Patent Bar case studies
Patent Bar · Put your knowledge to work in context.
The Patent Bar - formally the registration examination for patent practitioners - is the USPTO's gatekeeping test for individuals who want to practice before the Office in patent matters. Passing it is one route to registration as a patent attorney or patent agent; candidates typically include law students and attorneys with technical backgrounds, and scientists or engineers preparing to draft and prosecute applications. The Patent Bar case studies are 5 cases and about 2,919 words.
1The Inventor Who Signed a Nondisclosure Agreement After Filing
On March 3, 2023, inventor Dana filed a provisional application describing a novel chromatography column, including a claim-style paragraph and one figure. On August 12, 2023, Dana presented the column at a trade show and sold two units.
626 words, about 3 min2Restriction, Election, and the Cost of a Traverse
An examiner issues a restriction requirement in a application with claims to (1) a machine for extruding pasta and (2) a method of cleaning the machine using a particular solvent. The examiner asserts the claims are directed to distinct inventions, that the machine and method are not connected by a special technical feature, and that the search burden is separate.
618 words, about 3 min3The Examiner's Final Rejection and the After-Final Tightrope
After a first action non-final rejection under 102(a)(1) and 103, the applicant filed a response amending claim 1 to add a limitation taken verbatim from paragraph [0042] of the specification. The examiner issues a final rejection, asserting the new limitation is not supported by the specification and that the prior art still teaches the remainder.
624 words, about 3 min4Inventor Declarations, Assignment, and the Uncooperative Co-Inventor
A nonprovisional application lists three inventors: Ana, Ben, and Cara. Ana and Ben assigned their rights to Acme Corp.
542 words, about 3 min5The Practitioner's Conflict: Prior Art Knowledge and the Duty of Candor
You represent a client, NovaTech, in prosecuting a patent on a battery separator. During prosecution, you learn from a former NovaTech engineer that NovaTech sold 50 units of a prototype separator to a university lab in 2022, before the application's 2023 filing date.
509 words, about 3 min