2025 Patent

Question 1

What are the three main types of patents?

Answer 1

Utility, Design, and Plant patents.

Question 2

Which statute governs patentable subject matter?

Answer 2

35 U.S.C. §101.

Question 3

What statute addresses novelty?

Answer 3

35 U.S.C. §102.

Question 4

What statute governs non-obviousness?

Answer 4

35 U.S.C. §103.

Question 5

What does 35 U.S.C. §112 cover?

Answer 5

Specification and claim requirements.

Question 6

What is a provisional patent application?

Answer 6

A low-cost, unexamined application that expires after 12 months.

Question 7

What are the components of a non-provisional application?

Answer 7

Specification, at least one claim, drawings (if needed), oath/declaration, and fees.

Question 8

What is a continuation application?

Answer 8

A new application for the same invention without new subject matter.

Question 9

What is a CIP application?

Answer 9

A continuation-in-part that includes new subject matter.

Question 10

What is a divisional application?

Answer 10

An application for a distinct invention carved out from a restriction requirement.

Question 11

What are the four categories of patentable subject matter under §101?

Answer 11

Process, Machine, Manufacture, and Composition of matter.

Question 12

What does utility under §101 require?

Answer 12

Specific, substantial, and credible utility.

Question 13

What types of prior art are addressed under §102(a)(1)?

Answer 13

Publications, public use, on sale, and otherwise available to the public.

Question 14

What does §102(b)(1) provide?

Answer 14

Grace period exceptions to §102(a)(1).

Question 15

What is required under §112 for enablement?

Answer 15

The disclosure must teach one skilled in the art to make and use the invention.

Question 16

What is an anticipation rejection?

Answer 16

A rejection under §102 where a single prior art reference discloses every element.

Question 17

What is an obviousness rejection?

Answer 17

A rejection under §103 based on a combination of references.

Question 18

What is double patenting?

Answer 18

Attempting to patent the same invention twice.

Question 19

What is a terminal disclaimer used for?

Answer 19

To overcome an obviousness-type double patenting rejection.

Question 20

What is the difference between a rejection and an objection?

Answer 20

Rejections are based on law; objections are based on rules.

Question 21

What are the two types of Office Actions?

Answer 21

Non-final and Final.

Question 22

Where can appeals from PTAB decisions be filed?

Answer 22

Court of Appeals for the Federal Circuit (CAFC).

Question 23

What is the role of a petition in USPTO practice?

Answer 23

To challenge an objection, not a rejection.

Question 24

What is a restriction requirement?

Answer 24

A requirement to elect one invention when multiple are claimed.

Question 25

What are examiner interviews used for?

Answer 25

To clarify issues and possibly advance prosecution.

Question 26

What does PCT stand for?

Answer 26

Patent Cooperation Treaty.

Question 27

When must national stage entry be made in the U.S.?

Answer 27

Within 30 months of the priority date.

Question 28

What is the purpose of the international stage?

Answer 28

To conduct prior art search and provide a written opinion.

Question 29

What does entering the national stage under §371 require?

Answer 29

Fees, oath/declaration, and possibly a translation.

Question 30

What is WIPO?

Answer 30

World Intellectual Property Organization; publishes PCT applications.

Question 31

Who may apply for a U.S. patent?

Answer 31

The inventor(s), an assignee, or a person with proprietary interest.

Question 32

What does an oath or declaration include?

Answer 32

Inventor name, residence, and belief in inventorship.

Question 33

What is an ADS?

Answer 33

Application Data Sheet; includes bibliographic info.

Question 34

When must an assignment be recorded?

Answer 34

Promptly to ensure rights are preserved.

Question 35

What if an inventor is unavailable?

Answer 35

A substitute statement may be filed.

Question 36

When are utility patent maintenance fees due?

Answer 36

At 3.5, 7.5, and 11.5 years.

Question 37

What is a small entity?

Answer 37

An individual, small business, or nonprofit eligible for reduced fees.

Question 38

What is a micro entity?

Answer 38

A small entity meeting income and filing thresholds for further fee reduction.

Question 39

What fees are required for non-provisional applications?

Answer 39

Filing, search, examination, and possible size/excess claims fees.

Question 40

What happens if maintenance fees are not paid?

Answer 40

The patent expires.

Question 41

When are patent applications published?

Answer 41

18 months after the earliest filing date.

Question 42

What are provisional rights?

Answer 42

The right to reasonable royalties after publication if certain conditions are met.

Question 43

What is a reissue application?

Answer 43

An application to correct an error in an issued patent.

Question 44

What is a certificate of correction?

Answer 44

A document correcting minor errors in an issued patent.

Question 45

What is a secrecy order?

Answer 45

An order preventing disclosure of a sensitive invention for national security reasons.