Risk Assessment & Mitigation Flashcards
7 cards from real PPC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Risk Assessment & Mitigation flashcards as text
A client asks a patent paralegal to evaluate whether a competitor's product infringes their patent. What is the primary risk-management concern in this scenario?
Answer: Providing infringement opinions constitutes the unauthorized practice of law and must be escalated to a supervising attorney
Rendering legal opinions on patent infringement constitutes the practice of law, which paralegals are prohibited from performing independently under professional responsibility rules.
A client's patent portfolio includes a patent that has been in litigation for three years. During annual maintenance fee review, the paralegal notes the 7.5-year fee is due in 45 days. What action minimizes risk?
Answer: Alert the supervising attorney immediately and confirm whether the patent should be maintained given litigation strategy
Maintenance fee decisions for patents under litigation require attorney input because abandonment or maintenance may affect litigation strategy and settlement leverage.
Which of the following scenarios most clearly represents a conflict of interest risk that a patent paralegal must flag?
Answer: Being asked to work on a matter for Company B whose patent claims are being asserted against current client Company A
Representing adverse parties in the same or substantially related matters constitutes a conflict of interest that must be flagged under professional responsibility rules.
A company files a patent application but fails to disclose a highly relevant prior art reference known to its chief technology officer. What doctrine could later render the patent unenforceable?
Answer: Inequitable conduct
Inequitable conduct occurs when an applicant knowingly withholds material prior art with intent to deceive the USPTO, potentially rendering the patent permanently unenforceable.
A paralegal is assisting with an inter partes review (IPR) petition. The petition must be filed within what timeframe after service of a complaint alleging infringement of the challenged patent?
Answer: One year
Under 35 U.S.C. § 315(b), an IPR petition is time-barred if filed more than one year after the petitioner was served with a complaint alleging infringement of the patent.
When conducting a freedom-to-operate (FTO) search, which risk category is most critical to identify?
Answer: Issued, in-force patents with claims that read on the client's planned product or process
An FTO analysis focuses on identifying active, in-force patents with claims broad enough to cover the client's commercial activities, since only such patents pose immediate infringement risk.
A provisional patent application is filed on July 1, 2024. What is the latest date to file a nonprovisional application claiming priority to it, and what happens if that date is missed?
Answer: July 1, 2025; the priority benefit is lost and any public disclosures may now serve as prior art
A provisional application expires 12 months after filing under 35 U.S.C. § 111(b)(5), and missing the nonprovisional filing deadline results in permanent loss of the provisional's priority date.