100+ Free PEB Selected International Patent Laws, Systems and Treaties Practice Questions

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2026 Statistics

Key Facts: PEB Selected International Patent Laws, Systems and Treaties Exam

4 hours

Official Exam Duration

Patent Examination Board (PEB)

50%

Pass Mark

PEB Examination Regulations

31 months

SA PCT National Phase Deadline

SA Patents Act Sec 43E / Rule 103

12 months

Paris Convention Priority Window

Paris Convention Article 4

20 years

TRIPS Minimum Patent Term

TRIPS Agreement Article 33

30 years

Budapest Deposit Minimum Period

Budapest Treaty Regulations

MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance. The PEB Group 1 examination on Selected International Patent Laws, Systems, Conventions and Treaties is a 4-hour written paper with a 50% pass mark required for qualifying as a South African Patent Attorney. Key topics include PCT procedures and 31-month SA national phase entry, Paris Convention 12-month priority rights, TRIPS minimum standards and compulsory licensing, EPC patentability and opposition, USPTO America Invents Act (AIA) rules, Budapest Treaty microorganism deposits, and regional African systems (ARIPO and OAPI).

Sample PEB Selected International Patent Laws, Systems and Treaties Practice Questions

Try these sample questions to test your PEB Selected International Patent Laws, Systems and Treaties exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 11(1) of the Patent Cooperation Treaty (PCT), which of the following is NOT a mandatory requirement for an international application to be accorded an international filing date by the Receiving Office?

A.The applicant is a resident or national of a PCT Contracting State

B.The application contains a designation of at least one Contracting State

C.The application contains a claim or claims on its face

D.The application includes an International Search Report prepared by a qualified ISA

Explanation: An International Search Report (ISR) is generated by an International Searching Authority (ISA) after the international filing date has been accorded, so its inclusion at the time of filing is not required under PCT Article 11(1). Article 11(1) strictly requires that the applicant meet nationality/residence requirements, the application be in a prescribed language, contain an indication that it is intended as an international application, designate states, name the applicant, and contain a description and at least one claim. Missing an ISR at filing is standard, as the search takes place during the international phase.

2A South African applicant files an international application under the PCT claiming priority from an earlier South African provisional application. Under PCT Rule 26bis.3, what is the maximum window within which priority can be restored if the 12-month priority period was missed?

A.Within 2 months from the expiration of the 12-month priority period

B.Within 6 months from the international filing date

C.Within 31 months from the priority date upon national phase entry

D.Priority cannot be restored under any circumstances under the PCT

Explanation: Under PCT Rule 26bis.3, if an international application is filed after the expiration of the 12-month priority period but within 2 months from that expiration date, the Receiving Office may restore the right of priority upon request. The applicant must satisfy either the 'due care' standard or the 'unintentional' standard depending on the Receiving Office's applicable national law. Filing after this 2-month restoration window results in absolute loss of the priority claim under the PCT framework.

3Which body is responsible for receiving PCT international applications filed by South African nationals or residents acting through the Companies and Intellectual Property Commission (CIPC)?

A.The International Preliminary Examining Authority (IPEA)

B.The Receiving Office (RO/ZA or RO/IB)

C.The World Trade Organization (WTO) IP Secretariat

D.The Patent Examination Board (PEB)

Explanation: Under PCT Rule 19, an international application must be filed with the competent Receiving Office (RO). For South African applicants, CIPC acts as the national Receiving Office (RO/ZA), or applicants may choose to file directly with the International Bureau of WIPO as Receiving Office (RO/IB). The IPEA conducts Chapter II examination, the WTO does not administer patent filings, and the PEB is a South African examining board for professional legal qualifications.

4Under PCT Article 19 and Rule 46, when and where may an applicant file amendments to the claims of an international application during the international phase?

A.With the Receiving Office within 12 months of the priority date

B.With the International Bureau within 2 months from the date of transmittal of the ISR or 16 months from the priority date, whichever expires later

C.With the International Searching Authority prior to the issuance of the Written Opinion

D.Exclusively during national phase prosecution before CIPC

Explanation: Under PCT Article 19(1) and Rule 46.1, after receiving the International Search Report (ISR), the applicant has one opportunity to amend the claims of the international application by filing amendments directly with the International Bureau (IB). The time limit is 2 months from the date of transmittal of the ISR to the applicant and the IB, or 16 months from the priority date, whichever period expires later. Article 19 amendments are published with the international application.

5What is the legal status and effect of an International Search Report (ISR) and Written Opinion (WO/ISA) issued under PCT Chapter I?

A.They constitute a binding legal grant of a patent across all PCT designated states

B.They are non-binding preliminary opinions on novelty, inventive step, and industrial applicability

C.They automatically invalidate any earlier national patent filings that lack identical wording

D.They serve as a final rejection of claims that cannot be overcome in any national phase

Explanation: Under PCT Rules 43 and 43bis, the International Search Report and Written Opinion issued by the ISA under Chapter I provide a non-binding opinion on whether the claimed invention appears to satisfy novelty, inventive step, and industrial applicability. These documents inform the applicant and national offices but do not bind designated offices during national phase examination. National offices (or deposit registries like CIPC) apply their own national laws.

6To initiate International Preliminary Examination under Chapter II of the PCT, what is the deadline under PCT Rule 54bis for filing a Demand with the competent IPEA?

A.3 months from transmittal of the ISR/WO or 22 months from the priority date, whichever expires later

B.12 months from the international filing date without exception

C.31 months from the priority date concurrently with SA national phase entry

D.6 months prior to the 18-month international publication date

Explanation: Under PCT Rule 54bis.1, the applicant must file a Demand for International Preliminary Examination with the competent IPEA prior to the expiration of 3 months from the date of transmittal to the applicant of the ISR and Written Opinion, or 22 months from the priority date of the application, whichever period expires later. Timely filing of a Demand allows the applicant to submit arguments and amendments under Article 34 to overcome objections before entering the national phase.

7During PCT Chapter II proceedings before the IPEA, under which provision may the applicant submit amendments to the description, claims, and drawings?

A.PCT Article 19

B.PCT Article 34(2)(b)

C.Paris Convention Article 4G

D.TRIPS Article 27

Explanation: Under PCT Article 34(2)(b) and Rule 66, the applicant has the right to amend the claims, description, and drawings before the International Preliminary Examining Authority (IPEA) produces the International Preliminary Report on Patentability (IPRP Chapter II). Unlike Article 19 amendments (which apply only to claims and are filed with the IB), Article 34 amendments apply to the entire specification and are examined by the IPEA.

8What is the primary difference between an IPRP issued under Chapter I (by the IB) and an IPRP issued under Chapter II (by the IPEA)?

A.Chapter I IPRP is legally binding on all national offices, whereas Chapter II IPRP is advisory

B.Chapter I IPRP is simply the Written Opinion of the ISA re-issued by the IB where no Demand was filed; Chapter II IPRP reflects examination after applicant arguments/amendments under Article 34

C.Chapter I IPRP covers trademark rights, while Chapter II IPRP covers utility models

D.Chapter I IPRP is issued at 31 months, whereas Chapter II IPRP is issued at 12 months

Explanation: Under PCT Rule 44bis, if no Demand for International Preliminary Examination is filed under Chapter II, the International Bureau issues an International Preliminary Report on Patentability (IPRP Chapter I), which is essentially the Written Opinion of the ISA. If a Demand is filed and Chapter II examination ensues, the IPEA issues an IPRP Chapter II (Article 35 report), which reflects the examiner's evaluation taking into account any amendments or arguments filed by the applicant under Article 34.

9Under PCT Article 21, when does international publication of a PCT application take place, and what is a key exception to this requirement?

A.Promptly after 18 months from the priority date; publication is omitted if the application is withdrawn before technical preparations are completed

B.At 12 months from filing; publication is omitted if national phase entry has commenced

C.At 31 months from priority; publication is mandatory even if the application was withdrawn at month 6

D.Immediately upon filing; publication is delayed only if requested under Budapest Treaty Rule 11

Explanation: PCT Article 21(2)(a) dictates that international publication occurs promptly after the expiration of 18 months from the priority date. Under PCT Rule 90bis.1 and Article 21(5), if the application is validly withdrawn (or priority claims are withdrawn) before technical preparations for publication have been completed by WIPO (typically 15 days before the publication date), international publication will not take place.

10Under Section 43E of the South African Patents Act 57 of 1978 and Rule 103(1)(a) of the Patent Regulations, what is the standard timeframe for entering the national phase in South Africa from a PCT application?

A.12 months from the international filing date

B.20 months from the priority date

C.31 months from the priority date (or earliest priority date if multiple)

D.48 months from the international publication date

Explanation: Section 43E of the SA Patents Act read with Rule 103(1)(a) of the Patent Regulations establishes that an applicant seeking national phase entry into South Africa must fulfill all national phase requirements within 31 months from the priority date (or earliest priority date where priority is claimed). South Africa extended its national phase deadline from 30 months to 31 months to provide applicants additional time.

About the PEB Selected International Patent Laws, Systems and Treaties Exam

MCQ-based study aid for the official assessment; it does not replace required writing, oral, portfolio, clinical, or hands-on performance. The Selected International Patent Laws, Systems, Conventions and Treaties examination is a mandatory Group 1 paper administered by the Patent Examination Board (PEB) in South Africa pursuant to the Patents Act 57 of 1978. It tests candidate patent attorneys on international patent treaties (PCT, Paris Convention, TRIPS, Budapest Treaty), regional patent systems (EPC, ARIPO, OAPI), major foreign patent jurisdictions (USPTO, EPO, JPO, CNIPA, India), and how these international frameworks interact with South African patent law and PCT national phase entry under Section 43E and Rule 103.

Assessment

100 multiple-choice questions (adapted study tool for the 4-hour closed-book written PEB examination)

Time Limit

4 hours

Passing Score

50%

Exam Fee

R1,500 - R2,500 (Patent Examination Board (PEB) / dtic / CIPC)

PEB Selected International Patent Laws, Systems and Treaties Exam Content Outline

30%

Patent Cooperation Treaty (PCT) & SA National Phase Entry

Filing international applications, Receiving Office, ISA/IPEA procedures, Rule 46/66 amendments, Chapter I & II IPRP reports, and Section 43E / Rule 103 national phase entry requirements in South Africa

20%

Paris Convention for the Protection of Industrial Property

National Treatment (Art 2), 12-month Right of Priority (Art 4), first application rules, independence of patents (Art 4bis), right of inventor (Art 4ter), temporary presence non-infringement exceptions (Art 5ter), and compulsory licensing rules (Art 5A)

20%

TRIPS Agreement & Budapest Treaty

TRIPS minimum standards (Art 27 subject matter, Art 28 rights, Art 33 20-year term), compulsory licensing (Art 31 & Art 31bis / Doha Declaration), and Budapest Treaty International Depositary Authority (IDA) organism deposit rules

15%

European Patent Convention (EPC) & Regional Systems

EPO patentability standards (novelty Art 54, Art 54(3) prior rights, inventive step Art 56 problem-solution approach, added matter Art 123(2)), post-grant opposition (Art 99), Unitary Patent system, ARIPO Harare Protocol, and OAPI Bangui Agreement

15%

USPTO System & Major International Jurisdictions

US America Invents Act (AIA) First-Inventor-to-File, 1-year grace period (35 USC 102(b)), Duty of Candor/IDS (37 CFR 1.56), Section 101 eligibility, double patenting/terminal disclaimers, post-grant IPR/PGR, and comparative analysis with South Africa's non-examining deposit system

How to Pass the PEB Selected International Patent Laws, Systems and Treaties Exam

What You Need to Know

Passing score: 50%
Assessment: 100 multiple-choice questions (adapted study tool for the 4-hour closed-book written PEB examination)
Time limit: 4 hours
Exam fee: R1,500 - R2,500

Keys to Passing

Complete 500+ practice questions
Score 80%+ consistently before scheduling
Focus on highest-weighted sections
Use our AI tutor for tough concepts

PEB Selected International Patent Laws, Systems and Treaties Study Tips from Top Performers

1Memorize critical PCT timelines: 12-month priority window, 18-month international publication, 16-month Rule 46 claim amendment window, 22-month Chapter II Demand deadline, and 31-month SA national phase entry deadline.

2Understand Section 43E and Rule 103 of the South African Patents Act regarding PCT national phase entry, required forms (Form P1, P2, P8), translations, and the 3-month late entry extension.

3Master Paris Convention Article 4 provisions, including the 'first application' rule under Article 4C(4) and independence of patents under Article 4bis.

4Know TRIPS Article 27 exclusions, Article 28 rights, Article 31 compulsory licensing requirements, and the Doha Declaration Article 31bis mechanism.

5Learn the Budapest Treaty deposit rules, International Depositary Authority (IDA) role, 30-year retention rule, and viability statements.

6Study EPO patentability criteria: absolute novelty (Art 54), Art 54(3) prior rights, problem-solution approach for inventive step (Art 56), and added matter restrictions under Art 123(2).

7Understand US AIA First-Inventor-to-File rules, 1-year grace period under 35 U.S.C. 102(b), Duty of Candor under 37 CFR 1.56, and Alice/Mayo 35 U.S.C. 101 subject matter eligibility.

8Differentiate between ARIPO (Harare Protocol designated regional office) and OAPI (Bangui Agreement monistic single patent system).

Frequently Asked Questions

What is the Patent Examination Board (PEB) Group 1 exam on International Patent Laws?

It is a mandatory written examination set by the statutory Patent Examination Board under the South African Patents Act 57 of 1978. Candidates must pass this exam (along with three other Group 1 papers) before progressing to Group 2 practical drafting papers to qualify as a registered South African Patent Attorney.

What is the deadline for PCT national phase entry into South Africa?

Under Section 43E of the SA Patents Act 57 of 1978 and Rule 103(1)(a) of the Patent Regulations, the standard national phase entry deadline into South Africa is 31 months from the earliest priority date. Rule 103(1)(b) allows a 3-month extension upon payment of the prescribed late extension fee.

How does the Paris Convention 12-month priority period work?

Under Article 4 of the Paris Convention, filing a regular national patent application in any member country grants a 12-month right of priority. Subsequent patent applications filed in other member countries within that 12-month window are treated for novelty and inventive step as if filed on the original priority date.

What are the core patent provisions of the TRIPS Agreement?

TRIPS Article 27 requires member states to make patents available for inventions in all fields of technology without discrimination. Article 33 mandates a minimum term of protection of 20 years from the filing date, and Article 31 establishes strict conditions for granting compulsory licenses.

What is the difference between ARIPO and OAPI regional patent systems in Africa?

ARIPO (Harare Protocol) operates a regional designation system for predominantly English-speaking African states where designated states can opt out or refuse protection individually. OAPI (Bangui Agreement) is a monistic unified system for French-speaking African states where a single granted patent automatically covers all member states without separate national validation.

How does South Africa's patent registration system differ from EPO and USPTO?

South Africa operates a non-examining (deposit) patent registry system where CIPC examines applications only for formal compliance, not for substantive novelty or inventive step. In contrast, the EPO and USPTO conduct full substantive examination before granting patents.