Posted here is the instruction portion of the final examination, posted initially on 11/20/2017. The actual question portion (which is not included) is 6 pages, double spaced.
Please read this document before the exam.
The exam is Monday, December 4, 2017, 6:00 p.m. to 9:00 p.m. (3 hours).
The exam room is 209 BLB.
Everyone must be in the exam room by 5:45 p.m. for examination distribution.
| Question |
11/25/17: will the exam test preAIA 102(g)? |
| Answer |
No as to 102(g)(1) (because of the exclusion of overheads 121 to 123 in the instructions), but 102(g)(2) is testable. |
| Question |
11/25/17: It seems like there are 5 different types of utility, among which the moral/beneficial utility was rejected by Fed. Cir. in the Juicy Whip case. My question is: do we need only one of the remaining 4 types of utility in order to meet the statutory requirement, or [do] we need all the remaining 4 types? |
| Answer |
In reference to overhead 79, all five types are testable. Moral utility will rarely invalidate a claim, but if a fact pattern is presented it would be an issue to recognize and discuss if raised by the facts. The other four types of utility are all ways in which a claim may fail the utility requirement. As discussed in class, they are not fully independent, but have some overlap. One or more might be raised by facts given. |
| Question |
{ more forthcoming? } |
| Answer |
Here is a prototype of the exam instructions I anticipate using on the final examination. I contemplate that the ultimate exam instructions will be substantially similar to these instructions, however, I reserve the right to change these exam instructions in any way.
Here is a document about how to write answers for my exams and some information about how I evaluate these answers. There may be revisions to this document during the Fall 2016 "exam season."
Here is a video of a presentation I gave about how to prepare for courses and course examinations. To be most useful, one should watch this video sometime during the first third of the course. Here are the slides used in that video.
Here is a video of a presentation I recommend about how to outline for a course. To be most useful, one should watch this video sometime during the first third of the course.
The items available are the Patent examination from Spring 2003, Spring 2004, and Spring 2006, and a composite student model answer (posted without any individually identifiable information) from students that earned a high grade for each class.
Please note that I generally calibrate the length of my exams with the number of course hours. For a three hour class, the examination will be up to, but no more than, 6 pages, double spaced.
The Spring 2006 Patent Law final examination is representative of the final examination I contemplate for the course.
Here is the Spring 2006 Patent Law examination, and here is the composite student model answer. Please note that the composite answer does not necessarily address every issue, nor resolve every issue in such a way as to earn all the points for that issue. Both the examination and the answer should be read in light of the documents I have posted above describing how to deal with my exams.
The Spring 2004 Patent Law final examination is representative of the final examination I contemplate for the course.
Here is the Spring 2004 Patent Law examination, and here is the composite student model answer. Please note that the composite answer does not necessarily address every issue, nor resolve every issue in such a way as to earn all the points for that issue. Both the examination and the answer should be read in light of the documents I have posted above describing how to deal with my exams.
The Spring 2003 Patent Law final examination is representative of the final examination I contemplate for the course.
Here is the Spring 2003 Patent Law examination, and here is the composite student model answer. Please note that the composite answer does not necessarily address every issue, nor resolve every issue in such a way as to earn all the points for that issue. Both the examination and the answer should be read in light of the documents I have posted above describing how to deal with my exams.
Last modified on November 20, 2017, by Greg R. Vetter