The below is a sample of what the NDA could look like starting April 2nd on the Patent Bar Exam:
This exam is confidential and proprietary. It is made available to you, the examinee, solely for the purpose of assessing your proficiency level in the skill area referenced in the title of this exam. You are expressly prohibited from disclosing, publishing, reproducing, or transmitting the content, or substantially similar content, of this exam, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose. By clicking “Yes” below, you agree not to disclose, publish, reproduce, or transmit the content, or substantially similar content, of this exam, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose.
o Yes, “I have read and agree to the terms stated above.”
o No, “I Do Not Agree.”
As stated, if a test-taker does NOT agree to this, they will be prevented from actually taking the exam.
In summary, this additional change will further alter the landscape of study materials for the Patent Bar Exam come April, and could result in the USPTO taking legal action against offenders. Test-takers will want to be aware of the potential ramifications of discussing material online, especially post-April.
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