Patent Office Proceedings - Module 3 of 5

Question 1

Which of the following proceedings can be used to challenge a patent that issued in 2009?

Post-Grant Review

Inter Partes Review

Derivation Proceedings

Ex Parte Reexamination

Question 2

Which of the following proceedings can be filed by the owner of the patent?

Post-Grant Review

Inter Partes Review

Covered Business Method Review

Ex Parte Reexamination

Question 3

Which of the following is the most popular of the new proceedings established by the America Invents Act?

Post-Grant Review

Inter Partes Review

Covered Business Method Review

Derivation Proceedings

Question 4

Which of the following is NOT TRUE regarding Post-Grant Review proceedings?

Can be filed by a party after it has been sued for infringement in District Court.

Can only challenge the patent based on invalidity and obviousness.

Estoppel applies to any grounds that were raised or reasonably could have been raised in the petition.

Can only challenge a patent issued within the prior nine months.

Question 5

Which of the following is NOT TRUE regarding Inter Partes Review proceedings?

Can be filed by a party after it has been sued for infringement in District Court.

Can only challenge the patent based on invalidity and obviousness.

Estoppel applies to any grounds that were raised or reasonably could have been raised in the petition.

Can only challenge a patent issued within the prior nine months.

Question 6

Which of the following can be used to challenge the inventorship of a patent issued in 2009?

Post-Grant Review

Inter Partes Review

Interference Proceedings

Derivation Proceedings

Question 7

Which of the following proceedings generally allow the most extensive discovery?

Post-Grant Review

Inter Partes Review

Ex Parte Reexamination

Supplemental Examination

Question 8

TRUE or FALSE: The prior art submitted in support of an ex parte reexamination is limited to patents and printed publications.

True

False

Question 9

TRUE or FALSE: During a Post Grant Review, a patent owner can file a motion to amend a patent claim and introduce new subject matter.

True

False

Question 10

Assume Google and Amazon independently created an identical new speaker, and Google obtained a patent on July 1, 2019. Which of the following is NOT TRUE?

Amazon can file an ex parte reexamination request if Amazon is aware of prior art patents that might invalidate one or more claims of Google’s patent.

Amazon can file a derivation proceeding if it has evidence that Google derived the invention from someone at Amazon who did not authorize the patent filing.

Google can file an ex parte reexamination request if it becomes aware of prior art that it did not disclose to the Patent Office.

Google can file a Post Grant Review petition if it becomes aware of prior art that it did not disclose to the Patent Office.