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Patent guy

Quote






Anonymous said:
When do you get pass your patent agent exam?

What scores have you been getting on your practice exams?

ETA Please sir, thank you sir
Click to expand...

Also, please keep posting here and be civil... you got two whole floors of lawyers at LCC watching this stuff................. mum is the word..................................

We need to talk.
 




"When do you get pass your patent agent exam?"

I will assume you're asking when I passed the "Examination for Registration to Practice in Patent Matters Before the U.S. Patent and Trademark Office". I won't give an exact date, because as you know, the OED publically posts the names and addresses of those who've passed. You'd be able to bracket my identity if I provided too specific a date. Suffice it to say, in the past couple of years. Or are you asking how soon are you notified if you've passed after you take the exam? If so, if you've passed (that is got 70% or greater of the 90 questions scored, you pass. You are told immediately at the end of the exam, after you've filled out an annoying survey. You take it on a computer at the ProMetrics facility of your choice. Now, it's 100 questions, but 10 questions are for "beta testing" and they are not scored. You don't know which they are, although you can figure it out by how bizarrely off-the-mark they are relative to what you've studied. They neither count for you, if you answered correctly nor against you if you answered them incorrectly. Now, if you do not get a score of 70% or more correct, the computer-tube tells you what the score is you've got. Intriguingly, when you pass, you just get a "you've preliminarily passed" without any score. You never know your score when you pass; only that you've got 70% or greater.

I will say, it was the most difficult exam I've taken in long, long time. I'd rather go through 12 thesis defenses than go through that again. I took EVERY MINUTE of the six hours given. (3 hours, 50 questions in the morning, exactly 1 hour break, if you want it, for lunch, then 3 hours, 50 questions in the afternoon. YOU ARE FRIED when it's over. In a bad way, not good fried.
Once you've passed, that's it--never again do you have to take it, unless in the future, they change the requirements it so you have to prove you're taking continuing education. It's best to keep up on things, as a malpractice defense, if anything else. Plus the law has been changing so much, you just have to keep up with course work, or symposia or web-based mini courses or you will be very out of touch.

Here's the key to passing--YOU MUST MUST MUST ABSOLUTELY commit to memory all of the known past exams. October 2002 AM and PM; October 2003 AM and PM; April 2003 AM and PM. Yes the only exams the USPTO posted are over 12 years old! Once they moved to the computer based testing, they stopped posting the exam questions/solutions. Nevertheless, committing them to memory is well worth your time. DRILL until you consistently get through with a 90% or more score. Work for SPEED, know the fact patterns. Know WHY the wrong answers are wrong, as well as why the right answers are right. Being able to dispatch these questions in seconds on the real exam, then buys you time to LOOK UP THE REALLY HARD ONES, or the ones testing on recent, bizarre, changes to the law (AIA, PPH, etc.) THEY LOVE TO TEST OBSCURE THINGS; the electronic MPEP you get is SLOW, non-responsive and like the worst first-gen. Adobe pdf file you've ever seen. This EATS TIME. So getting easy points buys you time to do or look up the hard ones. You've only got 3.6 minutes per question. Sometimes the text for a single question goes on forever, because the answer choices can be paragraphs long, and differ by only one or two words!

DO NOT underestimate this exam, or the time it will take you to prepare. Don't feel bad if you don't pass the first time. People taking this are not used to failing exams, yet THEY DO. Most people miss passing by 1 or 2 points, I kid you not. The pass rate, which was as high as 60% 5 or 6 yrs ago, has now dropped to 43% in 2014.

Hope this answers your questions. Ask more !
 
















Anonymous said:
"When do you get pass your patent agent exam?"

I will assume you're asking when I passed the "Examination for Registration to Practice in Patent Matters Before the U.S. Patent and Trademark Office". I won't give an exact date, because as you know, the OED publically posts the names and addresses of those who've passed. You'd be able to bracket my identity if I provided too specific a date. Suffice it to say, in the past couple of years. Or are you asking how soon are you notified if you've passed after you take the exam? If so, if you've passed (that is got 70% or greater of the 90 questions scored, you pass. You are told immediately at the end of the exam, after you've filled out an annoying survey. You take it on a computer at the ProMetrics facility of your choice. Now, it's 100 questions, but 10 questions are for "beta testing" and they are not scored. You don't know which they are, although you can figure it out by how bizarrely off-the-mark they are relative to what you've studied. They neither count for you, if you answered correctly nor against you if you answered them incorrectly. Now, if you do not get a score of 70% or more correct, the computer-tube tells you what the score is you've got. Intriguingly, when you pass, you just get a "you've preliminarily passed" without any score. You never know your score when you pass; only that you've got 70% or greater.

I will say, it was the most difficult exam I've taken in long, long time. I'd rather go through 12 thesis defenses than go through that again. I took EVERY MINUTE of the six hours given. (3 hours, 50 questions in the morning, exactly 1 hour break, if you want it, for lunch, then 3 hours, 50 questions in the afternoon. YOU ARE FRIED when it's over. In a bad way, not good fried.
Once you've passed, that's it--never again do you have to take it, unless in the future, they change the requirements it so you have to prove you're taking continuing education. It's best to keep up on things, as a malpractice defense, if anything else. Plus the law has been changing so much, you just have to keep up with course work, or symposia or web-based mini courses or you will be very out of touch.

Here's the key to passing--YOU MUST MUST MUST ABSOLUTELY commit to memory all of the known past exams. October 2002 AM and PM; October 2003 AM and PM; April 2003 AM and PM. Yes the only exams the USPTO posted are over 12 years old! Once they moved to the computer based testing, they stopped posting the exam questions/solutions. Nevertheless, committing them to memory is well worth your time. DRILL until you consistently get through with a 90% or more score. Work for SPEED, know the fact patterns. Know WHY the wrong answers are wrong, as well as why the right answers are right. Being able to dispatch these questions in seconds on the real exam, then buys you time to LOOK UP THE REALLY HARD ONES, or the ones testing on recent, bizarre, changes to the law (AIA, PPH, etc.) THEY LOVE TO TEST OBSCURE THINGS; the electronic MPEP you get is SLOW, non-responsive and like the worst first-gen. Adobe pdf file you've ever seen. This EATS TIME. So getting easy points buys you time to do or look up the hard ones. You've only got 3.6 minutes per question. Sometimes the text for a single question goes on forever, because the answer choices can be paragraphs long, and differ by only one or two words!

DO NOT underestimate this exam, or the time it will take you to prepare. Don't feel bad if you don't pass the first time. People taking this are not used to failing exams, yet THEY DO. Most people miss passing by 1 or 2 points, I kid you not. The pass rate, which was as high as 60% 5 or 6 yrs ago, has now dropped to 43% in 2014.

Hope this answers your questions. Ask more !
Click to expand...


Hey, that's really great!! Congratulations. I may have to return to studying. For sure though, not this summer. Did you take an exam prep course? Any plans on going to work for USPTO? There was a lot of talk about a couple new facilities being built nationally, in Colorado and Silicon Valley as I recall.

BTW--- article on Bloomberg re: Inter Partes Review http://www.bloomberg.com/news/artic...s-targets-shire-in-new-drug-patent-challenges
 




Anonymous said:
Hey, that's really great!! Congratulations. I may have to return to studying. For sure though, not this summer. Did you take an exam prep course? Any plans on going to work for USPTO? There was a lot of talk about a couple new facilities being built nationally, in Colorado and Silicon Valley as I recall.

BTW--- article on Bloomberg re: Inter Partes Review http://www.bloomberg.com/news/artic...s-targets-shire-in-new-drug-patent-challenges
Click to expand...

Thank you. Go with PLI--it's well worth it. If you're a student or, perhaps unemployed due to the oh-so-caring pillar of the community Scarlet L, then you get a 50% (or more?) discount. It's worth it for this--Access to their proprietary test simulator. You can tailor make the questions, to concentrate on areas you need practice, then simulate under timed conditions. Well worth it. Plus, they're there for you UNTIL YOU PASS. They'll send you supplements if necessary (with all the seemingly monthly changes in legislation/Circuit/Supreme Court rulings, it can be helpful). The glacial pace with which the USPTO used to update the exam has, apparently, really picked up recently. Incorporating much new subject matter. I attribute this to the lowest pass-rate, since the exam went computer-based in 2004, in 2014--about 43%. You need to know OLD (Pre-AIA) law and rules as well as POST-AIA, it's sad and confusing, but what are you going to do?

Yes, Mr. Bass is onto something, eh? >80% invalidation rate of one or more claim(s) during IPR review...it's stunning. And at a FRACTION of the cost of patent litigation. Can be instated by ANYONE, at ANY TIME, 9-monts past the grant date. Hmmm...
 




Anonymous said:
Hey, that's really great!! Congratulations. I may have to return to studying. For sure though, not this summer. Did you take an exam prep course? Any plans on going to work for USPTO? There was a lot of talk about a couple new facilities being built nationally, in Colorado and Silicon Valley as I recall.

BTW--- article on Bloomberg re: Inter Partes Review http://www.bloomberg.com/news/artic...s-targets-shire-in-new-drug-patent-challenges
Click to expand...

Oh, one more thing. If you're going to work for the USPTO, don't bother taking the patent bar. Here's why: 1) They're looking for technical expertise--they then TEACH YOU the protocols for examining patents. 2) If you are at the USPTO, and leave after 3 or maybe 4 years, and you leave in good standing (that is to say, you weren't shown the door for incompetence) then you can apply for your registration number WITHOUT TAKING THE EXAM!! It's like a reward for ex-examiners (and incentive to stay there a minimum time). Pay outside of the PTO is much much better. But, PTO is the Guv'ment and there are great lifetime benefits that are yours unless you really hack things up.

A person taking the registration exam, to become a practitioner (Agent or Lawyer--it's the same test) is you are going to represent 3rd parties (inventors, the assignees, etc.) in proceedings before the USPTO to obtain a patent for your client. In order to be able to rebut the examiner's rejections, you have to know what they know (Law, rules, MPEP) plus have a technical understanding to rebut their contentions based on the facts, as well as the applicable law and rules.
 








Anonymous said:
Issue here: can you obtain a patent (utility or design) for sculpture? Why or why not? See if you can answer this, in 3.6 minutes or less, citing the appropriate law under 35 USC and/or rules under 37 CFR. Start now...
Click to expand...

You answered it a while back---design

It certainly has zero credibility, or utility
 




Anonymous said:
Thank you. Go with PLI--it's well worth it. If you're a student or, perhaps unemployed due to the oh-so-caring pillar of the community Scarlet L, then you get a 50% (or more?) discount. It's worth it for this--Access to their proprietary test simulator. You can tailor make the questions, to concentrate on areas you need practice, then simulate under timed conditions. Well worth it. Plus, they're there for you UNTIL YOU PASS. They'll send you supplements if necessary (with all the seemingly monthly changes in legislation/Circuit/Supreme Court rulings, it can be helpful). The glacial pace with which the USPTO used to update the exam has, apparently, really picked up recently. Incorporating much new subject matter. I attribute this to the lowest pass-rate, since the exam went computer-based in 2004, in 2014--about 43%. You need to know OLD (Pre-AIA) law and rules as well as POST-AIA, it's sad and confusing, but what are you going to do?

Yes, Mr. Bass is onto something, eh? >80% invalidation rate of one or more claim(s) during IPR review...it's stunning. And at a FRACTION of the cost of patent litigation. Can be instated by ANYONE, at ANY TIME, 9-monts past the grant date. Hmmm...
Click to expand...

When the Lilly mothership stopped producing blockbusters and switched to producing enemies, it was a veritable sea change in the White River hmmmmm?
 








Anonymous said:
Nope. Not patent eligible subject matter for a design patent either...
Click to expand...

Okay Patentguy you are begging the question...

Does it have utility in the sense of fooling several million people passing by on the freeway on a weekly basis, that this company is somehow involved with genuine basic scientific research with life saving measurable patient outcomes at an affordable price that will allow for a decent lifestyle despite their lifestyle-induced illnesses?

Please, please, say it ain't so...
 




Anonymous said:
Okay Patentguy you are begging the question...

Does it have utility in the sense of fooling several million people passing by on the freeway on a weekly basis, that this company is somehow involved with genuine basic scientific research with life saving measurable patient outcomes at an affordable price that will allow for a decent lifestyle despite their lifestyle-induced illnesses?

Please, please, say it ain't so...
Click to expand...


Bingo! Now you're thinking like a patent practitioner!! There's a rub though--you can't patent a thing whose sole utility is for committing a crime or criminal act. But, if you get a rejection based on this, it's a sign you weren't being creative enough. Now, to the matter at hand, think: "A Device for Calling Attention to MATTERS and The Method of Use Thereof"
There--now it's statutory patent eligible. You've passed the first of the five "filters" the USPTO invokes to reject claims.
 




Anonymous said:
When the Lilly mothership stopped producing blockbusters and switched to producing enemies, it was a veritable sea change in the White River hmmmmm?
Click to expand...


It's true that shadows tell the time
On sunny afternoons, on crowded sidewalks, passersby
I'm in a queue that stretches out
Far as the eye can see
It forms a figure eight and goes on for eternity
 




Anonymous said:

It's true that shadows tell the time
On sunny afternoons, on crowded sidewalks, passersby
I'm in a queue that stretches out
Far as the eye can see
It forms a figure eight and goes on for eternity
Click to expand...

That's so true....

I worked recently with a guy that traveled all over the world. When I asked him, "Well, what are Americans best at?"

He said, we are great at standing in line to buy something.

BTW--- Read the book "The Happiness Industry" --- it will explain many things. From Oxford
 








Anonymous said:
Some of us are best at remembering...
And waiting quietly in line to deliver
A dish best served up
COLD...

And we're not talking gazpacho...
Click to expand...

We need to erect a virtual Lilly Scientist Betrayal Holocaust Museum...

would be great fun.

Maybe we already have

It's never, ever a good idea to lie to a scientist.... especially if it's some bimbo from HR...

NEVER even think of it again vixens...
 








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