Notice of the updated Registration Examination
Examination for Registration to Practice in Patent Cases to be Updated to Include
Provisions from the America Invents Act and New Ex Parte Board of Appeals Rules
On or about January 31, 2012, the United States Patent and Trademark Office will update the content of the registration examination to cover two new rules issued September 26, 2011 in accordance with the Leahy-Smith America Invents Act. These new rules (a) permit prioritized examination of patent applications (Track I) and (b) revise the standard for granting inter partes reexamination requests. Additionally, the registration examination will include questions concerning the November 22, 2011 rules governing practice in ex parte appeals before the Board of Patent Appeals and Interferences.
Source of Questions and Answers
The rules governing prioritized examination are available at http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24467.pdf; the rules governing the revised standard for granting inter partes reexamination are available at http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24464.pdf; and the new rules governing ex parte patent appeals are available at http://www.gpo.gov/fdsys/pkg/FR-2011-11-22/pdf/2011-29446.pdf.
The update in the content of the registration examination will be accompanied by an update in the source material for the questions. The source for the questions and answers will be the Manual of Patent Examining Procedure (MPEP), Edition 8, Revision 8, as well as other published USPTO policy and procedure reference materials. The source materials are identified at http://www.uspto.gov/ip/boards/oed/aia_regexamsourcematerial.jsp
Inconsistency Between MPEP and Other Source Materials
The applicable laws, rules and procedures as set forth in the published USPTO policy and procedure reference material will control in the event of a conflict with the MPEP, Edition 8, Revision 8.