Did you know that you do not need law school to practice patent law before the USPO.
A sample analysis and report of the content of the patent bar exam questions 1991-1999. Presented in total, by frequency of occurrence, and a composite CROSS-INDEX suitable for use during the Bar Exam.
THE SAMPLE MATERIAL POSTED HERE IS AS OF 1999.
CURRENT MATERIAL, ---> April 2003 with up-dated graphics IS AVAILABLE NOW.
Up-to-date materials and old exams available on a CDROM.
Inquire at firstname.lastname@example.org or order from email@example.com. $35.
I need only a request and a mailing address to ship.
An early photograph of the "Paste Room" and
Issue & Gazette Division" of the PTO.
The accompanying text describes the patent process prior to 1914. The two significant differences are that the "free time" is two years instead of one year, and that models are required, and are exhibited at the PTO.
QUICK FETCH OF THE IMPORTANT FILES
QUESTION SUBJECTS 1991-April 1999.
CURRENTLY SHIPPING 1991-April 2003
A reasonable facsimile of the actual test form. Use it when practicing on old Patent Bar Exams. PDF format.
A form for use in the exam to pace your progress and make notes. Helps to prevent running out of time. PDF format.
A tabulation of how often each subject was asked, broken down by paragraph number and letter. 1991-April 1999. Currently shipping, 1991-April 2003.
A tabulation of how often each subject was asked, broken down by paragraph number only. (smaller, less detailed than the above listing). 1991-April 1999. Currently shipping, 1991-April 2003.
An index of subjects asked 1991-1999 listed and cross indexed
along with cross indexes to MPEP, 37CFR, 35USC paragraph...
This is a cross-referenced index based primarily on the answers to questions asked in prior exams. Question Identification has been removed, so it can be taken into the exam. Much easier to use and more comprehensible than the indexes printed in the MPEP.
Many of the index lines contain a brief summary of the subject, thereby relieving the examinee of the need to look it up. Especially for OED favorite niggling details like FEE/NOFEE.
These files are presented on the CDROM in plain text and html formats. The plain-text file versions have the long lines wrapped and indented for easy printing and reading in the exam room.
These files can be sorted by subject or MPEP/CFR/USC paragraph
to make a tabulated listing of what is asked often.
SORT.EXE in Windows 98 (95 also??) will do it.
SORT.COM in DOS 5 (maybe 6 also??) will not work, the files are too large.
However, the SORT function in MicroCrashware's Cracked Windows DOS sub-set (click "MSDOS") seems to handle significantly larger files.
Before sorting the frequency-of-asking files, you should re-combine the line-wrapped lines onto 1 line each. Otherwise the sorter will scramble the wrapped fractions. Alternatively, Email me and I will send a non-wrapped version.
Note: SORT.EXE is probably in the \windows\command directory.
PRIED OUT OF THE PTO VIA AN FOIA REQUEST:
Electrical, Mechanical, and Chemical Options, 1993 - 1996.
These are the actual unpublished grading instructions given the graders of 1993-1996 claim drafting portion of the Patent Bar Examination.
Since the afternoon session no longer uses the old claim drafting format,
these files are not as relevant as they used to be, but are of interest
in "getting into the OED's head" on exam prep thinking.
* . A set of "Lecture and Study notes", particularly for the new format afternoon session, and can be taken into the exam room.
The notes are currently obsolete, but are good examples of what the examinee hopeful can do as a method of study.
These notes cover much MPEP material which could be in either session.
These are not test questions or answers, they are summaries of the MPEP just like the notes from almost any bar review course. They can be taken into the exam room.
Some proposals by the PTO for changing the registration requirements and an essay from the Franklin Pierce Law Institute on the history of registration of patent professionals.
Back to the Author's Home page.
Contains lots of info about patenting and business.
Sorry about the poor scan quality, I have good equipment, but do not know how to use if effectively.
What is the PTO really trying to test for?????
Sharp Memory for niggling facts?
Stamina, big bladder, cool under stress? Certainly not legal or technical competence!
Questions taking more than a page to present are a disgrace and of no proper use to the profession. The good questions are all presented in a fact pattern of less than 10 lines, and not more than 20 lines in the answer choices. Fortunately, that rotten practice was the activity of the very incompetent Karen Bovard, (a Hillary-Biliary appointment as director of the OED). The present OED director seems to know the business.
PREGGIES -- I have it on good account that the OED has given preggies a break on the exam at least once. Being Preggers is a politically correct condition! Go for it if you can.
NOW, what about diabetics, older men, and others with non-debilitating medical problems that make a 3 hour sit impossible, but will not affect competence in patent practice ??
NOTE to the COWARDS at USPO/ptohidea and USPO/ptohideb:
Quit hiding and Contact me openly!.
You have been monitoring this site for long enough and have not learned much. Downloading parts or all regularly. Sometimes several times a month. I am reasonably friendly.
I may tell you why I think the Patent Bar exam as it has been administered in the past few years is in violation of law and public policy, and what I am considering to do about it.
CLICK here for a re-print of the (useless) PTO policy on handicap access to the bar exam.
Some troublesome proposals by the PTO for changing the registration requirements and an essay from the Franklin Pierce Law Institute on the history of registration of patent professionals.
For official information about becoming registered with the PTO visit their site at http://www.uspto.gov Click on "patents" then look for sub-index marked "mainly for practitioners", then click on "Registration of Patent Agents" to get to the OED page.
I can always be reached directly at firstname.lastname@example.org
This page last modified August, 2003
You are my
visitor. . . Many Thanks.