DL320 FINAL EXAM, 2015

WIPO Academy Advanced Distance Learning Course on

Basics of Patent Drafting (DL320E15S1)

FINAL EXAM

Please provide the information required under nos. 1, 2 and 3 before proceeding. This page
should serve as a cover page when you upload your completed final exam paper.

1. Last Name, Name:

2. Email address:

3. Tutor:

Please read carefully the instructions below before you complete and submit your final exam:

It is estimated that completing this exam will take you around 8 hours of work. However, you
will be permitted to complete this exam during a period of approximately 5 days, on your own
schedule.

Your response to the final exam questions should be saved as Word document (Word 95 and
above). Upon completing your work, please upload your document in the final exam module
where you see ‘Add submission’.

You have until July 28, 2015, to upload your completed paper.

The Final Examination has two (2) parts: Section I is a multiple choice test accounting for 40%
of your mark on the Final Examination, and Section II is the claim drafting questions below
accounting for the remaining 60% of your mark on the Final Examination. You must complete
both Section I and Section II.

SUBMISSION OF EXAM: Please note that your exam must be uploaded onto the course and
not sent by email.

REGULATIONS & PLAGIARISM WARNING

• We are very interested in your own thoughts and writing in response to the questions in
the exam. This is for your benefit – to show you have really learned the material to qualify for
the WIPO certificate. It is also for our benefit – to demonstrate that the materials we use and
our teaching techniques are effective.

• WIPO Academy will check all submitted final exams for plagiarism, excessive referencing
and for exams which are identical or in which evidence of copying is apparent. Failing to
acknowledge and cite other people’s work or ideas, close paraphrasing, using passages
verbatim without referencing, extreme referencing (without any original work done by the
student), and copying other students’ work is considered academic dishonesty by WIPO
Academy. The Academy will record the incident, and the reasons for failing the exam in the
personal file of the concerned participants for future reference.
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Section II page 2

• Special focus is given to exams submitted by participants who share the same computer
during the course, come from the same Organization or University, in order to avoid the problem
of similar exams being submitted.

• Accordingly, responses to the questions in the final exam should be original.

• Final exams which have been reported with apparent plagiarism/copying will be returned
without being marked, resulting in failure to pass the exam.

• WIPO Academy recommends that students use appropriate citation styles, for example:

 Harvard referencing guide 2010 :

http://www.biosocsoc.org/sbha/reference/harvard_referencing_guide.pdf,
 Open University Harvard guide to citing references
http://www.open.ac.uk/libraryservices/documents/harvard_citation_hlp.pdf
 APA style: www.apastyle.org and http://www.apastyle.org/learn/quick-guide-on-
references.aspx
 Chicago manual of style: http://www.chicagomanualofstyle.org/tools_citationguide.html

and include a bibliography at the end of the final exam containing the necessary information for
the grader to identify the sources cited.

The 2010 Harvard Referencing Guide defines plagiarism in the following manner:

“1.2 Plagiarism

Plagiarism is passing off the work of others as your own. This constitutes academic theft and is a
serious matter which is penalised in assignment marking. The following extract is from the Anglia
Ruskin University Academic Regulations (2010). For full details see: Anglia Ruskin University.
2010. Anglia Ruskin University Academic Regulations. [online] 3rd edition. 2010 Available
at: < http://web.anglia.ac.uk/anet/academic/academic_regulations.phtml> Anglia Ruskin University
http://libweb.anglia.ac.uk/referencing/harvard.htm 5

“10.7 Plagiarism and collusion are common forms of assessment offence. They are defined as
follows:

“Plagiarism”

10.7.1 Plagiarism is the submission of an item of assessment containing elements of work produced
by another person(s) in such a way that it could be assumed to be the student’s own work.

Examples of plagiarism are:

• the verbatim copying of another person’s work without acknowledgement

• the close paraphrasing of another person’s work by simply changing a few words or altering the
order of presentation without acknowledgement
• the unacknowledged quotation of phrases from another person’s work and/or the presentation of
another person’s idea(s) as one’s own.

10.7.2 Copying or close paraphrasing with occasional acknowledgement of the source may also be
deemed to be plagiarism if the absence of quotation marks implies that the phraseology is the
student’s own.

10.7.3 Plagiarized work may belong to another student or be from a published source such as a
book, report, journal or material available on the internet.”
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NOTE FROM THE ACADEMY

The Exam for this course consists of a combination of Multiple Choice (20 questions-
40 points - 1 attempt - 120 min (2 hrs.)) and Drafting Exercise (60 points - to be done
during the 5 days). The multiple choice questions will be graded automatically by the
learning management system and you will know your score immediately. The actual
correct answers to the multiple choice questions will show in your file by August 10,
2015. The Academy’s questions are devised to test your knowledge. The Academy
invests high level of effort and time to bring to its participants peer reviewed questions
by patent drafting experts who are exposed to international practices in various fields
of technology. The Drafting Exercise consists of two questions which should be done
during the exam period (5 days).
 DL320E15S1 Final Exam
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FINAL EXAMINATION Section II (60 points): Claim Drafting

DIRECTIONS: Provide a complete response in the form of patent claims for each of the
two (2) questions below. Each question is scored out of a total of 30 points, for a total of
60 points for Section II.

QUESTION 1: YO-YO TOY CLAIM DRAFTING (30 POINTS)

DIRECTIONS: Based on the embodiment shown in the Figure and described below, Draft 1
independent claim and 3-5 dependent patent claims to a Yo-Yo toy as described below.

The invention relates to toys having a ball or a roller adapted to wind up and unwind on a cord
held at one end by the user of the toy.

The object of the invention is to provide a new and improved toy, in which the ball is rendered
exceedingly smooth and the necessary weight is provided to ensure a proper unwinding of the
ball and re-winding on the cord by the momentum caused by the unwinding of the ball. For the
purpose mentioned, use is made of a ball formed of hemispheres of glass, or other suitable
material, having their flat faces provided centrally with recesses for the reception of a wooden
hub, glued, cemented or otherwise fastened in the said recesses, and to which hub one end of
the cord is secured.

A practical embodiment of the invention is represented in the accompanying drawings forming a

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Section II page 5

part of this specification. Figure 1 is an elevation of the toy; Fig. 2 is an enlarged cross section
of the same; and Fig. 3 is a sectional side elevation of the same.

Two hemispheres A, A’, made of glass, are provided at their opposite flat faces with central
recesses A2 in which are secured the ends of a hub B by the use of glue, cement or other
suitable adhesive substance 0, the hub B being of a length in excess of the aggregate depth of
the recesses A2 so that the flat faces of the hemispheres A and A’ are held placed a suitable
distance apart for the passage of a cord D secured at one end to the middle portion of the hub
B, the other end being provided with a ring E adapted to be taken hold of by the user of the toy,
as indicated in Fig. 1. Optionally, the hemispheres are secured to the hub using a metal nail,
screw, bolt or other fastening member.

In using the toy, the cord D is wound up on the hub B, and then the cord D is held suspended
by the ring E to allow the ball to unwind on the cord D, it being understood that when the end of
the cord D is reached the ball keeps on rotating by the gathered momentum so as to rewind the
cord D on the hub B, whereby the ball is caused to travel on the cord D in winding the same up
on its hub B. The user of the toy, by proper manipulation of the cord D, can allow the ball to
alternately unwind or to rewind, and the toy can be kept in motion for a desired length of time.

In practice, the hemispheres A, A’ are preferably molded or pressed, with or without

ornamentation, as desired. Color may be applied to the ornamentations, so that when the ball
unwinds and winds up on the cord D, a very highly artistic effect is produced.
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Section II (continued)

QUESTION 2: SHOWER HEAD CLAIM DRAFTING (30 POINTS)

DIRECTIONS: Draft one main claim and 5-10 dependent or multiple dependent claims for the
invention described below (mechanical field).

Please draft your set of claims taking into account the best interest of your client. It should be
broad enough to encompass all embodiments of the invention. The claims should be clear; this
means that the main claim should comprise all the necessary features of the invention.

The main claim should at least be new. The dependent claims should represent fall back
position in anticipating the objections and ready to be combined with the main claim in case the
main claim is not inventive.

A brief description of the technical features of the invention is as follows:

My company has recently developed a new shower head in which LED gives a feedback about
the water temperature.

The first problem to solve is how to get rid of the battery. The battery has a limited life time and
needs to have a watertight compartment.

My solution is to use a small generator taking advantage of the water pressure. The flowing
water gears a mini turbine which is coupled with an alternator. The turbine is located along the
passage of the water. The alternator produces the electricity needed.

I have not invented this generator; it was already available for the control of watering system s
for crop fields. But according to my knowledge, it is the first time that it is used with a shower
head.

In my first sample, 4 red LED were placed and the result was very nice. No battery, the light is
on only when the water is flowing.

In the control module controlling the LED’s, I added a timer so that the colors generated by the
LED’s changed over the time. For that purpose, different color for the LED were used and
selectively (or in combination) activated.

I have developed a preferred embodiment with a temperature sensor that acts on the activation
of the LED. I used a plurality of LED’s of different colors. According to the temperature detected
by the sensor, the selection was made to one set of LED rather than a second set of LED. Of
course, according to the temperature, the two sets of LEDs can be activated at the same time to
create another color. Preferably at least some of the LED’s are red, the control module
activating the red LED’s when the temperature is above a predefined level corresponding to a
danger for humans.

In one of the versions developed for the European market, I have added an ON/OFF switch.
Even if my first market is a shower head, the same technology can be applied to any type of
taps.

I attach a picture of the final version as well as a picture of the power generator furnished by a
third party.
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TIP:

In order to help you draft a proper set of claims, you may start with a summary of the invention
(as an abstract), using the words of the inventor as well as your own presentation skills:

• The problem that should be solved

• The known solutions
• Important features of the invention
• Possible alternatives

Once you set up the abstract, please start drafting the independent claims. As you know, the
claims are the heart of a patent application. Claim 1 must include all the necessary and
sufficient technical features of the invention. A claim is a sentence of text without any limitation
in length, however good claims have to be concise and clear.

Claims should be presented in two parts, “part one” should contain the known elements
(preamble) and the second “part two” should contain the element or elements that are novel
(characterizing part).

While drafting your main claim, imagine how a competitor will copy your idea. The claim should
also try to cover as much as possible any potential infringing product in the future.

- End of Exam -