Question 1

In Maverick Recording Co.v.Harper,where Maverick Recording Co.sued Harper for copyright infringement for illegally downloaded audio files,the appeals court held that:
A)Harper's infringements were "innocent" so she should not have to pay any damages
B)Harper's infringements were "innocent" so she should only have to pay $200 per download
C)Harper's infringements were "innocent" so she should only have to pay $750 per download
D)Harper's infringements were not "innocent" so she should have to pay $750 per download
E)none of the other choices are correct

Accepted Answer

The appeals court held that Harper's infringements were not "innocent" and therefore she should have to pay $750 per download. This is because there was evidence that Harper knew or should have known that her actions were infringing, and therefore she should be held liable for damages. The court rejected the argument that Harper's ignorance of the law should excuse her from liability.

Question 2

Originality and novelty are key conditions for an invention:
A)to be copyrighted
B)to be sold
C)to be patented
D)to be traded in a free market
E)to be trademarked

Accepted Answer

In order to obtain a patent, an invention must be novel and non-obvious, meaning it cannot already exist and it must not be something that a person of ordinary skill in the relevant field would have thought of. Copyrights protect original works of authorship, such as books, music, and artwork. Trademarks protect a brand name or symbol. Selling and trading in a free market do not require any specific conditions related to originality or novelty.

Question 3

A patent is good for:
A)14 years from date granted
B)17 years from date granted
C)20 years from the date of issue
D)lifetime of the inventor plus 21 years
E)none of the other choices

Accepted Answer

The answer of A patent is good for:
A)14 years from...

Question 4

A patent may not be issued for:
A)a process
B)a manufacture
C)a composition of matter
D)a theory
E)it may be issued for any of the other choices

Accepted Answer

A patent cannot be issued for a theory as it is a concept or idea and not a tangible invention.

Question 5

A grant from the government conveying to and securing for an inventor the exclusive right to make,use,and sell an invention is a:
A)copyright
B)patent
C)trademark
D)trade secret
E)none of the other choices

Accepted Answer

This grant from the government is specifically for inventions, which is what a patent is for. Copyrights are for creative works such as literature or music, trademarks are for logos or brand names, and trade secrets are confidential information that a company wants to keep secret. Therefore, the correct choice is patent (B).

Question 6

If an invention was patented or described in a printed publication in this or a foreign country or in public use of no sale in the country more than one year prior to the application for patent in the United States then:
A)the invention can only be patented for 10 years
B)the invention cannot be patented
C)the invention cannot be patented without a 5 year grace period
D)the invention can only be patented in some states
E)none of the other choices are correct

Accepted Answer

According to the "on sale bar" and "public use bar" provisions of U.S. patent law, if an invention was patented or described in a printed publication in this or a foreign country or in public use of no sale in the country more than one year prior to the application for patent in the United States, then it cannot be patented.

Question 7

In Maverick Recording Co.v.Harper,where Maverick Recording Co.sued Harper for copyright infringement for illegally downloaded audio files,the appeals court held that:
A)Harper infringed the plaintiffs' exclusive right to reproduce their copyrighted works by downloading the 37 audio files to her computer without authorization
B)Harper did not infringe on the plaintiffs' rights because she had authorization
C)Harper infringed the plaintiffs' exclusive right to reproduce their copyrighted works by downloading the 37 audio files to her computer with authorization
D)Harper was "innocent" because she did not understand the Copyright Act
E)none of the other choices are correct

Accepted Answer

The appeals court held that Harper infringed the plaintiffs' exclusive right to reproduce their copyrighted works by downloading the 37 audio files to her computer without authorization. This is because Maverick Recording Co. had not given Harper authorization to download their copyrighted works.

Question 8

A patent is good for 20 years from:
A)the date granted
B)the date the invention reaches the market
C)the date the inventor began work on the invention
D)the date the inventor began the patent filing process
E)none of the other choices are correct

Accepted Answer

A patent is good for 20 years from the date it is granted by the patent office. This date is usually after a period of examination and review of the patent application by the patent office to ensure it meets the requirements for patentability.

Question 9

A grant from the government conveying to and securing for an inventor the exclusive right to make,use,and sell an invention is a:
A)copyright
B)goodwill
C)trademark
D)trade secret
E)none of the other choices

Accepted Answer

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a patent, which is not listed among the options provided.

Question 10

A patent is good for:
A)14 years from date granted
B)17 years from date granted
C)20 years from time of application
D)lifetime of the inventor plus 21 years
E)100 years

Accepted Answer

A patent is valid for 20 years from the time of the application, not from the date granted. This gives the inventor the exclusive right to make, use, and sell the invention for that period of time. After the expiration of the patent, the invention becomes part of the public domain and anyone can use it without infringement.

Question 11

A patent is good for 20 years from:
A)the date a patent reviewer establishes
B)the date the invention reaches the market
C)the date the inventor began work on the invention
D)the date the inventor began the patent filing process
E)none of the other choices are correct

Accepted Answer

In most jurisdictions, a patent is good for 20 years from the date on which the application for the patent was filed in the relevant patent office, or, in some cases, from the earliest priority date claimed by the patent. None of the options A, B, C, or D accurately describe this standard practice.

Question 12

The condition that patents must be for original inventions traces back to:
A)the British experience with abusive patents granted by King James I to raise money
B)the German experience with abusive patents granted by Adolf Hitler
C)the American experience with abusive patents granted as favors for senators
D)the New Zealand experience with an excessive number of patents being issued every year
E)none of the other choices are correct

Accepted Answer

The condition that patents must be for original inventions traces back to the British experience with abusive patents granted by King James I to raise money. He granted patents for ordinary goods and services, leading to a flood of litigation and corruption in the patent office. To prevent such abuse, the Statute of Monopolies was passed in 1624, which limited patents to original and new inventions. This became the basis for modern patent law in many countries, including the United States.

Question 13

Originality and novelty are key conditions for an invention:
A)to be copyrighted
B)to be sold
C)to be trademarked
D)to be traded in a free market
E)none of the other choices are correct

Accepted Answer

Originality and novelty are key conditions for an invention to be patented, not copyrighted, trademarked, sold, or traded in a free market. None of the provided options directly relate to the patenting process, which specifically requires originality and novelty.

Question 14

If an invention was known or used by others in this country,or patented or described in a printed publication in this or a foreign country,before the invention thereof by the applicant for patent then:
A)the invention can only be patented for 10 years
B)the invention can only be patented for 5 years
C)the invention cannot be patented without a 5 year grace period
D)the invention cannot be patented
E)none of the other choices are correct

Accepted Answer

If an invention was known or used by others in the country or patented or described in a printed publication in this or a foreign country before the invention thereof by the applicant for patent, then the invention is considered not novel and therefore cannot be patented.

Question 15

If an invention was known or used by others in this country,or patented or described in a printed publication in this or a foreign country,before the invention thereof by the applicant for patent then:
A)the invention can only be patented for 10 years
B)the invention can only be patented for 5 years
C)the invention cannot be patented without a 5 year grace period
D)the invention can only be patented in some states
E)none of the other choices are correct

Accepted Answer

If an invention was known, used, patented, or described in a publication before the invention by the applicant, it is considered prior art and cannot be patented, making all other specific conditions listed incorrect.

Question 16

In New York Times Co.v.Tasini,involving the electronic database reproduction of previously published newspaper articles,the Supreme Court held that:
A)the publisher newspaper had the reproduction rights as derivative works
B)the publisher newspaper had the reproduction rights since they were "works for hire"
C)the publisher newspaper had the reproduction rights under the Copyright Term Extension Act of 1998
D)electronic reproduction is not subject to the Copyright Act
E)none of the other choices

Accepted Answer

In New York Times Co. v. Tasini, the Supreme Court held that the electronic reproduction of previously published newspaper articles in databases without the permission of the freelance authors violated the authors' copyright, thus none of the provided choices accurately describe the Court's decision.

Question 17

An invention must be which of the following to get a patent?
A)genuine
B)useful
C)novel
D)not obvious
E)all of the other choices are necessary

Accepted Answer

To obtain a patent, an invention must meet all four criteria - genuine, useful, novel, and not obvious. Therefore, E is the correct answer as it includes all of the other necessary choices.

Question 18

The Copyright Act allows fair use of copyrighted material in which of the following:
A)to produce a news report about the material
B)to criticize the material
C)for teaching or scholarship
D)for all of the other specific choices
E)for none of the other choices unless permission is received

Accepted Answer

Fair use of copyrighted material is allowed for specific purposes such as news reporting, criticism, teaching, scholarship, research, and parody. Therefore, the correct answer is D as it includes all the other specific choices.

Question 19

In New York Times Co.v.Tasini,involving the electronic database reproduction of previously published newspaper articles,the Supreme Court held that:
A)the publisher newspaper had the reproduction rights as derivative works
B)the publisher newspaper had the reproduction rights since they were "works for hire"
C)the article authors had the reproduction rights
D)electronic reproduction is not subject to the Copyright Act
E)none of the other choices

Accepted Answer

In New York Times Co. v. Tasini, the Supreme Court held that the article authors had the reproduction rights, as electronic database reproduction of previously published newspaper articles constituted a separate publication and required the author's permission. The publisher newspaper did not have the reproduction rights, as they were not "works for hire" and did not qualify as derivative works.

Question 20

An invention need not show which of the following to get a patent?
A)genuine
B)useful
C)genius
D)not obvious
E)all of the other choices are necessary

Accepted Answer

While a certain degree of originality and innovation is necessary for an invention to receive a patent, it does not necessarily need to be a stroke of genius. As long as it meets the legal requirements of novelty, usefulness, and non-obviousness, it can be granted a patent.

Quiz 9: Intellectual Property

In Maverick Recording Co.v.Harper,where Maverick Recording Co.sued Harper for copyright infringement for illegally downloaded audio files,the appeals court held that:

Originality and novelty are key conditions for an invention:

A patent is good for:

A patent may not be issued for:

A grant from the government conveying to and securing for an inventor the exclusive right to make,use,and sell an invention is a:

If an invention was patented or described in a printed publication in this or a foreign country or in public use of no sale in the country more than one year prior to the application for patent in the United States then:

In Maverick Recording Co.v.Harper,where Maverick Recording Co.sued Harper for copyright infringement for illegally downloaded audio files,the appeals court held that:

A patent is good for 20 years from:

A grant from the government conveying to and securing for an inventor the exclusive right to make,use,and sell an invention is a:

A patent is good for:

A patent is good for 20 years from:

The condition that patents must be for original inventions traces back to:

Originality and novelty are key conditions for an invention:

If an invention was known or used by others in this country,or patented or described in a printed publication in this or a foreign country,before the invention thereof by the applicant for patent then:

If an invention was known or used by others in this country,or patented or described in a printed publication in this or a foreign country,before the invention thereof by the applicant for patent then:

In New York Times Co.v.Tasini,involving the electronic database reproduction of previously published newspaper articles,the Supreme Court held that:

An invention must be which of the following to get a patent?

The Copyright Act allows fair use of copyrighted material in which of the following:

In New York Times Co.v.Tasini,involving the electronic database reproduction of previously published newspaper articles,the Supreme Court held that:

An invention need not show which of the following to get a patent?