QiYao-Wang/IPEval huggingface dataset:
Question: A practitioner submitted a new patent application to the PTO using the Express Mail service of the U.S. Postal Service. The PTO never receives the new patent application. Which of the following is not necessary to comply with the requirements for receiving the date of deposit with the U.S. Postal Service as the filing date?
A. A petition showing that the number of the Express Mail mailing label was placed on the application before the application was sent.
B. A true copy of the new application showing certificate of mailing thereon signed by the practitioner's secretary stating when the correspondence was deposited with the U.S. Postal Service as first class mail with sufficient postage in an envelope addressed to the Commissioner of Patents and Trademarks, Washington, DC 20231.
C. A true copy of the Express Mail mailing label showing the "date-in" or other official notation entered by the U.S. Postal Service.
D. A true copy of the new application showing the number of the Express Mail mailing label thereon.
(category: patent, Chinese translation: 专利)
Question: Assuming that each of the following claims is in a separate application, and there is no preceding multiple dependent claim in any of the applications, which claim is in acceptable multiple dependent claim form?
A. Claim 8. A machine according to any one of the preceding claims wherein...?"Claim 5. A device as in one of claims 1-4
B.  wherein...?
C. Claim 10. A device as in any of claims 1-4 or 6-9, in which...?,Claim 4. A machine according to claim 3 or 4
D.  also comprising...?
(category: patent, Chinese translation: 专利)
Question: Assuming Debbie's patent application is substantively identical to Billie's patent application, which of the following statements is most correct?
A. Nearly simultaneous invention by Debbie and Billie is proof that the invention is obvious and precludes patentability.
B. Nearly simultaneous invention by Debbie and Billie may be evidence of the level of skill in the art at the time of the invention.
C. Nearly simultaneous invention by Debbie and Billie may be evidence of a longfelt need for the invention.
D. Nearly simultaneous invention by Debbie and Billie may be evidence of commercial success of the invention.
(category: patent, Chinese translation: 专利)
Question: With regard to a priority contest between Debbie and Billie, which of the following statements is most correct?
A. To encourage prompt disclosure of inventions to the public, the PTO always awards priority to the first to file an application, in this case Billie.
B. Debbie will be awarded priority only if she can establish diligence for the entire time between May 14, 1999 and her actual reduction to practice in June 1999, and can establish that she did not suppress, abandon or conceal the invention.
C. Debbie will be awarded priority only if she can establish diligence for the entire time between her conception in February 1999 and actual reduction to practice in June 1999, and can establish that she did not suppress, abandon or conceal the invention.
D. Debbie will be awarded priority if she can establish diligence for the entire time between May 14, 1999 and her patent filing in December 1999, and can establish that she did not suppress, abandon or conceal the invention.
(category: patent, Chinese translation: 专利)
Question: Which of the following statements regarding a registered practitioner is most correct?
A. An unsubstantiated argument by a practitioner that applicant discovered the problem is insufficient to show that applicant discovered the source of the problem.
B. An unsubstantiated argument by a practitioner that the invention provides a solution of a long-felt need is insufficient to show that the invention fills a longfelt need.
C. Where an examiner has advanced a reasonable basis for questioning the adequacy of disclosure, an argument by a practitioner that the application meets the requirements of 35 U.S.C. § 112, first paragraph, is entitled to little, if any weight, in the absence of facts supporting a basis for deciding that the specification complies with 35 U.S.C. § 112, first paragraph.
D. An argument by a practitioner that the prior art reference is inoperative is insufficient to show the claimed subject matter is unobvious in the absence of objective evidence demonstrating inoperability of the prior art reference.
(category: patent, Chinese translation: 专利)
Question: Which of the following is true?
A. A final decision by a United States District Court finding a patent to be invalid will have no binding effect during reexamination since the PTO may still find the claims of the patent to be valid.
B. A final decision by a United States District Court finding a patent to be valid will have no binding effect during reexamination since the PTO may still find the claims of the patent to be invalid.
C. Once the Court of Appeals for the Federal Circuit determines that the claims of a patent are valid, the USPTO may not find such claims invalid based upon newly discovered art.
D. If a patentee fails to disclose prior art to the PTO during regular prosecution, the only way that a patentee can disclose later discovered prior art to the PTO after issuance is by filing a request for reexamination.
(category: patent, Chinese translation: 专利)
Question: Mr. Roberts, an American citizen touring a vineyard, saw a unique grape-squeezing machine in France. The machine was highly efficient, and produced excellent wine. The vineyard owner was not hiding the machine. It was out of public view and was the only one of its kind. The vineyard owner had built it himself several years earlier, and no drawing ortechnical description of the machine was ever made. The vineyard made only local sales of its wines. Using his photographic memory, Roberts went back to his hotel and made technicadrawings of what he had seen. Upon his return to the United States, Roberts promptly preparedand filed a patent application directed to the machine.  Which of the following statements is correct?
A. Roberts may not obtain a patent on the machine because it was known by others before Mr. Roberts made technical drawings of the machine.
B. Roberts may not obtain a patent on the machine because wine made by the machine had been sold more than a year before Roberts' application filing date.
C. Roberts is entitled to a patent because a goal of the patent system is public disclosure of technical advances, and the machine would not have been disclosed to the public without Roberts' efforts.
D. Roberts may not obtain a patent on the machine because the vineyard owner was not hiding the machine and therefore the machine was in public use more than a year before Roberts' application filing date.
(category: patent, Chinese translation: 专利)
Question: You, a registered practitioner, are responsible for filing a patent application on Thursday, February 3, 2000. The application has a foreign priority date of February 3, 1999. You prepare the application and place on the transmittal page (a) the Express Mail Label number and (b) a certificate of mailing pursuant to 37 C.F.R. § 1.8. At 5:10 p.m. on February 3, 2000, you place the Express Mail envelope with the application inside in an Express Mail Deposit box. The "Express Mail" drop box has a clear sign stating that the box will be cleared for the last time at 5:00 p.m. The box was cleared for the last time at 5:00 p.m. by a U.S. Postal Service employee. On February 4, 2000, the U.S. Postal Service picks up the envelope and clearly stamps the "date in" as 2/4/2000.What is the filing date that will be assigned to the application upon its receipt in the PTO?
A. February 3, 1999, since the envelope was mailed by Express Mail and was in the custody of the United States Postal Service on February 3, 2000.
B. February 4, 2000 since the operative date is the date stamped by the U.S. Postal Service.
C. February 3, 1999 since a certificate of mailing under 37 C.F.R. § 1.8 allows the applicant the benefit of the date on which the envelope was mailed.
D. February 3, 2000, since in order to be entitled to foreign priority the application had to have been deposited before 5:00 p.m., which is the time that the U.S. Patent & Trademark Office closed for business that day.
(category: patent, Chinese translation: 专利)
Question: In 1998, Chris invents an automobile or truck windshield wiper device that uses a transparent grid to automatically sense water drops on the windshield and wipe the window whenever a drop appears. The grid detects current variations when moisture impregnates thegrid, and then activates the windshield wiper. In April 1998, Chris submitted an article for publication in Popular Scientist magazine disclosing the invention. The magazine edited the article to the extent that the article, published August 1, 1998, fails to enable one of ordinary skill in the art to make the invention. On August 31, 1998, Chris offers the automobile windshield wiper device for sale to the Ajax Motor Company, leaving a sample device for use in automobiles at the Ajax plant. Chris knew his device can be used with trucks only if the sensors are modified to accommodate the larger windshields, however no such modification has been made. Without Chris' knowledge, Ajax intends to use the device on its trucks. Ajax modifies and successfully tests the device using larger sensors for trucks on a public highway on September 1, 1998. Chris files a patent application with the PTO for the basic concept for automotive windshields on August 2, 1999. On August 30, 1999, Chris realizes that Ajax modified his invention to work with trucks on September 1, 1998, and that his claims do not cover the truck embodiment. There is no basis in the application supporting a claim directed to the embodiment for trucks, but the modification would have been obvious to one of ordinary skill in the art. Chris' application has not yet issued. He comes to you, a registered practitioner,for advise on the morning of August 30, 1999 as to whether he should file a new application for his windshield wiper directed to trucks and buses.What should you advice Chris to do in accordance with proper PTO practice and procedure?
A. The Popular Scientist publication is a bar under 35 U.S.C. § 102(b) since it was filed over a year before the application was filed.
B. Chris can still file a claim in the pending application directed to windshield wipers for trucks because the modification of the sensors would have been obvious to the artisan.
C. Chris must file a new application on or before September 1, 1999, to avoid the testing by Ajax from becoming a statutory bar to him obtaining a second patent directed to the windshield wiper for trucks embodiment.
D. Chris may file a continuation-in-part application anytime before the first patent application issues in which he can disclose and claim the windshield wiper device for use on trucks and buses since a continuation-in-part is entitled to the parent filing date for everything disclosed in the continuation-in-part application.
(category: patent，Chinese translation: 专利)
Question: Adam is a foreign national legally residing in Baltimore, Maryland. Before moving to the United States, Adam filed a United States patent application. The claims in the application were finally rejected by the examiner. The rejection was affirmed on appeal to the Board of Patent Appeals and Interferences. Adam remains convinced that the rejection is incorrect and wishes to pursue further review.  Which of the following will properly consider a request by Adam for official review of the decision by the Board of Patent Appeals and Interferences?
A. The Commissioner of Patents and Trademarks.
B. The Chairman of the Board of Patent Appeals and Interferences.
C. The Director of Patent Quality Review.
D. The United States Secretary of Commerce.
(category: patent, Chinese translation: 专利)
Question: You filed a patent application on behalf of Smith, an employee of Fix Corporation. The application contains a power of attorney authorizing you to transact all business before the Office on behalf of Smith. After the application is filed, Smith assigns all rights in the application to Fix Corp In which of the following situations will the power of attorney granted to you be properly revoked? 
I: Joe, in-house corporate counsel at Fix Corp., but not an officer of Fix, signs a submission, pursuant to 37 C.F.R. 3.73(b), establishing ownership of the entire interest in the application by Fix Corp., and forwards the submission along with a revocation of the power of attorney granted to you, to the PTO. Joe is not a registered practitioner, and he has not been authorized to bind Fix Corp. 
II: Smith refuses to revoke the power of attorney given to you, but Snix, president of Fix Corp., signs a submission, pursuant to 37 C.F.R. 3.73(b), establishing ownership of the entire interest in the application by Fix Corp., and forwards the submission along with a Snix-signed revocation of the power of attorney granted to you, to the PTO. 
III: Joe, in-house corporate counsel at Fix Corp., advises Snix, president of Fix Corp., that the assignment by Smith to Fix Corp, automatically operates as a revocation of the power of attorney granted to you, and Snix relies upon Joe's advice in good faith and takes no further action toward revoking the power of attorney. Joe is not a registered practitioner, and he has not been authorized to bind Fix Corp.
A. I.
B. II.
C. III.
D. I and II.
(category: patent, Chinese translation: 专利)
Question: The following three original claims in inventor Smith's regular utility patent application are fully supported by the disclosure in the specification: 1. A widget comprising A, B, and C.2. A widget as claimed in Claim 1 wherein C further comprises D.3. A widget as claimed in Claim 1 and 2 wherein B is B'B'.The examiner properly rejected Claim 3 under 35 U.S.C. § 112, second paragraph, citing the claim's improper dependency.  In the absence of issues of supporting disclosure, which of the following proposed amendments is presented in proper claim format?
A. 3. (Amended) A widget as claimed in Claim 1 [and 2] wherein B is B'B'.
B. 3. (Amended) A widget as claimed in any one of Claims 1 and 2 wherein B is B'B'.
C. 3. A widget as claimed in Claims 1 and 2 wherein B is B'B'.
D. Cancel Claim 3 and substitute the following Claim: 4. A widget as claimed in Claims 1 or 2 wherein B is B'B'B'.
(category: patent, Chinese translation: 专利)
Question: A patent application is filed with the following original Claim 1: A steam cooker comprising:(i) a steam generating chamber having a steam generator; (ii) a cooking chamber adjacent to said steam generating chamber for receiving steam from said steam; and (iii) a heat exchanger secured within said steam generator, said heat exchanger including at least one heating zone comprised of an inner having raised surface projections thereon, an outer panel having raised surface projections thereon, and a path between said raised surface projections whereby flue gases may pass for heating the walls of the heat exchanger. Assuming all of the following amendments are supported by the original disclosure in the specification, which amendment is in accord with proper PTO amendment practice and procedure?
A. In Claim 1, line 4, after "steam" insert, --generator--.
B. In Claim 1, line 6, after "inner" insert --panel--.
C. In Claim 1, line 6, delete [one], insert --two--, and amend "zone" to read ...搝ones--.
D. In Claim 1, line 3, after "chamber" (second occurrence) delete [for receiving] and insert --to produce sufficient quantities of gas and--.
(category: patent, Chinese translation: 专利)
Question: Which of the following is true?
A. On appeal of a rejection of ten claims to the Board of Patent Appeals and Interferences, each appealed claim stands or falls separately as a result of appellant pointing out differences in what the claims cover.
B. The 2-month period for filing a petition mentioned in 37 CFR 1.181(f) is extendable under 37 CFR 1.136(a).
C. An examiner may enter a new ground of rejection in the examiner's answer to an applicant's appeal brief.
D. After filing a notice of appeal, an applicant is estopped from further prosecuting the same claims in a continuation application.
(category: patent, Chinese translation: 专利)
Question: Which of the following is not a requirement of 35 U.S.C. § 102(d) to bar the granting of a patent in this country?
A. The foreign patent or inventor's certificate must have been published prior to the date of the application for patent in the United States.
B. The foreign application must have been filed more than 12 months before the effective filing of the application in the United States.
C. The foreign application must have been filed by the same applicant as in the United States or by his or her legal representatives or assigns.
D. The foreign patent or inventor's certificate must be actually granted before the U.S. filing date.
(category: patent, Chinese translation: 专利)
Question: Which of the following actions, if taken by a registered practitioner, comports with proper PTO rules and procedure?
A. Faxing a request for reexamination to the PTO on a weekday, during the period of enforceability of a patent, within two years of the patent's issue date.
B. Faxing an amendment under 37 C.F.R. § 1.111 to the PTO on the last day of the period for reply set by the examiner with a proper Certificate of Transmission.
C. Faxing a request for reexamination to the PTO on a weekday, during the period of enforceability of a patent, but more than two years after the patent's issue date.
D. Filing, by facsimile, a national patent application under 37 C.F.R. § 1.53(b) with a specification and drawings for the purpose of obtaining an application filing date.
(category: patent, Chinese translation: 专利)
Question: You are drafting a patent application for your client's widget invention.  The application discloses a widget consisting essentially of, in series, an amplifier having a power output of 100 to 300 amps, preferably 250 amps, and a woofer having a wattage of 400 to 450 watts, preferably 425 watts. The application satisfies the requirements of 35 U.S.C. § 112, and does not disclose the widget having any power output or wattage outside the foregoing limits set forth in the specification. The following independent claim will be Claim 1 in the application: 1. A widget consisting essentially of an amplifier having a power output of 100 to 300 amps, and woofer having a wattage of 400 to 450 watts.Which of the following claims would not be a proper dependent claim if presented as an original claim in the application when the application is filed in the PTO?
A. 2. The widget of Claim 1 wherein the woofer has a wattage of 425 to 450 watts.
B. 2. The widget of Claim 1 wherein the amplifier has a power output of 300 amps and the woofer has a wattage between 430 and 450 watts.
C. 2. The widget of Claim 1 wherein the amplifier has a power output of 250 amps.
D. 2. The widget of Claim 1 wherein the woofer has a wattage of 425 watts.
(category: patent，Chinese translation: 专利)
Question: Your client has asked you to determine whether his invention is patentable. The client developed a fishing lure made of a composition that is so effective that a fisherman need wait only a few minutes to lure fish to a hook or net. Your client purchased the material and cut it with a knife into a fishing lure. Your client does not know how to make the composition. Upon conducting a prior art search, you find that the client's composition is a well known gel used in shoes that has been in public use for 5 years. The prior art does not disclose the use of the composition as a fishing lure. Which of the following is the most appropriate advice to give the client?
A. Explain that it would be impossible for any claims to the process of using the composition as a fish lure to be allowed under the current PTO guidelines.
B. File a U.S. patent application (and required fees) claiming the composition.
C. File a U.S. patent application (and required fees) claiming a method of using the composition as a fishing lure.
D. File a provisional patent application (and required fees) directed only to the composition to gain a competitive advantage for one year. Within one year of filing the provisional application, file a nonprovisional application claiming the composition.
(category: patent, Chinese translation: 专利)
Question: A claim limitation reads "having 10 to 20 grams of iron, preferably 13-18 grams of iron." The specification preceding the claim supports not only the limitation, but also the broader amounts of iron.  Which of the following statements is correct?
A. The limitation may be indefinite.
B. Since the limitation properly sets forth outer limits, it is definite.
C. As long as the limitation is supported in the written description, it is proper.
D. The limitation is definite since the limitation sets forth a preferred range.
(category: patent, Chinese translation: 专利)
Question: A Notice of Allowance, setting a three month statutory period for reply, is dated and mailed on April 4, 2000, to the applicant.  In which of the following situations would the issue fee be considered to be paid late?
A. The issue fee is filed in the PTO on Monday, July 3, 2000.
B. The issue fee is filed in the PTO on Wednesday, July 5, 2000, inasmuch as the PTO was closed for a Federal holiday on Tuesday, July 4, 2000.
C. The issue fee is filed in the PTO on Wednesday, October 4, 2000, and is accompanied by a petition to the Commissioner for a three month extension of time, as well as the late payment fee.
D. The issue fee is received in the PTO on Thursday, July 6, 2000, accompanied by a certificate of mailing complying with 37 C.F.R. § 1.8 and dated Monday, July 3, 2000.
(category: patent, Chinese translation: 专利)
Question: Which of the following statements regarding design patent applications is not correct?
A. The specification may contain a brief description denoting the nature and environmental use of the claimed design.
B. Different embodiments or modifications may be set forth in the specification, but do not need to be shown in the drawings.
C. The drawings may be color drawings or color photographs if accompanied by a grantable petition.
D. The design application may have only a single claim.
(category: design patent, Chinese translation: 设计专利)
Question: Which of the following is true?
A. As a registered practitioner, it is not necessary to notify the Director of Enrollment and Discipline of your address changes as long as you file a change of address in each individual application for which you are responsible.
B. At any time the Director of Enrollment and Discipline may send out letters to registered practitioners for the purpose of ascertaining whether they wish to remain on the register and if no reply is received, without further warning, the name may be removed from the register.
C. A practitioner may not refuse to aid or participate in conduct that the practitioner believes to be unlawful, even though the client presents some support for an argument that the conduct is legal.
D. Any person who passes this examination and is registered as a patent agent or patent attorney is entitled to file and prosecute patent applications and trademark registration applications before the PTO for the same client.
(category: trademark, Chinese translation: 商标)