47. Which of the following, if any, is true?
(A) The loser in an interference in the PTO is estopped from later claiming he or she
was the first to invent in a Federal District Court since the loser must win in the
PTO or he/she will lose the right to contest priority.
(B) 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.
(C) A practitioner may not represent spouses, family members or relatives before the
PTO since such representation inherently creates a conflict of interest and a
practitioner is likely to engage in favoritism over his/her other clients.
(D) Employees of the PTO may not apply for a patent during the period of their
employment and for two years thereafter.
(E) None of the above.
47. ANSWER: (B). Any person at any time may file a request for reexamination. 35 U.S.C. §
302. As to (A) loser may appeal to District Court under 35 U.S.C. § 146. As to (C), there is no
prohibition regarding spouses, family members, and other relatives. As to (D) according to 35
U.S.C. § 4, employees are prohibited during the period of their employment and one year
thereafter. As to (E), (B) is true.
had this one on 5/18/11
Had this one but a variant with a senior party is the one with the earliest date.
Got this one on 3/19/12-or a very similar variant. Answer was the same.
Got this. 06.30.2012
VARIANT on 3/30/13. “reexamination” in choice (B) was changed to “ex parte reexamination.” “and for two years thereafter” was deleted from choice (D). Answer was the same.