Free College of Patent Agents and Trademark Agents Patent Knowledge Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the College of Patent Agents and Trademark Agents Patent Knowledge Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1A client wants to protect only a new product's visual shape, rather than how the product works. Which form of intellectual property addresses that feature?

   1. A.A patent
   2. B.A trademark
   3. C.An industrial designCorrect answer: C
   4. D.A copyright

   Explanation: CIPO describes industrial design coverage as "Visual features of a product". The requested protection concerns appearance. Patents address inventions, trademarks identify commercial source, and copyright protects original works.

   Reference: CIPO — Intellectual property in Canada — Coverage and scope table — Industrial design

2. 2For a U.S. application governed by the AIA first-inventor-to-file provisions, a sole inventor publishes the claimed subject matter eight months before its effective filing date. The disclosure is proven to be inventor-originated. Which rule can except it from section 102(a)(1) prior art?

   1. A.The inventor-originated disclosure exception within one yearCorrect answer: A
   2. B.A universal two-year grace period for all disclosures
   3. C.A rule that only U.S. publications qualify as prior art
   4. D.An automatic exception for any disclosure before grant

   Explanation: The USPTO identifies the conditions "One year or less before the effective filing date of the claimed invention" and disclosure "by the inventor or a joint inventor". Eight months and proven inventor origin meet those conditions. A two-year general grace period, a domestic-publication restriction and any-before-grant exception are not this rule.

   Reference: USPTO MPEP § 2153 — Prior Art Exceptions — § 2153.01

3. 3A proposed method claim assigns one step to a supplier and another to an independent customer. For a claim intended to target direct infringement by one party, what drafting concern does the WIPO manual identify?

   1. A.Remove the actor names while leaving performance divided between supplier and customer
   2. B.Consider supported wording that places performance of all claimed steps with one partyCorrect answer: B
   3. C.Change the order of the steps while leaving performance divided between the parties
   4. D.Call both actors one system while retaining separate performance of the claimed steps

   Explanation: For the stated direct-infringement drafting objective, WIPO says "all of the steps recited in a method claim must be performed by the same party." Supported single-party wording addresses the performance issue. Merely deleting names, rearranging steps or collectively labelling independent actors does not change who actually performs them.

   Reference: WIPO Patent Drafting Manual, Second Edition — Module VI, § 12, Claim point of view

4. 4An applicant does not reply in good faith to an examiner's requisition within the prescribed time. Under section 73(1)(a), what is the resulting status of the application?

   1. A.It is refused on the merits without a further decision by the Commissioner
   2. B.It is treated as never having received a filing date
   3. C.It is deemed abandoned for failure to reply in good faith on timeCorrect answer: C
   4. D.It remains pending under an automatic suspension of the response deadline

   Explanation: Section73(1) says the application "shall be deemed to be abandoned" for the specified failure. That procedural consequence differs from a merits refusal or loss of the original filing date. The missed deadline is not automatically suspended.

   Reference: Patent Act, R.S.C. 1985, c. P-4 — s. 73(1)(a)

5. 5A Canadian application was filed 13 months after its earlier regular priority filing. The applicant timely seeks the section 28.4(6) treatment and meets the prescribed requirements. What must the applicant state about missing the ordinary 12-month filing period?

   1. A.That the applicant exercised due care, without stating whether the failure was intentional
   2. B.That the missed deadline caused no prejudice, without addressing the applicant's intention
   3. C.That failure to file within the ordinary twelve-month period was unintentionalCorrect answer: C
   4. D.That the invention was not publicly disclosed, without addressing the reason for late filing

   Explanation: Section28.4(6)(b)(ii) requires the statement that the failure "was unintentional". The stipulated thirteen-month filing lies within the additional two-month interval, and other procedural requirements are met. Due care, no prejudice and lack of disclosure do not substitute for this particular statement.

   Reference: Patent Act, R.S.C. 1985, c. P-4 — s. 28.4(6)(b)(ii)

6. 6Which form of intellectual property identifies the source of goods or services?

   1. A.A trademarkCorrect answer: A
   2. B.A patent
   3. C.An industrial design
   4. D.A trade secret

   Explanation: CIPO lists trademark coverage as "Source of goods or services". The other rights address inventions, appearance or confidential information rather than source identification.

   Reference: CIPO — Intellectual property in Canada — Coverage table — Trademark

7. 7A client seeks U.S. protection for an asexually reproduced plant. Does the existence of the plant-patent regime categorically exclude utility-patent protection under section 101?

   1. A.Yes, section 161 makes plant patents the exclusive patent route for plants
   2. B.Yes, plant varieties can use section 161 or variety protection, but not section 101
   3. C.No, section 101 can protect an asexually reproduced plant if its requirements are metCorrect answer: C
   4. D.No, section 101 protects such plants without requiring a written description

   Explanation: The MPEP states: "An asexually reproduced plant may alternatively be protected under 35 U.S.C. 101, provided the written description requirement can be satisfied." Section 161 is therefore not an exclusive patent route, and variety protection does not exclude section 101. The written-description condition remains.

   Reference: USPTO MPEP § 1601 — Scope of Plant Patents — § 1601, discussion of J.E.M. Ag Supply

8. 8A drafter confirms that an invention is novel and inventive. Why must the drafter still assess the subject-matter rules of each jurisdiction for which claims are being prepared?

   1. A.Local eligibility exclusions cease to apply once novelty and inventiveness are established
   2. B.Local eligibility is relevant only when the claims lack an inventive technical feature
   3. C.A PCT filing establishes uniform subject-matter eligibility in every designated jurisdiction
   4. D.Local ineligibility can prevent a patent despite novelty and inventivenessCorrect answer: D

   Explanation: WIPO requires assessing "whether your invention is patent-eligible subject matter in the jurisdiction(s) for which patent protection is sought." If it is not, "you will not be able to obtain a patent even if the invention is both novel and inventive/nonobvious." Neither novelty nor PCT filing displaces the local eligibility analysis.

   Reference: WIPO Patent Drafting Manual, Second Edition — Module II, § 2.5, Professional tip on jurisdictional eligibility

9. 9A Canadian patent application is validly reinstated after abandonment. What happens to its filing date under section 73(5)?

   1. A.It changes to the reinstatement-request date
   2. B.It changes to the date the reinstatement fee is paid
   3. C.It changes to the date of the next examiner's report
   4. D.It retains its original filing dateCorrect answer: D

   Explanation: Section 73(5) states: "An application that is reinstated retains its filing date." The procedural dates of reinstatement and later examination do not replace the filing date.

   Reference: Patent Act, R.S.C. 1985, c. P-4 — s. 73(5)

10. 10In patent litigation, a patentee gives a claim-construction interpretation inconsistent with a qualifying written communication exchanged with the Patent Office during prosecution. For what purpose may section 53.1(1) admit that communication?

    1. A.To rebut a representation made by the patentee about construction of the patent claimCorrect answer: A
    2. B.To replace the granted claim text automatically with abandoned prosecution wording
    3. C.To convert each prosecution argument into a binding amendment of the granted claims
    4. D.To rebut any litigation representation even when unrelated to construction of a claim

    Explanation: Section53.1 permits qualifying communications "to rebut any representation made by the patentee" as to claim construction. That specified evidentiary purpose does not automatically amend claim text or extend to every unrelated litigation issue. The court still construes the granted claim.

    Reference: Patent Act, R.S.C. 1985, c. P-4 — s. 53.1(1)