Patent Bar Exam Post-Grant Proceedings 3

Question 1

What is the Patent Trial and Appeal Board (PTAB)?

Accepted Answer

The USPTO administrative tribunal that conducts IPR, PGR, derivation proceedings, and ex parte appeals

Answer

A federal appellate court for patent disputes established by Congress

Answer

An international body that reviews patent validity under the PCT

Answer

A committee within the USPTO that reviews examiner salary disputes

Question 2

As of November 13, 2018, what claim construction standard does PTAB apply in IPR and PGR proceedings?

Accepted Answer

The Phillips standard—ordinary and customary meaning to a person of ordinary skill in the art

Answer

Broadest Reasonable Interpretation (BRI) as used during patent prosecution

Answer

Plain meaning based solely on dictionary definitions

Answer

The same standard as the International Trade Commission (ITC)

Question 3

Within how many months of the petition filing date may a patent owner file a preliminary response to an IPR or PGR petition?

Accepted Answer

3 months

Answer

1 month

Answer

2 months

Answer

6 months

Question 4

Which of the following is NOT an available post-grant proceeding at the USPTO?

Accepted Answer

Inter Partes Opposition

Answer

Inter Partes Review (IPR)

Answer

Post-Grant Review (PGR)

Answer

Supplemental Examination

Question 5

In a PGR or IPR proceeding, what must a petitioner include in the petition regarding the basis for challenging a patent claim?

Accepted Answer

Identification of challenged claims, specific grounds of challenge, evidence, and detailed explanation supporting each ground

Answer

Only the claim numbers being challenged

Answer

A general statement that the claims are invalid without specific prior art

Answer

A declaration from the petitioner's attorney certifying belief in invalidity

Question 6

What is the 'real party in interest' requirement in IPR and PGR petitions?

Accepted Answer

The petition must identify all real parties in interest, and their activities are attributed to the petitioner for standing and estoppel purposes

Answer

The petitioner must own a competing patent in the same field

Answer

Only the named petitioner's prior actions affect IPR standing

Answer

The real party in interest must be disclosed only if requested by the patent owner

Question 7

After the USPTO institutes an IPR, what must happen before a petitioner can raise new grounds of unpatentability not included in the original petition?

Accepted Answer

New grounds may only be raised with PTAB authorization, such as in a reply if the patent owner introduces new claim construction arguments

Answer

The petitioner may freely add new grounds at any time during the proceeding

Answer

New grounds may be added within 30 days of institution as a matter of right

Answer

New grounds require the patent owner's written consent