March 2015 LACBA MCLE Test and Answer Sheet

Test No. 244: Patent Innovation

To access the article related to this test, please click here.
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.


Test Sheet

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The Leahy-Smith America Invents Act (AIA) commenced a two-year rollout of the most comprehensive revision of patent law since the Patent Act of 1952.

2. U.S. patent law now applies the first-to-file system with respect to patent applications filed before March 16, 2013.

3. "Prior art" is anything that is "patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention."

4. Because of the AIA, "prior art" is now limited to what was known or used or on sale in the United States.

5. Public disclosure of an invention before filing a patent application renders the invention unpatentable.

6. Because of the AIA, third parties may now submit patents, patent applications, and other publications of potential relevance to the patent examiner during examination of a patent application before issuance of a patent.

7. A derivation proceeding--which addresses situations in which two separate parties file two separate patent applications for the same invention--replaces what was called an interference.

8. Any person other than the patentee may petition for a newly created postgrant review to contest the validity of a patent.

9. The USPTO will undertake a postgrant review only if the petition establishes that it is more likely than not that at least one patented claim will be defeated.

10. Inter partes review can be initiated at any time to contest the validity of a patent.

11. Petitions for inter partes review may only be based upon obviousness and lack of novelty, and they may only rely on prior art.

12. Business method patents relate to a method, apparatus, or operation used in the practice, administration, or management of a financial product or service.

13. A third party must petition for a covered business method postgrant review before the patentee has asserted an infringement claim against that party.

14. A supplemental examination may be instituted only at the request of a patentee.

15. The USPTO will grant the request for supplemental examination only if the request raises a substantial new question of patentability.

16. The AIA modified the parameters of the prior-use defense so that it is available only to those who can show that they commercially used the invention within the United States 1) at least one year before the effective filing date of the application for the at-issue patented invention and 2) at least one year before the invention was disclosed to the public.

17. Because of the AIA, only parties that suffered a competitive injury as a result of the false marking may bring suit.

18. In a declaratory relief action brought by an alleged infringer, the burden of proof is on the patentee-defendant to show infringement.

19. Defending a patent infringement suit in federal court on the basis that the infringed patent is invalid requires the defendant to bring clear and convincing evidence of invalidity.

20. Less than 50 percent of all patent applications result in a patent being issued.

Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education legal ethics credit by the State Bar of California in the amount of one hour.