hope to give more than I might take as patent counsel to those whose skills certainly eclipse mine, and the serve whose inventions bring value to a world that needs improvement in so many ways. I know its perhaps a cliche, but I believe that is the real reason all of us took up the challenge of joining the patent bar, the shared hope that we can do well by doing good.

May God bless all of you and may you all meet the challenges before you as patent professionals with the success that comes from honest, hard work and the wisdom to make the right decisions at the right time.

Signing Off,

Just Do It

554 SueNo Gravatar December 17, 2012 at 10:23 pm

Hello everybody,
I passed the exam today!
Not a lot of repeats from old exams, less than 10. A LOT OF PCT, reissue and reexams and of course patentability. A couple of questions about fax/ Oath and declarations.
I had a repeat question about missing figure in the drawings
Repeat : Broadning reissue (ABCD, and reissue for BCDE I think)
I had the gumbo soup question
The inventor who dies after assigning a part of the invention to the practitioner
The dependent claim calculation (8)
I had about 10 questions from the AIA section.
If I can give one advice: know the MPEP as much as you can, I had a really hard time searching during the exam, even though I knew the section and the subsection where to look, when I highlight it and click find to search it didn’t stay within the section I chose, and took me everywhere in the document! I actually had to go to the subsection and just skim it looking for the keywords. (I don’t know if it’s just me, and didn’t know how to use the find box, but it didn’t work for me!)
Someone asked about the version of the MPEP, it was 8, and I had the extra material separately (you can either click to access the extra material or the MPEP).

And last thing I studied with PRG material.

Good Luck to you all!

Reply

555 NtPNo Gravatar December 24, 2012 at 5:32 am

Hello Sue:

Thanks for the tips.
Could you please send me your personal email address? I would appreciate it. ‘intransit7@gmail.com.

Thank You.

Reply

556 SRTNo Gravatar December 18, 2012 at 10:51 am

Hello averyone,
I got a preliminary pass for the exam on December 16, 2012.
Firstly, all my heartiest regards and thanks to contributers of this website. I know thanks is not enough but really this website and BFusion material was really very helpful. Thank you Brian (BFusion)
Like Whew, My test also had lots n lots of patentability (2100) questions then many PCT, reissue, reexamination, and appeal, with few on RCE.
I got only 5-6 new material questions and because of the guidance from this website I could get the stuff easily.
I got many repeats (around 20-25) from 2002-2003 exams and few from exam questions section here (VELCRO, spanish phone).
My sincere advise is to understand the concepts. I have taken the PLI course material, have studied BFusion material, material from patentbar (thanks to david for that), understand and practice for the repeats and earlier exams and study this website thoroughly.
Please please read chapter 21000 3 times( as said by John White).
I think hard and practice is the key to success and there is no short cut.
Thank you to this website again and again.
I have my PLI material with me with some of the key material I prepared for myself for concepts.
I am selling it for $400 or BO if anyone is interested.
Good luck to all test takers.
Please let me know if I could help anyone to pass.

Reply

557 TopassbarexamNo Gravatar February 5, 2014 at 11:18 pm

Please contact me on monikamanocha12@yahoo.co.in
Your suggestions will help !

Reply

558 BradNo Gravatar December 18, 2012 at 1:35 pm

Thank you for sharing. Regarding the new material questions, what guidance are you talking about exactly?

Reply

559 SRTNo Gravatar December 18, 2012 at 5:14 pm

I had BFusion’s material and People have suggested here some points for look up like civil action etc. and that worked out really well for me

Reply

560 NtPNo Gravatar December 24, 2012 at 5:31 am

Hello SRT:

could you send me your personal email address to me? I would appreciate it. Intransit7@gmail.com

ThankYou.

561 NtPNo Gravatar December 24, 2012 at 5:29 am

Hello Recent Test Passers;

Could you comment on the MPEP format in Prometric. Does the subject-matter-index work like the way it works in our personal computer? In our home PC, the subject-matter-index has hyperlinks which opens up appropriate chapter of the MPEP. Does the one in Prometric also do the same?

NtP

Reply

562 JakeNo Gravatar December 30, 2012 at 3:13 pm

No, the hyperlinks do not work.
However, there is an index sidebar (mirroring the toc) that lets you jump to a section within the individual pdf.

Reply

563 SteveNo Gravatar December 30, 2012 at 5:29 pm

The hyperlinks are in version E8R9, but the test only uses E8R8, so there are no hyperlinks. Jake described the sidebar situation.

Reply

564 B-RealNo Gravatar January 10, 2013 at 11:43 am

I keep seeing a question regarding biological matter? Does anyone have the full context and the answer choices or know where it may be?

Reply

565 Kansas_manNo Gravatar March 11, 2013 at 1:59 am

HI All,

I am planning to take the exam in May, I have an old version (from last year) of PLI. Does anyone know how to supplement for the new material that will be added by April 2nd? I cannot afford a lot of money so your help is appreciated. Thanks

Reply

566 CDNo Gravatar April 9, 2013 at 6:25 pm

email PLI customer service. See what they can do for you.

Reply

567 khaledNo Gravatar March 25, 2013 at 10:35 am

what conditons that make a dosage regimen patentable?

Reply

568 khaledNo Gravatar March 25, 2013 at 10:37 am

what conditons that make a dosage regimen patentable?

khaled196354@yahoo.com

Reply

569 KHNo Gravatar March 31, 2013 at 5:37 pm

I just took the exam yesterday and I would like to give back to this website. I will list what I remember. First off, my very last question contained many of the recent changes of the AIA, including Track I, Inter Partes Review combined with practitioner misconduct, and 102!!!! Again, it had 102 with a post March 16th effective date. I am pretty sure it was Beta. It was of the type, “which of the following are in accordance with USPTO regulations?”

I also saw a lot of ex parte appeals, design patent questions (I do not know why), questions on who can sign what, a lot on PCT, and I had two bio questions.

Now for the good news. I only had time to review the new questions and the October 2003 afternoon exam since I started using this website and I saw a lot of repeats, some with variations. However, if you read the explanations on this website, the questions are very easy.

Repeats:

2 variations on chemical compound to treat headaches

1 question on incorporating changes in a clean submission, i.e. no bracketing or underlining

1 on Canadian citizen trying to use the US as the RO in a PCT application

1 on when does the patent term start in a PCT application claiming priority to a provisional

1 on moondust in erasers

1 on process to make compound Y with melting point of 150 degrees instead of 300 degrees

1 on variation on Smith and Jones question from October 2003 afternoon session

1 on a variation on the Spanish phone question

1 on what the USPTO will do when the inventor dies after allowance, but before issue

1 on piecemeal examination

1 on over 900 claims

1 on “51 half page charts submitted on a cd”

1 on variation of lip gloss question, i.e. experimental use in public

1 on PCT application from German applicant. I think I saw it on the new question list on the wysebridge website.

That’s all I can remember. Most of the repeats were not word for word from the past exams, but they had variations so one of the old wrong answer choices was the correct choice.

Reply

570 monaNo Gravatar April 2, 2013 at 5:31 pm

Hi,

I was planning to reappear in exam as I could not pass during my last attempt. Can any one please tell me the procedure? Do I need to resend all my transcripts again along with application form or I just need to fill in application form? I was assuming since they already checked my transcripts during my previous attempt they may not require marks sheet again this time. Can any one please comment, It will be really a great help.
Many thanks

Reply

571 ZNo Gravatar April 2, 2013 at 6:17 pm

Hi mona, if you haven’t already done so take a look at the General Requirements Bulletin on page 26 under “Failure to Pass the Examination” http://www.uspto.gov/ip/boards/oed/GRB_March_2012.pdf. You don’t need to submit another transcript as long as you reapply within a year. That rule is in section 11.7(b)(3) on page 2 of the Bulletin. I’d call OED to confirm though, because the rule isn’t stated that clearly.

Good luck!

Reply

572 Internet Marketing StrategiesNo Gravatar April 9, 2013 at 11:55 pm

I absolutely love your blog.. Very nice colors & theme.
Did you create this website yourself? Please reply back as I’m looking to create my own website and would love to learn where you got this from or just what the theme is called. Kudos!

Reply

573 Up an Unfortunate Creek with an equally unfortunate kind of paddleNo Gravatar May 5, 2013 at 12:09 am

Hey ! Selling my patent bar materials. 2006 PLI course – binder and lectures. I thought it was a very effective study tool. I have update materials for KSR and Bilski. Let me know if you’re interested. sfpeninsulaguy@gmail.com

Reply

574 Up an Unfortunate Creek with an equally unfortunate kind of paddleNo Gravatar May 12, 2013 at 9:30 pm

Selling for $150.00

Reply

575 KM-AENo Gravatar May 9, 2013 at 12:35 pm

Hi All,
I failed my first trial for the patent bar back in march and now I want to go for another one. I don’t have much time as I need to take it by the third week of June. I also work full time. So my question, what would be the best to prepare for the exam, is taking the PLI live course would be a good help? I have a technical background so I thought it will be an intense 5 days course that will prepare me for the exam. I am not sure that’s the best approach and use of money. Any suggestions or recommendations will be highly appreciated.
Thanks

Reply

576 gh0000001No Gravatar May 10, 2013 at 10:57 am

To tell you honestly, if you failed in March (Pre-AIA), you need to give a lot of time for the preparation for the exam which incorporated AIA . PLI is a good course.

Reply

577 BfusionNo Gravatar June 25, 2013 at 7:41 am

Hi all,

Just a reminder that no matter what materials you use to study, at the end of the day, PRACTICING questions is key. Sure, “memorization” of facts and perhaps answers to common repeats helps, but in general, learning the feel and flow of questions, seeing how the USPTO words questions, and learning to navigate the MPEP on searches is what will help, big time.

It’s one of the reasons after going through the process myself, that we set up the Wysebridge Patent Bar Review site (http://www.wysebridge.com), to 1) allow for easier access to questions, and 2) provide real question databases, to allow you to test yourself and be exposed to lots…and lots of questions.

We’re also continuing to grow our AIA question database as well!

All the best to you as you study, and as always, you can either reach out on the website or email me directly, if I can be of help in any way as you prepare/study!

~Bfusion

Reply

578 Really?No Gravatar June 28, 2013 at 12:18 am

bfusion, no one uses this site anymore unless they are selling Testerone supplements.

Reply

579 IrisNo Gravatar July 3, 2013 at 12:38 pm

Looking for a study pal. In San Diego… Or someone on the phone.
I am a registered patent attorney in Israel, and worked as a patent agent for 3 years. But for now I am studying solo, as I just moved to San Diego, and am not affiliated with any office here yet. I have the older pli course. (And would also consider buying the new course if someone is selling)
Also, what free online resources are good? If anyone is willing to pick up a phone and give me some good pointers.. It would really be great!)
858-922-8294

Thanks!

Reply

580 nachoNo Gravatar July 6, 2013 at 2:14 pm

Has anybody takent the exam recently who knows about more recent repeats?

Reply

581 RLNo Gravatar September 9, 2013 at 3:25 am

I’ve read that some successful test takers on this forum are “searching every question” that appeared on their exam. What is the searching strategy that is being employed to do this? I find that not all questions can be searched from the old exams. There is information in the MPEP that may lead to the correct answer, but searching some questions seem like a big waste of valuable exam time. Any thoughts on this?

Reply

582 linkNo Gravatar October 18, 2013 at 6:04 pm

Worthwhile data. Privileged everyone I discovered your internet-site inadvertently, exactly what shocked precisely why the following incident decided not to happened beforehand! We added the item.

Reply

583 DaVinciNo Gravatar December 2, 2013 at 2:16 pm

It appears that we are not using this very useful and free website for our patent bar exam. I am taking in on the 9th and would like to share information. I am studying the new materials and not sure how much of it will be tested.

Could anyone post the new materials that would be tested and also what version of the MPEP is being used? I know starting January, a lot more materials would tested.

I will try to share the AIA stuff. I was also going to talk to the USPTO to start posting new exam questions. Thanks.

Reply

584 JaneNo Gravatar December 6, 2013 at 10:35 pm

I will do so after I finish the exam.
do you mind to leave your contact info to me?

good luck for your exam!

Reply

585 DaVinciNo Gravatar December 10, 2013 at 12:43 am

Just took the exam; didn’t pass. Got 60%.

This has been more than a year I took the exam. No repeats at all. Forget about doing old exams. Waste of time spending doing old exams 2003 or 2002 or any other. Too old.

All new stuff. Extremely date-oriented. Starting January more new stuff will be added. MPEP is August 2012. Know dates and new stuff really well

Reply

586 NicoleNo Gravatar December 10, 2013 at 2:08 pm

That is really frustrating. I am taking the exam on Thursday. If you don’t mind me asking, how did you prepare for the exam? Did you take a review course? And how much time do you think you put into your preparation?

Reply

587 ScottNo Gravatar December 10, 2013 at 3:10 pm

Passed the exam a few weeks ago. I wanted to let people know what I did to pass. Bought omniprep to learn about MPEP, source materials and exam questions and used this website a little bit for exam questions too. Looking back, the main use of Omniprep for me was to set a schedule for me to study. It was OK, I think wysebridge looked pretty good too. Basically spent 2 hours a night for 3 months. I was shocked at how few repeats there were ~10, and how little I opened up 2100 chapter during the exam. Most of the MPEP questions were chapter 700. A lot of people mentioned PCT heavily tested, I got only 3. Get to know all the source material fairly well. I got some questions on Post Grant review and the changes to inter partes reexamination/review. Although there seems to be very few repeats with the recent changes, I think going over the old exams was extremely helpful.

To get a little more specific.
I spent a month just reading an MPEP summary, but read chapter 700 and 2100 in full. The next month I was taking exams. I took either an AM or PM old exam every day, focusing on searching for each answer quickly, even if I knew it. This was very helpful, b/c getting to how and where to search for answers quickly is key. The half month I spent finding where all the newer questions on this website and through omniprep could be found in the MPEP, Also, I read through all the source materials during this time. If I could do anything differently, it would have been to spend 3 weeks on old exams, 3 reading new source material and the newer exam questions on this website.

If I was studying now, I would buy an online study course to keep me focused, like Omniprep. I would make sure to read a MPEP summary, and read 700 and 2100 in full. Next, I would hone my search skills, making sure I can find every answer from old exams and newer questions in the MPEP in under a minute, know the basics and where to find potential questions in source materials (i.e. SNQ vs. reasonable likliehood, when you can no longer file inter partes reexamination and when/what patents you can file PGR for -I got 1-2 questions relating to each of these concepts FYI). Reading through the AIA FAQ on the USPTO website is a good idea too.

588 NicoleNo Gravatar December 10, 2013 at 3:38 pm

Scott,

Thank you for sharing! It sounds to me like the exam material varies greatly from test to test (based on DaVinci’s experience). Did you have any background with patent law before you took the exam?

I have been working in an intellectual law firm for about a year. I completed the PLI online course and have been studying for about 7.5 weeks, anywhere from 3-5 hours a day. I’m very nervous that this will not be enough time.

I know that you (nor anyone else) can really know if this is enough time for me personally, so I’m just trying to get a feel for how other people are preparing and compare myself with the norm! (Although at this point, it’s probably too late to do anything about it!)

589 JaneNo Gravatar December 11, 2013 at 9:50 am

Scott,
what did you mean by the new material on this website? you mean mypatent bar? where is it?

thanks

Reply

590 DaVinciNo Gravatar December 10, 2013 at 1:54 pm

Does anyone know who to request at the USPTO for them to release a new- material-question-answer database that we can practice off? I would not mind paying for it, as that might encourage PTO to release questions. In January they would add the first-inventor-to-file stuff. There were no beta questions on that subject yesterday. Some questions had dates from 2014.

The 2003 and the 2002 exam questions or from previous years are a waste of time. Know assignment, oath, reissue, re-exam and all the stuff from the Supplemental Materials going forward. But, knowing concept is only half the battle; how to apply them is another matter. That is why we need new practice exam questions.

Reply

591 DaVinciNo Gravatar December 10, 2013 at 2:54 pm

I just left a voice mail for USPTO OED at 1-571-272-4097, requesting releasing of some new material questions and answers database, perhaps an online database for us to practice off the Supplemental materials. Not sure they would call me back or not. If more people call and request them to provide us with some Supplemental Material questions and answers they might listen to us. I would not mind even mailing them a letter requesting the same info. I told them that the 03-02 exam questions are not that helpful anymore.

Reply

592 DaVinciNo Gravatar December 10, 2013 at 3:00 pm

Nicole and Jane,

I did not take any prep courses. I feel as if, unless these prep courses exclusively spend time on the Supplemental Materials, they are not worth it. I have a good handle on the past bar exams – 00 to 03. But, need the new stuff.

It is possible, I was the only one who did not get any repeats. But, going forward, I will not do anymore past exams, and if USPTO does not release any more questions, we should post our own in this site and try to answer them. I think that would work, and we will learn from each other’s experience.

Anyway, best of luck to both of you.

Reply

593 NicoleNo Gravatar December 10, 2013 at 3:39 pm

Thank you! I took the PLI online course and the instructors made it seem like the information tested from the AIA would be very basic. It sounds to me like that isn’t the case!

Reply

594 kuti2013No Gravatar December 10, 2013 at 6:53 pm

Hi Nicole,
I also have the PLI course and as they said it covered ll the AIA changes. First good luck on your exam on Thursday, could you please share your experience and if the course really covered all the bases. I will go for it next week. Also, do you think that solving old exams are enough. I also work in a law firm and stressed to pass it quickly.
Thanks
Kuti

595 NicoleNo Gravatar December 13, 2013 at 11:14 am

Hi Kuti,

I just wanted to get back with you about the test. I took it yesterday and passed. I will say that I found it to be pretty difficult (I finished with 5 minutes to spare on each part). That being said, I looked up 95% of the answers. When I say “looked up,” I mean either found the answer I didn’t know or just found proof for what I was pretty sure I knew already.

Why Gene Quinn of PLI says you only have time to look up 5 – 10 questions… I have no idea. If you only looked up that many, I’m not sure how you could possibly take the entire 6 hours. There just isn’t enough material.

As for PLI – I think that it really did a great job of preparing me. Like I said, I’ve been working as a paralegal in an IP firm for a while now so I had a pretty basic understanding of the process going in. I studied for about 7.5 weeks very consistently (pretty much 3-4 hours a day). Between going through all of the lectures, doing the exams on Patware (including about 10 “Make Your Own Exams” that just pulled random questions from every source), and this website… I feel like I was as confident as I could be with the time I had to study. Again, the test was hard and I left with a headache but I also left thinking that I had a pretty good handle on most of the questions.

As for old tests, I think I got 10 repeats MAX. So no, I don’t think that knowing the old tests by heart is a good indicator for how you will do. That being said, 10 free points without spending a few minutes on those questions definitely, definitely benefited me.

I also didn’t get a ton of questions on the new stuff. There were a few questions on the new post-issuance proceedings but I think that PLI prepares you well for those questions (as long as you take the time with those sections). They may have very well been beta questions too, though, so I wouldn’t spend an extraordinary amount of time on those topics.

And that’s that! If you have any more questions, I’d be glad to help!

596 BfusionNo Gravatar December 14, 2013 at 10:07 am

Nicole,

CONGRATS! Great work on passing (especially before the changes).

I’m wondering about the “look up” amount. Nicole, as you mentioned, I think for 90% of my questions on the exam, I did some form of “look-up” for them. There might have really only been 5-10 that I just KNEW were right. But, the rest, ranged in the time of look-up (but still required look up!).

Again, many many congrats on passing!

597 MO2014No Gravatar December 16, 2013 at 2:36 pm

Nicole,
Congratulations, what are the main topics on the new stuff that you had the most on your exam. Thanks
MO2014

598 DaVinciNo Gravatar December 10, 2013 at 3:16 pm

Regarding how much time I spent on preparing – I was happy with my preparation, but I spent way too much time with the old exams to the point I was scoring over 95% on each. I read and read a lot on the Supplemental stuff, but had no practice on problem solving with these new stuff. The questions were very unfamiliar to me. Due to lack of problem solving experience with the Supplemental, I did not pass.
Bottom line, I spent too much time with the old exam which actually gave me a false hope and did not spend enough time in problem solving of the very date-oriented Supplemental materials.
Going forward I will reverse my strategy.

Does anyone know of a one or two-day prep course for Supplemental stuff only? I think unless you have taken the exam, it would be difficult to come up with a prep-course like this.
Thanks

Reply

599 DaVinciNo Gravatar December 10, 2013 at 5:04 pm

One more thing, you should know by now or at least be aware that a lot of the old exam questions would be wrong to ask now and so would be the answers. It has been 10 years since the last exam was posted and patent laws have changed since 2010. I expect by 2014 new stuff would be fully integrated into the exams – PCT would change due to new Treatise laws. PCT would be like how Europe treats PCTs, which is currently different from USA. In 2014 you might be able to pass the exam without taking any old exams if you knew the new stuff well.

Therefore, it is important to ask USPTO to give us a question/answer databank
But, let’s start discussing the new materials – subject at a time.

Reply

600 MitchNo Gravatar December 11, 2013 at 4:23 pm

I’ve had a hard time finding any recent reviews of those mid level exam prep courses like omniprep. I want to pick one and start studying but I don’t want to waste a bunch of money (pli is so beyond my budget it’s laughable)… Anyone have any suggestions?

Reply

601 RKNo Gravatar December 11, 2013 at 11:05 pm

Just took the exam today (first try) and did not pass. Got a 56%. Spent most of the last few weeks memorizing all the 2003 exams and only got a few repeats. Most of the questions were on ex parte, inter parte, oath/declaration, joint inventorship (e.g., inventor’s ABCD assign their invention to company XYZ. Company XYZ and inventor’s ACD want to add inventor E, but inventor B doesn’t agree…(can’t remember the rest)).
I have the PLI course and finished the rules section, but didn’t focus too much on the MPEP. It was hard even finding the answers on the exam to some questions where I had time to look! The trickiest ones are having to pick between 3 options (I, II, III) and get the right combination (I only, II only, III only, I and III, etc).

Reply

602 DaVinciNo Gravatar December 12, 2013 at 12:26 am

1) I had a question where a confidential memo describing the invention was given by an executive to the competitor (what a nice guy!) and the competitor made a brochure out of it and distributed it at a trade show. The general counsel found out about the memo leak and immediately had an application filed which was rejected under 103 as obvious using the brochure. I am trying to remember what else happened. I think the answer choice I chose was explaining to the PTO what happened and overcome the rejection. Not sure if that was the right answer. Now seems like it cannot be patented, regardless how the memo got leaked. All the dates used were 2012. Did not say anything about whether they fired the executive! (kidding!)
2) Another question was how many prior arts can you use against 102(b)?
I knew it was only one PA can be used against 102(b) but several can be combined against 103. But, one of the choices was could you use another PA to describe the inherent nature or to explain some terminologies.
I think I chose the wrong answer (I searched 2100 and 700 and could not find anything) because I chose ”Only one”, because I don’t remember reading that changed for 102(b) under the AIA.
3) I had several questions regarding when can you use photocopy and can you use copy? What is the difference between photocopy and a copy? I can’t think of any. Perhaps ‘copy’ meant another print out of the same thing. The dates kind of throw you off, thinking may be something changed.
4) There was a question similar to the moon dust question, only this time using sea salt but the answer choices were a little confusing.

Anyway, good luck to the ones who are sitting for it soon. Let’s discuss more so that we can all pass. It is nice to see some of us are using the site again

Reply

603 BfusionNo Gravatar December 12, 2013 at 5:59 am

Hey all,

DaVinci, Mitch, RK, and a few of the other more recent posters: Good to see people starting to re-collaborate again! Keep it up..it’ll help your studies a LOT!

DaVinci, I agree, especially with trying to study with a mindset of “memorize old questions and exams and cross my fingers I’ll pass.” Old questions used to be much more helpful (especially when the rules/laws actually applied to them), but with the changes (and up and coming changes) this will be less the case.

Calling/writing the USPTO can’t hurt =) It would be really nice of them to release questions, but…considering they now force you to sign a NDA, prohibiting you from discussing anything about the exam (questions, format, and anything else they might want to try and enforce), they seem to have already taken the stance of “we’re not sharing.” boo.

Question: So, on Wysebridge, we’ve set up a forum that allows you to create individual threads and comments. If you thought it would be helpful, I can always start posting new AIA questions to allow for discussion, etc. (We’ll be updating the forums/site soon, so the layout, interface, etc..will be more easy to navigate).

Anything I can do to help, I’ll be glad to. Obviously, we have our study materials covering the AIA (and we’re adding more as January approaches) to help walk through the various elements of change, but, besides that, I’ll be glad to try and contribute and help as I can!

All the best,

~Bfusion (Bryan)
http://www.wysebridge.com/

Reply

604 DanzomoNo Gravatar December 17, 2013 at 6:17 pm

Answer to 2): 2131.01?

Reply

605 DaVinciNo Gravatar December 13, 2013 at 12:06 am

Thank you Bfusion. I did not hear back from the USPTO. I would call Monday and ask for any patent lawyers who design these question; if they will be willing to provide us some Q&As based on the Supplemental materials. Do not have to be exam questions already tested – just a Q&A database based on the new laws. If we pay, they might release them; They may not know that we spent a lot time on these old exams that are no longer that useful. They need to hear form us.

In the exam I searched the Supp materials but could not find any answers. It seems to me they are still providing older MPEP, where searching would not always give you the right answers and then also providing the Supp material to overcome that confusion.
For example: 102(a) “in this country” is no longer just the USA, but anywhere in the world. But, MPEP still has the old ‘this country” only definition. Supplemental materials do not have 102, 103, 112 new stuff. From the dates they give in the questions not sure how to answer; from the MPEP or from your knowledge of the new 102(a)?

Reply

606 DaVinciNo Gravatar December 13, 2013 at 12:16 am

Let’s start discussing 102, 102, 112 and 101
102(a) – What is new?
– What is the cut-off date the new rules apply to?
( E.G if provisional filed before the cut-off date, but non-provisional prosecution start after the cutoff date how would the prior arts be applied?)
– When would USPTO test on new 102(a)?

Come up with a date-oriented question that we would answer and discuss

Reply

607 DaVinciNo Gravatar December 13, 2013 at 1:54 pm

Just spoke to a patent lawyer at the USPTO office who prepares the exam questions, and had a great discussion. Basically, for now they do not have the manpower to release any questions and answer database at the PTO. It takes more than 6 months to test/retest out all the new questions and then be released for the exams. I was surprised to find out about Prometric’s involvement in the grading process. It is huge; I thought Prometric just provided the computers for us, but not so. It compares how everybody answered a particular question and takes that into account while calculating the scores. There are ten beta questions.
I told him about MPEP being old. He was very understanding. He said MPEP is only for the examiners’ internal use, and we should rely on other materials to learn stuff also, not just MPEP or the Supplemental Materials. He stated that there would be some changes made to the MPEP for the January exam and the newer stuff would be in that exam. He agreed with me that the old exams are not that helpful anymore.
I was thinking of taking it in February while the stuff is still fresh in my mind, but I think I will wait till December 2014, when the questions might be settled a bit and a newer MPEP would be provided.
He recommends that we write/fax to the Director of OED regarding how we feel about the exam and if a Q&A database could be released. The Fax number is 1-571-273-0074.

He also recommends for us to come up with our own questions and answers, and learn that way through discussions.
Good luck and Congratulations if you have passed the exam lately.

Reply

608 BfusionNo Gravatar December 14, 2013 at 10:01 am

That’s really great information DaVinci! Nice work with that! Agreed…I’ll put the word out to fax/get in touch with the OED director and inquire about having a Q&A database released.

Reply

609 oathNo Gravatar March 25, 2014 at 8:46 pm

This the classic case of what is called bait. Divinci starts the dialogue. Fusion jumps in. Then others. The truth of the matter is that it is the same guy baiting you for questions. He then places the answers from various sources on his paid website. Classic 3 card Monte with everyone in the crowd in on it except you and what’s worse if you fall for the scam. Your reward is to fail the exam and hapilly give up some answers. Check out to me go forming.

610 MO2014No Gravatar December 14, 2013 at 2:26 pm

Davinci and Bfusion,
when the new stuff will start in January? could you also point out where to find the supplemental material on USPTO website.
Thanks
MO2014

Reply

611 BfusionNo Gravatar December 14, 2013 at 7:47 pm

MO2014,

The exam (as far as we’ve been told) will change Jan 24th, 2014. BUT, they’ve mentioned (USPTO) that starting Jan 21st, the exam could/might go through a transition phase (possibly no test dates available).

DaVinci & MO2014,

Be glad to help out as I can. I understand logging in to talk/discuss. I’d like to help try to foster more organized studying and discussions (as you all know, wading through this site to find material can be daunting). And I can even begin to post a questions we’ve written (for Wysebridge PRO) now and then on the Wysebridge forum to help aid studying as well.

Hang in there (to those studying).

Reply

612 MO2014No Gravatar December 14, 2013 at 8:08 pm

Bfusion,
That will be great help to post those questions.
Thanks
MO2014

613 DaVinciNo Gravatar December 16, 2013 at 3:18 am

BFusion,

Is there a way to remove older postings from this site? We don’t need anything before 2011. And remove all the statistics from the old exams at the very beginning of the posting? That will shorten the search and would be more relevant. Just a thought!

614 DaVinciNo Gravatar December 13, 2013 at 8:52 pm

Congratulations Nicole! Wonderful job. You are giving me hope. You passed right before the other new stuff; great job!
I have never taken any courses and wondering if it is worth the buck! I have never worked at a IP firm either. How much does the PLI course cost?

Reply

615 NicoleNo Gravatar December 17, 2013 at 3:41 pm

Thank you! It’s a relief for sure. As for the course, I obviously can’t speak on what it’s like to prepare for the test without a course but from my experience, I really do think that PLI has it down. I would say that I put in the minimum amount of time (maybe less) of what is suggested, yet I still felt like I passed fairly easily.

Unfortunately, though, it is quite expensive. I looked at the site and it runs close to $3000 (closer to $2000 if you have an .edu email address). I am extraordinarily lucky that my firm paid for the prep and exam expenses, so I was able to do whatever I wanted. I know that if it had been on my dime, though, it just wouldn’t be in my budget.

That being said, if this exam is very important to you and you can manage the price, I would recommend PLI 100%. It taught me everything I needed to know, hardly anything I didn’t, and put it all in terms that I could understand. John White is also very good with actually responding (and fairly quickly at that) to the annoying number of questions I had throughout the course.

Again, I don’t know if you can justify spending that much on the course but if you can, I don’t see how you can fail if you follow the PLI method.

Reply

616 Pat13No Gravatar December 15, 2013 at 8:04 pm

Hi everyone, I’m a newbie here.
I took the patent bar last week and did not pass (66%). I agree with most of the reviews above regarding recent exams. The repeat questions took up less than 5, in my case. I definitely felt the need for new materials for preparation. I only studied with my old PLI cources (2003 version). Does anyone know what kind of prep-materils (e.g., omni patent) would be most helpful? There are bunch of websites out there, so I don’t know which is reliable…

Reply

617 BfusionNo Gravatar December 16, 2013 at 10:46 am

Hey Pat13,

Sorry to hear about the result, but..hang in there. 66% is a GOOD start, and you aren’t starting over from scratch the next time..you just have to build a little.

BTW (if you didn’t know) the exam is changing Jan 24th, 2014 to incorporate more material, so if possible, try to take it before then. If not, My suggestion, wait till at least end of Feb-Early March to take it again (to give us/people time to figure out the new exam some more to help you better prepare).

I’m of course bias seeing how I came from tutoring and helping others here on this site to start up Wysebridge Patent Bar Review, to try and help make the studying process more streamlined and focused on learning the information and skills to pass (and being as hands on and involved with each test-taker as possible).

So, I’d be glad to talk with you/answer any questions you might have, and if you want, put you in contact with people who are using and have utilized our study program and materials. Other than that, you can also peruse through the posts here about the program too.

All the best to you!

~Bfusion
http://www.wysebridge.com/

Reply

618 MO2014No Gravatar December 16, 2013 at 2:28 pm

Pat13,
I am sorry , you were very close and I feel you will nail next time then. Could you please help us what most of the questions about the new stuff are? which topics?
Thank you
MO2014

Reply

619 DaVinciNo Gravatar December 16, 2013 at 5:48 pm

When I spoke to the Patent lawyer at the USPTO, he told me that exam takers have all signed NDA agreement with the USPTO via Prometric registration, so should not discuss exam questions on this site. Which is a big disadvantage to us; but I guess we have to follow the rules. I posted a couple without realizing that I must have signed the NDA. I am not sure how much PLI and other vendors discuss actual past exam questions based on AIA.

Reply

620 BfusionNo Gravatar December 16, 2013 at 8:50 pm

DaVinci,

Yeah. You now sign a NDA that makes a LOT of things REALLY grey (in theory, one is prohibited from discussing anything about the exam, at all).

But especially sharing questions (hence why we’ve been writing our own and sourcing as much as we can to help individuals study).

We’ve also been updating past questions when the AIA applies to highlight the rule changes.

Reply

621 FreeTheBarNo Gravatar December 17, 2013 at 2:49 pm

Hi Davinci and others,

I am planning to post hypothetical test cases on this webpage and an anonymous blog. We need to take the patbar back from PLI and other paid resources. There is a new director of the USPTO. She is not like the old guy. We should also speak out against the idea of the NDA.

It is discriminatory because only people who took the bar before the NDA can technically teach a patent bar therefore is unconstitutional. PLI and the paid courses anyways include these questions indirectly by referencing the MPEP sections in their course materials. So it is a measure to support this paid lobby.

So here is what I suggest new posters do after the exam. Paste quotes from the MPEP for questions they encountered. You don’t have to quote the direct hypo used. Make one up with standard names. Let’s build on this.

Just change the Hypo to basic facts and point to the MPEP. I will provide concrete examples of this. We can still do stuff legally. An NDA prohibits disclosing what you get not what is in the public domain. You already know what is in the MPEP. So discuss that.

DaVinci, let’s get this done together. Let’s plan a blog or something which will always be free. I am tired of paying for silly things.

Reply

622 DaVinciNo Gravatar March 15, 2014 at 2:17 am

Where are we on this one? Are we starting to discuss the patent exam? It has been quite for a few months. I have not taken it this year yet. it would be nice to hear from others who took it recently.

BFusion, and FreeTheBar
are you guys working on something?

Reply

623 DaVinciNo Gravatar December 18, 2013 at 1:08 pm

I don’t think trying to undo NDA would work; we are talking USPTO here. Most law bar exams have NDA agreement, but people somehow manage to overcome it.

Hypothetical questions should be fine, but have to make sure people are not asking to the patent barpssers to post the questions and answers, and the exam-takers posting them. Somehow if the moderator would put a warning might work or someone moderating would also work.

Reply

624 FreeTheBarNo Gravatar December 18, 2013 at 2:16 pm

Well posting MPEP sections is what PLI does. So you can do that. Also MPEP section being tested is the law which is public knowledge. I don’t think I will post on Wysebridge. I don’t trust commercial me too people. Mypatbar has been good on that count.

This isn’t breaking the NDA unless you post stuff like indefinite Claim using ‘high’ the answer is C. You are free to discuss the MPEP sections on the exam which is public domain material. This is a recognized exception to non-disclosures. What is part of the body of law isn’t protected from discussion. So yes it is possible to do this.

Reply

625 BfusionNo Gravatar December 18, 2013 at 2:39 pm

In OTHER news:

Got some updates from the USPTO:

There will be a new program implemented (well, scheduled to be implemented) in January where any test taker who failed can review their prior exam at the Prometric center where they took their test.

this means: YOU NO LONGER HAVE TO FLY TO DC! When it’s implemented, the news will be posted on the OED website!

It’s a far cry from having the NDA overturned, but..it’s good news for people who take it and want to review their answers!

Reply

626 DaVinciNo Gravatar December 19, 2013 at 3:19 pm

BFusion
That is a great news about reviewing the answers. I think that will help everyone. Hopefully it would be soon. I am guessing not too many people would take exams until the program is released by the USPTO.

Thanks again. I would like to discuss some hypos now.

Reply

627 BTDTNo Gravatar January 2, 2014 at 11:03 am

Called the PTO and they said that this on site exam review was merely a proposal and that there is real concern that this will compromise the question pool should one copy of an existing exam get out at the various Prometrics sites. I left with the opinion this was never going to be implemented and that the OED staff do not want to compromise their existing security measures to prevent public dislosure of the question pool.

Please do your own due dilligence, as calling a federal agency whether its the USPTO or the IRS for specific information regarding agency policy and procedures, especially those that are not officially reduced to written code and regulations will seldom be either consistant or reliable.

Reply

628 FreeTheBarNo Gravatar December 26, 2013 at 6:07 pm

I vote to stick with this forum. Please expect multiple updates on MPEP sections. I have plenty of them now. Thanks.

Reply

629 NicolaNo Gravatar December 29, 2013 at 8:22 pm

Me too, The discussions on this site are a great education, I am doing the thing so many past posters have done trawling this site to build my own question bank, spending the time filtering out the wrong analysis is hopefully good training too,

Reply

630 DaVinciNo Gravatar December 28, 2013 at 1:59 pm

It is good to get comments on Wysebridge. This should help Bfusion to make changes to make it more user-friendly format. Until then we could continue to use this site, but must be careful about the NDA we have with the PTO.

Bfusion, Have you addressed those issues in WB? Your comments would be helpful.

Thanks for your help.
HAPPY NEW YEAR TO EVERYONE!

Reply

631 DaVinciNo Gravatar January 1, 2014 at 4:40 pm

In the mean time can we discuss the basic changes that took place in 101, 102, 103, 112 etc and cite the relevant MPEP sections and/or the Supplemental materials?

Have a great 2014! Hope we all pass this year.<