QiYao-Wang/IPEval huggingface dataset:
Question: You have been asked to draft a patent application based on Figures 1 and 2 provided below. The inventor has provided you with a written disclosure which states that the invention is directed to a toy building element which may be mounted as a dump body on a toy vehicle. According to the inventor's description, the toy building element comprises an open container part and a bottom, said container part and bottom being hingedly interconnected, said bottom being moreover provided with coupling means for coupling with other toy elements. Referring to Figure 1, the inventor's description states that the toy building element (1), which is just called a dump body, consists of two parts which are interconnected via a hinge (2) viz a container part (3) and a bottom (4). The written description further provides that the container part (3) is formed by an upwardly open, box-like unit having a substantially square bottom and four side walls, one of which is considerably lower than the others. In the embodiment shown, the bottom of the container is provided with coupling studs (5) on which toy building elements may be coupled. As described by the inventor, the bottom (4), which is square in its base face, has a plane surface on which the container part (3) rests along its entire circumference when it is tilted down. The surface of the bottom (4) may be provided with well-known means for detachably retaining (not shown) the container part (3) so that "it just takes a small force to tilt the container part." Referring to Figure 2, the inventor's description states "Figure 2 shows the dump body (1) mounted to tilt rearwardly on a toy truck (6), which comprises a bottom (7), wheels (8), and a driver's cab (9)." It is further provided that "on the chassis at the rear end of the truck (6), the truck bottom (7) is equipped with a square, plane face provided with well-known coupling means (not shown) which meet with the well-known coupling means (not shown) positioned on the underside of the bottom (4) of the dump body (1). Based on the drawings and description provided above, which of the following claims, if any, are in accordance with proper PTO practice and procedure?
A. A toy building element for use as a dump body (1) for a toy vehicle, said toy building element comprising an open container part (3) and a bottom (4).
B. A toy building element for use as a dump body (1) for a toy vehicle, said toy building element comprising an open container part (3) and a bottom (4), said container part (3) and bottom (4) being hingedly interconnected by a hinge (2).
C. A toy building element comprising an open container part and a bottom, said open container part and bottom being hingedly interconnected, said bottom being provided with coupling means for coupling with other toy building elements.
D. (A), and (B).
(category: patent, Chinese translation: 专利)
Question: On June 22, 1999, you receive a final Office action, dated June 17, 1999, rejecting numerous claims in a patent application that you filed in the PTO. The Office action did not set a shortened statutory period for reply. Following proper PTO practices and procedures, under which circumstances is it most likely your submission of new evidence under 37 CFR § 1.129(a) in support of patentability, along with the appropriate fee, will result in the automatic withdrawal of the finality of the final rejection?
A. The application is filed on June 8, 1995, it has an effective filing date of June 8, 1993, and you file the submission on October 14, 1999, one month after you file a Notice of Appeal to the Board of Patent Appeals and Interferences.
B. The application is filed on June 7, 1995, it has an effective filing date of June 8, 1993, and you file the submission on October 14, 1999, one month after you file an appeal brief to the Board of Patent Appeals and Interferences.
C. The application is filed on June 8, 1995, it has an effective filing date of June 7, 1993, and you file the submission on December 20, 1999.
D. The application is filed on June 7, 1995, it has an effective filing date of June 7, 1993, and you file the submission on the same day you file an appeal brief to the Board of Patent Appeals and Interferences.
(category: patent, Chinese translation: 专利)
Question: You filed a patent application for a client containing a claim to a composition wherein X is defined as follows: "X is a member selected from the group consisting of elements A, B, and C." The claim is properly rejected under 35 U.S.C. § 102(b) as being anticipated by a reference describing the same composition invention wherein X is element A. The rejection may be properly overcome by:
A. Amending the claim by canceling elements B and C because the reference is concerned only with element A.
B. Arguing that the reference is not relevant because it lacks elements B and C.
C. Amending the claim by canceling element A from the Markush group.
D. Amending the claim by changing "consisting of" to "consisting essentially of."
(category: patent, Chinese translation: 专利)
Question: Which of the following statements is in accordance with proper PTO practice and procedure?
A. A claim to a computer which recites that various components, such as motherboard and RAM, which are old in the art, as well as a novel disc drive, is unpatentable under 35 U.S.C. § 102(f) inasmuch as the inventor derived one or more components, and did not himself invent each of the components of the claimed computer.
B. Where a patent granted to Able discloses subject matter being claimed in an application filed by Baker undergoing examination, the designation of Able as the sole inventor in Able's patent raises a presumption of inventorship with respect to the subject matter disclosed but not claimed in the patent.
C. A terminal disclaimer overcomes a rejection under 35 U.S.C. § 102(e).
D. When Able's patent application, filed on June 2, 1999, is rejected based on unclaimed subject matter of a patent granted to Smith on July 6, 1999, on Smith's application filed on February 18, 1997, and the unclaimed subject matter is Able's own invention, Able may overcome a prima facie case by showing that the patent discloses Able's own previous work.
(category: patent, Chinese translation: 专利)
Question: In preparing an application claiming only apparatus to be filed in the PTO, you inadvertently forgot to include a figure in the drawings. While, you did include a brief description of the figure in the written description of the invention in the specification nevertheless the invention of Claim 10 cannot be understood without the omitted figure in the drawings. Only after the application had been filed in the PTO did you realize that the figure was omitted. The application as filed included a proper declaration under 37 CFR § 1.63 signed by the inventor. What document(s), if any, must be filed in the PTO to obtain the original filing date in accordance with proper PTO practice and procedure?
A. An amendment deleting the description of the figure and Claim 10, and a petition with the proper fee to have the application accepted without the omitted figure.
B. An amendment filed before the first Office action deleting all references to the omitted figure and Claim 10 to have the application accepted without the omitted figure.
C. A petition and an amendment to add the figure to the application as soon as possible, and a supplemental declaration stating the omitted figure accurately illustrates and is part of the applicant's invention.
D. The omitted figure along with a supplemental oath or declaration stating that the omitted figure accurately illustrates and is part of the applicant's invention.
(category: patent, Chinese translation: 专利)
Question: Prior art references have been combined to show obviousness of the claimed invention under 35 U.S.C. § 103. Which of the following most correctly completes the statement: "In establishing obviousness, ______________
A. a suggestion to modify the art must be expressly stated in one of the references used to show obviousness.
B. a suggestion to modify the art must be expressly stated in all the references used to show obviousness.
C. a suggestion to modify the art may be inherently or implicitly taught in one of the references used to show obviousness.
D. a suggestion to modify the art is unnecessary unless the patent applicant presents evidence or argument tending to show unobviousness.
(category: patent, Chinese translation: 专利)
Question: Which of the following does not constitute probative evidence of commercial success to support a contention of non-obviousness?
A. In a utility case, gross sales figures accompanied by evidence as to market share.
B. In a utility case, gross sales figures accompanied by evidence as to the time period during which the product was sold.
C. In a utility case, gross sales figures accompanied by evidence as to what sales would normally be expected in the market.
D. In a utility case, gross sales figures accompanied by evidence of brand name recognition.
(category: patent, Chinese translation: 专利)
Question: Which of the following statements is true based on current PTO practice and procedure?
A. Where claims in an application on appeal have been rejected on prior art, the Board cannot consider a reference having a publication date after the effective date of the application.
B. Objective indicia of non-obviousness cannot depend on facts developed after the effective date of the application under consideration.
C. Evidence that has developed only after the filing date of an application cannot be used to show non-obviousness.
D. The scope of objective evidence of non-obviousness is independent of the scope of the claim for which the evidence is offered to support.
(category: patent, Chinese translation: 专利)
Question: Which of the following is true?
A. Interferences will generally be declared even when the applications involved are owned by the same assignee since only one patent may issue for any given invention.
B. A senior party in an interference is necessarily the party who obtains the earliest actual filing date in the PTO.
C. Reexamination proceedings may not be merged with reissue applications since third parties are not permitted in reissue applications.
D. After a reexamination proceeding is terminated and the certificate has issued, any member of the public may obtain a copy of the certificate by ordering a copy of the patent.
(category: patent, Chinese translation: 专利)
Question: A patent application includes the following incomplete Claim 1. A shaving implement comprising (i) ___ (ii) a shaving head arranged perpendicular to said handle and including a razor, said shaving head being connected to said handle at said first end, (iii) a collapsible tube of shaving cream positioned in and substantially filling said dispensing chamber, said tube including a neck having a dispensing opening provided in proximity to said razor, (iv) a removable dispensing chamber plug provided at said second end such that when said plug is removed said collapsible tube of shaving cream may be replaced, and (v) a tube squeezing slide positioned within said channel and said dispensing chamber, said slide including opposed slots thereon, said slots being in sliding engagement with said longitudinal sides of said channel.Which of the following, if included as paragraph (i) of Claim 1, properly completes the claim?
A. an elongated handle including a dispensing chamber and a channel formed in said handle, said channel being defined by longitudinal sides within said handle and communicating over substantially its entire length with said dispensing chamber;
B. an elongated handle having a first end, said handle including a chamber and a channel formed in said handle, said channel being defined by longitudinal sides within said handle and communicating over substantially its entire length with said chamber;
C. an elongated handle having a first end, said handle including a dispensing chamber and an elongated channel formed in said handle, said channel communicating over substantially its entire length with said chamber;
D. an elongated handle having a first end and a second end, said handle including a dispensing chamber and a channel formed in said handle, said channel being defined by longitudinal sides within said handle and communicating over substantially its entire length with said dispensing chamber;
(category: patent, Chinese translation: 专利)
Question: Beverly, who was already well known for her research work in the shampoo industry, was working toward a Ph.D. in chemistry from a university near Berlin, Germany. As part of her doctoral program, Beverly prepared (in German) a thesis on a new formulation for an "all-in-one" shampoo and conditioner, which was approved by her faculty advisor on December 21, 1998, placed in the university library on January 29, 1999, accessible to faculty, students, and the public, indexed in a local catalog by author, title, and subject, and made freely available on an Internet web page maintained by the university on March 4, 1999,the general user's catalog was made freely available on an Internet web page maintained by the university.Which of the following statements is most correct?
A. Beverly's thesis may be used under 35 U.S.C. § 102(b) as a prior art printed publication against a United States application for patent filed January 15, 2000.
B. Beverly's thesis may be used under 35 U.S.C. § 102(b) as a prior art printed publication against a United States application for patent filed February 26, 2000.
C. Beverly's thesis may be used under 35 U.S.C. § 102(b) as a prior art printed publication against a United States application for patent filed March 8, 2000.
D. (A), (B) and (C).
(category: patent, Chinese translation: 专利)
Question: In the course of prosecuting a patent application for his client, Smith did not receive a Notice of Allowance and Issue Fee Due from the PTO. Fifteen months after submitting a reply to a final rejection, Smith received from the PTO a Notice of Abandonment advising that the application became abandoned for failure to pay the issue fee. Which of the following actions, if any, accords with proper PTO practice and procedure, and is most likely to succeed in protecting the interests of Smith's client?
A. File a petition to revive the application including a statement that the entire delay in paying the issue fee, from the due date for the payment of the fee until the filing of a grantable petition pursuant to 37 C.F.R. § 1.137(a), was unavoidable, accompanied by the issue fee then in effect, and any required terminal disclaimer.
B. File a petition to revive the application including a statement that the entire delay in paying the issue fee, from the due date for the payment of the fee until the filing of a grantable petition pursuant to 37 C.F.R. § 1.137(b), was unintentional, and required terminal disclaimer.
C. File a timely petition towithdraw the holding of abandonment accompanied by a statement that the Notice of Allowance and Issue Fee Due was not received, and that a search of the file jacket and docket records indicates that the Notice of Allowance and Issue Fee Due was not received. Include with the petition a copy of the docket record where the nonreceived Office communication would have been entered had it been received and docketed.
D. All of the above.
(category: patent, Chinese translation: 专利)
Question: A potential new client XYZ Corp. calls you for representation. The President of XYZ informs you that XYZ has been accused by ANY Corp. of infringing ANY's soon to be issued patent. The President indicates that XYZ has been making the accused infringing device for three months, and want to file their own patent application on the device themselves. You determine that your law partner, also a registered practitioner, represents ANY before the PTO in regard to the patent application filed by ANY, and that you and the partner have a power of attorney in the application from ANY. Which of the following should you do and/or advise XYZ, to do in accordance with the PTO Disciplinary Rules?
A. Decline to accept employment from XYZ.
B. Perform a patent search, and upon locating a published PCT application referencing the patent application filed by ANY, you decide that no information about the ANY application is confidential. Thus, you can ask your partner for information regarding the ANY application to relay to your client, XYZ.
C. Advise XYX that you can file a patent application for the device on behalf of XYZ. Even though ANY was the first to file, an interference may be declared to determine priority of invention if the claims are the same or substantially similar.
D. Advise XYZ that because your partner has had experience with similar types of cases, that it will be easy for him to file a patent application on behalf of XYZ.
(category: patent, Chinese translation: 专利)
Question: It is widely understood in the relevant art that a knife is but one of many types of "cutting means," and that a knife can have a blade that is "serrated" or "honed." During reexamination of a patent, the patent owner seeks to amend Claim 1 as follows: (amended) A [knife] cutting means having a handle portion and a serrated blade. All changes in the claim are fully supported by the original disclosure in the patent. Which of the following correctly explains why the claim, as amended, should or should not be rejected?
A. The claim should be rejected because the amendment broadens the scope of the patent claim by changing replacing "knife" with "cutting means," a broader recitation.
B. The claim should be rejected because the claim has not been amended in accordance with PTO rules for amending patent claims.
C. The claim should not be rejected because the claim is fully supported by the original patent disclosure.
D. The claim should not be rejected because the amendment does not add new matter into the claim.
(category: patent, Chinese translation: 专利)
Question: In the course of prosecuting a patent application, you receive a final rejection wherein the examiner has set a 3 month shortened statutory period for reply. You file an initial reply within 2 months of the Final Rejection mail date, and the examiner responds with an Advisory Action having a mail date after the end of the 3 month shortened statutory period. In accordance with proper PTO practice and procedure, the fee for an extension of time for applicant to take subsequent appropriate action in the PTO is calculated from:
A. the date your reply is received by the PTO.
B. the mail date of the Final Rejection.
C. the mail date of the Advisory Action.
D. the date the Advisory Action is received by you.
(category: patent, Chinese translation: 专利)
Question: On December 1, 1998, Sam, attorney for the firm of Thrill and Chill, files a request for reexamination of a patent owned by his client, Hurley Corp., along with a recently discovered Russian patent which issued more than one year before the filing date of the patent. Hurley's patent contains one independent claim and nine dependent claims, the request for reexamination is granted on February 1, 1999, an Office action issues on June 1, 1999, in which the Examiner properly rejects independent claim 1 under 35 U.S.C. §§ 102 and 103 using the Russian reference and objects to the remaining claims as being dependent upon a rejected claim, Sam receives the Office action, agrees with the Examiner that claim 1 is unpatentable over the Russian patent and forwards it to his client, Hurley Corp., which is undergoing financial problems, files for bankruptcy protection with the Federal District Court, and advises Sam that they have no funds available to further prosecute the reexamination proceeding. In accordance with proper PTO practice and procedure what should Sam do?
A. Advise the Examiner on the telephone that the patentee has filed for bankruptcy protection, and that nothing should be done in the reexamination proceeding until the bankruptcy is settled.
B. Do nothing and a reexamination certificate will issue indicating that claim 1 is canceled and that the patentability of claims 2 - 10 is confirmed.
C. File a fallacious reply arguing the patentability of claim 1 in order to allow the reexamination proceeding to continue.
D. File a divisional reexamination proceeding whereby claims 2 through 10 will be transferred into the divisional and allowed to issue. Claim 1, still in the original reexamination proceeding, can then be appealed to the Board of Patent Appeals and Interferences at a later point in time after the bankruptcy is resolved.
(category: patent, Chinese translation: 专利)
Question: Which of the following is true?
A. The differences between a continuation application and a continuation-in-part (C-I-P) application include: (1) new matter can be added when a C-I-P is filed and (2) the inventive entity in an original application and continuation application must be the same, whereas only one common inventor is necessary between an original application and a CIP application.
B. A reissue applicant's failure to timely file a divisional application is error and proper grounds for filing a reissue application.
C. A patent claiming a process is shown to be inoperative by showing no more than that it is possible to operate within the disclosure of the patent without obtaining the alleged product.
D. Where appeal to the Board of Patent Appeals and Interferences is dismissed for failure to argue a ground of rejection involving all the appealed claims, but allowed claimed remain in the application, the application becomes abandoned.
(category: patent, Chinese translation: 专利)
Question: Clem and Tine, while dating, invent a wedding ring programmed to chime on each wedding anniversary. Unfortunately, the romance did not last. Clem comes to you, a registered practitioner, and says that he now wants to file a patent application. Clem admits that it was partly Tine's idea. Clem further advises you that before the couple ended their relationship, Tine deceptively filed a patent application for the same wedding ring in her name alone, application No. 09/123456. Which of the following is the proper advice to give Clem in accordance with proper PTO practice and procedure?
A. File a patent application listing Clem as the sole inventor, and the appropriate fees. Since Tine has already filed an application for the same device as sole inventor, she cannot be listed as a co-inventor in another application for the same device. An interference must be declared to determine proper inventorship.
B. File a patent application listing both Clem and Tine as coinventors, and the appropriate fees. If Tine refuses to sign the declaration, Clem has to file (i) a declaration signed by him naming himself and Tine as joint inventors, (ii) a petition, and (iii) the appropriate fees.
C. File a protest in the PTO (prior to the mailing of a notice of allowance in Tine's application) indicating the application serial number 09/123456 and informing the PTO that Clem is a coinventor.
D. Advise Clem that he could save money by allowing Tine to continue to prosecute her application and then, after the patent issues, he can sue her for half of the royalties.
(category: patent, Chinese translation: 专利)
Question: Upon filing in the PTO, an original, nonprovisional patent application contains the following claims:  Claim 1 is independent. Claim 2 depends from Claim 1. Claim 3 depends from Claim 2. Claim 4 depends from Claim 2 or 3. Claim 5 depends from Claim 3. Claim 6 depends from Claim 2, 3, or 5. The application contains only the foregoing claims. How many dependent claims are there for fee calculation purposes?
A. 4
B. 5
C. 7
D. 8
(category: patent, Chinese translation: 专利)