QiYao-Wang/IPEval huggingface dataset:
Question: While researching heart disease, Dr. Able developed a process for preparing compounds which exert "strongly saluretic [sodium expelling] and diuretic [water expelling] effects." Dr. Able found that these compounds were useful also in the treatment of heart conditions and hypertension. Dr. Able's compounds are substituted dihydrobenzothiadiazines having an "R" group at position 3 of the benzothiadiazine nucleus wherein R is selected from the group consisting of phenyl, benzyl, and phenethyl. You prepare a patent application on Dr. Able's invention and file the application in the PTO on August 5, 1996. The sole original claim is as follows: A substituted dihydrobenzothiadiazine compound wherein the only variable is an "R" group at position 3 of the benzothiadiazine nucleus, said "R" group being selected from the group consisting of phenyl, benzyl, and phenethyl, and said compound exerting strong saluretic and diuretic effects and being useful in the treatment of heart conditions and hypertension. In the first Office action, the claim is rejected under 35 U.S.C. § 102(e) as unpatentable over the Baker patent, which issued June 25, 1998 on an application filed May 13, 1996. The Baker specification states that it is "a continuation-in-part application of my application Serial No. 123,456, filed September 29, 1995 (now abandoned)." The Baker patent relates to processes for preparing compounds having a generic formula which includes within its scope substituted dihydrobenzothiadiazine compounds, and a list of appropriate substituents disclosed by the Baker patent includes the compounds of Dr. Able's claim. One of the processes disclosed by Baker in the patent and in application '456 for preparing the compounds is identical to Dr. Able's process in all material respects. The '456 application discloses several closely related processes for preparing compounds having a generic formula identical to that disclosed in the issued patent. But the '456 application contained an even broader disclosure. Comparison of the generic disclosure and the nature of the substituents on the benzothiadiazine nucleus as disclosed in the Baker patent and the '456 application reveals that they both disclose the "R" group as including hydrogen, trifluoromethyl, benzyl, or phenethyl. In rejecting Dr. Able's claim, the examiner placed emphasis on Example 2 of the '456 application, particularly, the last paragraph, which stated that other reagents may be used in the preparation process employed in Example 2, and identified specific reagents, which if used would result in each of the compounds of Dr. Able's claim, i.e. compounds wherein the "R" group was phenyl, benzyl, or phenethyl. In reply to the Office action, you file an amendment limiting the variable of Dr. Able's claim to one of the following "R" groups. Which one is most likely to overcome the rejection?
A. phenyl
B. benzyl
C. phenethyl
D. trifluoromethyl
(category: patent，Chinese translation: 专利)
Question: Jones, a graduate student at ABC University, while engaged in a research project funded by a grant from a Fortune 500 company, conceived an invention for creating a smooth waveform display in a digital oscilloscope. After building and successfully testing the invention, Jones, pursuant to the grant instrument, assigned the invention rights to the Fortune 500 company. As patent counsel for the company, you prepared and filed a patent application directed to the invention. The application contains the following claim which is the sole claim in the application: A rasterizer for converting vector list data representing sample magnitudes of an input waveform into anti-aliased pixel illumination intensity data to be displayed on a display means comprising: (a) means for determining the vertical distance between the endpoints of each of the vectors in the data list; (b) means for determining the elevation of a row of pixels spanned by the vector, (c) means for normalizing the vertical distance and elevation; and (d) means for outputting illumination intensity data as a predetermined function of the normalized vertical distance and elevation. The specification in the application describes specific structure corresponding to each of the means for performing a specified function recited in the claim. Which of the following statements best characterizes the claim?
A. The claim reads on a digital computer means to perform the various steps under program control. Thus, it is proper to treat the claim as if it is drawn to a method.
B. The claim as a whole is directed to a mathematical algorithm.
C. The claim is directed to nonstatutory subject matter because during examination the means clauses are given their broadest interpretation and limitations in the specification are not imputed into the claim.
D. The claim as a whole is directed to a machine.
(category: patent, Chinese translation: 专利)
Question: A's patent specification discloses a personal computer comprising a microprocessor and a random access memory. There is no disclosure on the specification of a minimum amount of storage for the random access memory. In the preferred embodiment the microprocessor has a clock speed of 100-200 megahertz. The application originally included the following Claims 11 and 12 (among others), and Claim 13 was added by amendment after an office action: 11. A personal computer comprising a microprocessor and a random access memory including at least 1/2 gigabyte of storage. 12. The personal computer of Claim 11, in which the microprocessor has a clock speed of 170-200 megahertz. 13. The personal computer of Claim 12, in which the random access memory is greater than 1 gigabyte of storage. Which of the following statements is or are true about the claims with respect to 35 U.S.C. § 112, fourth paragraph?
A. Claim 11 is a proper independent claim
B. Claim 12 is a proper dependent claim.
C. Claim 13 is a proper dependent claim.
D. (A), (B), and (C).
(category: patent, Chinese translation: 专利)
Question: X received a patent on a satellite communications system, and has engaged you to advise her on seeking reissue with the following amended Claim 1: 1. A low orbit satellite communications system [for mobile terminals], wherein the communications antenna system of each satellite provides isoflux coverage made up of a plurality of [elongated] fan beams that are elongated in the travel direction of the satellite. The amended claim is supported by the original disclosure in X's patent. X is concerned about the applicability of reference A. During the original prosecution, the examiner rejected original Claim 1 as anticipated by A, but then the examiner changed her mind and allowed original Claim 1 over A. X is concerned that infringers of the patent will contend, as a defense to patent infringement, that original Claim 1 is in fact anticipated by A. X is also concerned that amended Claim 1, above, also is arguably anticipated by A. Which of the following statements is (are) true?
A. X may properly present amended Claim 1 in a reissue application filed at any time during the patent term.
B. As long as X files her reissue application within two years of the issuance of X's patent, X may properly present amended Claim 1 at any time during the prosecution of the reissue application or any continued prosecution applications arising from the reissue application, and no intent to broaden the claims was indicated in the oath or declaration within the two year period.
C. As long as X files her reissue application within two years of the issuance of X's patent, X may properly present amended Claim 1 at any time during the prosecution of the reissue application, but X may not properly present amended Claim 1 for the first time in a continued prosecution application arising from the reissue application unless X also filed that application within two years of the issuance of X's patent, and no intent to broaden the claims was indicated in the oath or declaration within the two year period.
D. Since the examiner considered reference A during the original prosecution of X's patent, but then allowed Claim 1, the examiner cannot apply reference A during the reissue proceeding to reject any claim that is narrower than original Claim 1.
(category: patent, Chinese translation: 专利)
Question: You have filed a complete plant patent application claiming a distinct and new plant variety, and claiming a method for obtaining the plant variety. Which, if any, of the following statements are false?
A. You may not amend the application to add additional description of the plant variety not contained in the original application, even if consistent and related to the original description and photograph of the plant.
B. The examiner may properly require you to deposit an adequate sample of the plant variety with an acceptable depository, and reject the claims under 35 U.S.C. § 112 pending the deposit.
C. The examiner may properly require you to elect which of the claims you want examined for ultimate issuance as the single claim to which you are entitled.
D. All of the above.
(category: new plant variety, Chinese translation: 新植物品种)
Question: An original claim in a patent application to a mechanical arts invention recites the limitation of "a screw" which is shown in an original application drawing. However, "a screw" does not appear in the original written description part of the application. Which of the following is correct?
A. The written description may not be properly amended to include "a screw."
B. The claim is indefinite with respect to "a screw."
C. The application lacks an enabling disclosure as to "a screw."
D. The claim is definite with respect to "a screw."
(category: patent, Chinese translation: 专利)
Question: For a certain chemical composition, the original written description sets forth a range of "35% - 80%" and specific examples of "40%" and "65%." A corresponding claim includes the limitation, added by amendment, of "at least 42%." There is no other range or specific example disclosed in the application. Which of the following is correct?
A. The claim limitation is indefinite.
B. The claim limitation is not supported by the written description.
C. The disclosure is enabling with respect to the claim limitation.
D. The claim limitation is within the scope of "35%- 80%" in the written description.
(category: patent, Chinese translation: 专利)
Question: The claims of an application limit a scanning device as having a specific angular view. A patent issues. One year after the patent issued, the patentee filed a reissue application with all required papers. As filed, the claims in the reissue application are amended to remove the limitations directed to the specific angular view. Which of the following is correct?
A. The patentee may not broaden his claims through reissue by removing the limitations directed to the specific angular view.
B. Since the patentee is removing a limitation, the claim is being narrowed.
C. The patent may not be modified after issuance.
D. The patentee may broaden claims through reissue by removing the limitation directed to the specific angular view.
(category: patent, Chinese translation: 专利)
Question: With regard to an art or technology that is considered to be unpredictable, which of the following is correct?
A. A patent cannot issue because the art is unpredictable.
B. Claims in an application need more detail than usual in order to be definite.
C. An applicant has an option as to which mode of the invention to set forth.
D. An applicant must pay a higher filing fee.
(category: patent, Chinese translation: 专利)
Question: Which of the following claim phrases may be used in accordance with proper PTO practice and procedure?
A. R is selected from the group consisting of A, B, C, or D.
B. R is selected from the group consisting of A, B, C, and D.
C. R is selected from the group comprising A, B, C, and D.
D. R is selected from the group comprising A, B, C, or D.
(category: patent, Chinese translation: 专利)
Question: Which of the following claims is (are) not in proper format?
A. A device for cooking small pieces of food comprising a basket including a mesh made of a material suitable for cooking small pieces of food, said mesh comprising a bottom, a rear wall, a front wall, and two side walls, wherein the two side walls are joined to the front and rear walls and the rear wall is higher than the front wall such that the entire device fits completely within conventional covered outdoor barbecue grills and such that the higher rear wall facilitates turning over the small pieces of food when the device is shaken.
B. A mesh basket for cooking food comprising a bottom, a rear wall, a front wall, and two side walls, wherein the side walls are joined to the front and rear walls and the rear wall is higher than the front wall such that the entire basket fits completely within conventional covered outdoor barbecue grills.
C. A device for grilling small pieces of food comprising a bottom, a rear wall, a front wall, and two side walls, wherein the two side walls are joined to the front and rear walls and the rear wall is higher than the front wall, and wherein the walls are made of a mesh material suitable for cooking or grilling small pieces of food.
D. (A) and (B).
(category: patent, Chinese translation: 专利)
Question: Which of the following statements is (are) true?
A. A claim may not be dependent on any claim which is itself a dependent claim.
B. A dependent claim may not contain means-plus-function limitations.
C. A dependent claim will always be infringed by any device that would also infringe the base claim from which it depends.
D. Any dependent claim may be re-drafted as an independent claim.
(category: patent, Chinese translation: 专利)
Question: Which of the following is false?
A. The meaning of terms in a claim should be ascertainable by reference to the description in the specification.
B. While a term used in a claim may be given a special meaning in the description, no term may be given a meaning repugnant to the usual meaning of the term.
C. Trademarks may be used in claims only if each letter in the trademark is capitalized.
D. Claims may not contain tables or chemical or mathematical formulas.
(category: patent, Chinese translation: 专利)
Question: The claim below is incomplete because it is missing limitation (iii). A seating device comprising: (i) a base member having four parallel edges, and opposing first and second sides; (ii) a back member connected to one of the edges of the base member forming a right angle with said first side; (iii)___ (iv) a pair of arm members connected to said back member and said first and second leg members, wherein said arm members are capable of supporting the arms of a person sitting in the seating device. Of the following choices, which would be the best to complete the claim by providing the missing limitation (iii)?
A. a set of leg members connected to the second side of said base member;
B. a first pair of leg members connected to the second side of said base member at the same edge as the back member, and a second pair of leg members connected to the opposite edge of said support member
C. first, second, third, and fourth leg members connected to said underside of said base member,
D. first, second, third, and fourth leg members connected to said second side of said base member, each edge having a leg member adjacent to said edge, wherein said leg members are parallel to each other;
(category: patent, Chinese translation: 专利)
Question: Applicant filed a patent application claiming a polyester. The application discloses that the claimed polyester having structural formula R-R' is used to form a stain resistant fabric. The examiner properly rejected the claims as unpatentable over prior art disclosing the claimed polyester having structural formula R-R' and its use to form various fabrics. Given the fact that applicant's specification discloses that the polyester may be produced by a process comprising steps A, B, C, and D, and such process is novel and unobvious, which of the following claims, if introduced by amendment, would overcome the rejection?
A. A polyester having structural formula R-R' used to form a stain resistant fabric, the polyester being produced by the process comprising the steps A, B, C, and D
B. A polyester-producing process comprising steps A, B, C, and D, said process resulting in a polyester having structural formula R-R' capable of forming a stain resistant fabric.
C. A polyester produced by the process comprising the steps A, B, C, and D
D. A polyester comprising the resultant product of steps A, B, C, and D
(category: patent, Chinese translation: 专利)
Question: Your client comes to you with a new ornamental design for a bowling pin. Which of the following would be proper claim language for your client's design?
A. The ornamental design for a bowling pin.
B. The ornamental design for a bowling pin as shown and described.
C. The ornamental design for sports equipment as shown.
D. A unique configuration and surface ornamentation for a bowling pin.
(category: design patent, Chinese translation: 设计专利)
Question: Your client's bowling pin includes both a unique functional structure and unique surface ornamentation. You decide that it would be beneficial to protect the unique structure and the unique surface ornamentation separate and apart from one another. Which of the following would be an appropriate action for separately protecting the unique functional structure of the bowling pin?
A. Draft a dependent claim covering the unique functional structure and file it in the same design application as the claim covering the entire design of the bowling pin.
B. File a separate utility application claiming only the unique functional structure of the bowling pin.
C. File a separate design application claiming only the unique surface ornamentation of the bowling pin.
D. File a separate utility application claiming a unique method for making a wooden bowling pin having the unique functional structure.
(category: patent, Chinese translation: 专利)
Question: Which of the following requirements of 35 U.S.C. § 112 do NOT apply to design patent claims?
A. The written description requirement of the first paragraph.
B. The best mode requirement of the first paragraph.
C. The requirement in the second paragraph to distinctly claim the subject matter which the applicant regards as his invention.
D. The requirement in the third paragraph for an independent claim.
(category: patent, Chinese translation: 专利)
Question: Applicant's patent application is directed to a light sensitive dental reconstruction compound comprising a polymer and non-reactive metal blend having a set point activated by ultraviolet light. The polymer is made from at least 60% by weight monomer X, and at least 0.1% by weight monomer Y. 74%, 79%, and 85% are exemplary weight percentages of monomer X, with the respective weight percentage balances of the polymer being monomer Y. Set point is defined as the phase change when the amorphous polymer transforms to a hard, rigid, enamel-like state from a soft, flexible, rubbery state. The set point is directly related to the types of monomer selected and monomer proportions selected. A prior art reference properly cited against the application discloses a dental reconstruction compound comprised of polymer and non-reactive metal blends made from the same monomers, and the same proportions as that disclosed by applicant. The prior art reference does not disclose the method of inducing a set point by exposing the compound to ultra-violet light. The reference compositions are disclosed as being used in veterinary dentistry. Which of the following claims, if any, is (are) patentable over the reference?
A. A light sensitive dental reconstruction compound comprising a polymer and non-reactive metal blend, said polymer comprising at least 60% by weight monomer X, and at least 0.1% by weight monomer Y, wherein a set point is induced using ultra-violet light.
B. A light sensitive dental reconstruction compound comprising a polymer and non-reactive metal blend, said polymer comprising 74% by weight monomer X, and the balance monomer Y, wherein a set point is induced using ultra-violet light.
C. A dental reconstruction compound comprising a polymer and non-reactive metal blend, said polymer comprising 79% by weight monomer X, and the balance monomer Y, wherein a set point is induced using ultra-violet light.
D. (A) and (B).
(category: patent, Chinese translation: 专利)
Question: Which, if any, of the following claims is (are) improper?
A. A gadget as in any one of the preceding claims, in which ...
B. A gadget according to Claims 3 and 4, further comprising ...
C. A gadget according to Claims I-3, in which ...
D. A gadget according to Claim 3 or 4, further comprising ...
(category: patent, Chinese translation: 专利)
Question: Given the following information regarding three claims: (i) A claim refers to "said lever" where the claim contains no earlier recitation or limitation of a lever, (ii) A claim initially refers to "an aluminum lever,' and "a plastic lever" and thereafter refers to "said lever"; and (iii) A claim initially refers to a "controlled stream of fluid" and thereafter refers to *the controlled fluid, which of the following statements is correct?
A. The claims in (i), (ii) and (iii) are all definite.
B. The claims in (i) and (ii) are definite; and the claim in (iii) is indefinite.
C. The claim in (i) is indefinite; and the claims in (ii) and (iii) are definite.
D. The claims (i) and (ii) are indefinite; and the claim in (iii) is definite.
(category: patent, Chinese translation: 专利)
Question: Which of the following statements is true? (i)An applicant cannot use a patent to prove the state of the art for the purpose of the enablement requirement if the patent has an issue date later than the effective filing date of the application. (ii) A publication dated after the effective filing date of an application may be properly used to demonstrate that an application is nonenabling if the publication provides evidence of what one skilled in the art would have known on or before the application's effective filing date.(iii) The state of the art existing at the issue date of the patent is used to determine whether a particular disclosure in the patent is enabling.
A. (i), (ii) and (iii) are all true.
B. (i) and (ii) are true, (iii) is false.
C. (i) is false; (ii) and (iii) are true.
D. (i) is true, (ii) and (iii) are false.
(category: patent, Chinese translation: 专利)
Question: Which of the following expressions, when found in a claim, comply with the provisions of the second paragraph 35 U.S.C. § 112?
A. containing A, B, and optionally C ...
B. material such as rock, wool or asbestos ...
C. lighter hydrocarbons, such, for example, as the vapors or gas produced ...
D. normal operating conditions such as while in the container of a proportioner
(category: patent, Chinese translation: 专利)
Question: Which of the following is not a correct statement regarding the consideration of asserted therapeutic or pharmacological utility?
A. Evidence of pharmacological or other biological activity of a compound will be relevant to an asserted therapeutic use if there is reasonable correlation between the activity in question and the asserted utility.
B. An applicant can establish a correlation by relying on statistically relevant data documenting the activity of a compound or composition which is claimed.
C. The applicant does not have to prove that a correlation exists between a particular activity and an asserted therapeutic use of a compound as a matter of statistical certainty.
D. An applicant must provide evidence of success in treating humans where such a utility is disclosed.
(category: patent, Chinese translation: 专利)