Question 1

Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.

Accepted Answer

Utility patents for inventions are valid for 20 years from the date of filing, not for the whole of the inventor's life and 70 years after that.

Question 2

The fair use doctrine for copyrights allows certain limited unauthorized use of copyrighted materials.

Accepted Answer

Fair use allows for limited unauthorized use of copyrighted materials for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, without the need for permission from the copyright owner. However, the determination of fair use is based on several factors and is ultimately determined on a case-by-case basis.

Question 3

After the copyright period runs out, the work enters the public domain.

Accepted Answer

After the copyright period expires, the work becomes available for public use and is no longer restricted by copyright laws. It can be freely copied, distributed, adapted, and used for any purpose without seeking permission from the original owner.

Question 4

A company slogan is an example of a trademark.

Accepted Answer

A company slogan can be protected as a trademark if it is distinctive and used in commerce to identify and distinguish the products or services of the company from those of others.

Question 5

A patent can only be claimed for a limited amount of time.

Accepted Answer

True. A patent grants the owner exclusive rights to an invention or process for a limited amount of time, usually 20 years from the date of filing. After that time, the invention enters the public domain and anyone can use or replicate it.

Question 6

The No Electronic Theft Act (NET Act)can be invoked for copyright infringements that do not involve financial gain.

Accepted Answer

The No Electronic Theft Act (NET Act) allows for criminal prosecution of copyright infringements, even if the offender does not make a financial gain from the infringement. This means that non-commercial sharing or use of copyrighted material may still be considered a criminal offense under the NET Act.

Question 7

Non-patented inventions that have been in public use for over a year can still be patented.

Accepted Answer

Non-patented inventions that have been in public use for over a year are considered to have entered the public domain and cannot be patented. This is known as the "public use" or "on-sale" bar.

Question 8

Utility patents for inventions are valid for 20 years.

Accepted Answer

Utility patents are valid for 20 years from the date of filing the patent application.

Question 9

Copyright for a work can only be claimed once the U.S. Copyright Office issues it.

Accepted Answer

Copyright protection is automatically granted in the United States from the moment a work is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device. Registration with the U.S. Copyright Office is not required to secure copyright, but it does provide legal benefits.

Question 10

Improvements to existing machines, processes, or compositions of matter cannot be patented.

Accepted Answer

Improvements to existing machines, processes, or compositions of matter can be patented under certain conditions, such as demonstrating novel and non-obvious modifications or improvements.

Question 11

The fair use doctrine for copyrights does not allow reproduction of a work in a legislative or judicial proceeding.

Accepted Answer

The fair use doctrine specifically allows for reproduction of a work in a legislative or judicial proceeding for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research.

Question 12

If an invention is obvious, then it does not qualify for a patent.

Accepted Answer

According to the legal requirement for patentability, an invention must not be obvious to a person having ordinary skill in the relevant field in order to qualify for a patent. Therefore, if an invention is obvious, it cannot receive a patent.

Question 13

A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.

Accepted Answer

A utility patent is a patent that may be obtained for a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. A design patent may be obtained for the ornamental nonfunctional design of an item.

Question 14

The trademark symbol "SM" is used to indicate a mark associated with a product.

Accepted Answer

The trademark symbol "TM" is used to indicate a mark associated with a product, while the symbol "SM" is used to indicate a service mark associated with a service.

Question 15

In the United States, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.

Accepted Answer

The answer of In the United States, the first person...

Question 16

A patent in the public domain can be purchased by a non-patent holder.

Accepted Answer

Once a patent is in the public domain, it cannot be purchased or owned exclusively by anyone; it is freely available for public use.

Question 17

The patent term begins to run from the date the patent is issued.

Accepted Answer

The patent term typically begins to run from the date on which the patent application is filed, not the date the patent is issued.

Question 18

The trademark symbol "TM" is used to indicate a registered mark.

Accepted Answer

The symbol "TM" indicates that a mark is being claimed by a company as their own, but it is not yet registered with the appropriate government agency. The correct symbol to use for a registered trademark is the "®" symbol.

Question 19

A competitor can lawfully discover a trade secret by performing reverse engineering.

Accepted Answer

Reverse engineering is a legal means by which competitors can discover trade secrets. However, if the information is obtained through unethical or illegal means, such as theft or bribery, it can lead to legal repercussions.

Question 20

A trademark is only issued if the registrant proves he has used the mark in commerce.

Accepted Answer

This is true. In the United States, a trademark is granted only to those who have used the mark in commerce in connection with the goods or services for which they are seeking protection. This is known as "use in commerce" and is a requirement for registration under the Lanham Act.

Quiz 8: Intellectual Property and Cyber Piracy