Deck 21: New Developments and International Patent Law

Question 1

When a European Patent Organization patent is granted, the patent is valid in any of the EPO countries designated and has the same force  as a patent granted in any one of the contracting nations.

Answer 1

True

Question 2

The 2014 U.S. Supreme Court decision Alice invalidated all software patents.

Answer 2

False

Question 3

Why did the America Invents Act ban patents for tax strategies?

Answer 3

This ban on tax strategy patents seems to ensure that one party does not receive a patent on such and thereby limit the ability of others to interpret U.S. tax law, which is in the public domain.

Question 4

What is the "patent cliff"?

Question 5

Human genes cannot be patented because they are products of nature.

Question 6

Filing a PCT application is deemed to be a request for protection in all PCT member countries.

Question 7

Generally, the European Patent Organization takes a far more conservative view in granting patents for software and for business methods than does the United States.

Question 8

Lab Corp. has created a clone of a cat. Is this patentable? Discuss.

Question 9

How have individual states attempted to curb litigation by patent trolls?

Question 10

The Patent Law Treaty aims to reduce formalities required in patent applications and maintenance.

Question 11

The practice of obtaining patents not because of a desire to exploit the invention but solely to thwart efforts by others who might claim rights in similar methods and processes is called ______.

Question 12

If a Paris Convention member country grants a patent for an invention, the other Paris Convention countries are obligated to grant a patent for the same invention.

Question 13

PCT applications are maintained in secrecy and are not published.

Question 14

Why are patent "trolls" also called nonpracticing entities?

Question 15

A PCT applicant may elect to forego entry into Chapter II of the PCT and begin seeking protection in individual countries after Chapter I.

Question 16

One may obtain a patent for a business method so long as one uses the words "apply it on a computer" in the patent application for the business method.

Question 17

The government of India is concerned that the holder of a patent for a critically important cancer-treating drug is not producing sufficient quantities of the drug at affordable prices to treat patients in India. What might the government do?

Question 18

One may not obtain a patent for an economic or business theory.

Question 19

If the foreign filing license requirements are violated, any corresponding U.S. application or patent is invalid.

Question 20

A PCT application automatically matures into a patent in any PCT country in which protection is desired.

Question 21

How did changing the term of a patent from 17 years from the date of grant to 20 years from the date of filing an application motivate applicants?

Question 22

A person may not file a patent application in another country for an invention made in the United States unless the Commissioner of Patents grants a license allowing the foreign filing or until six months after the filing of the U.S. application for the invention. Why?

Question 23

The America Invents Act changed patent law in several significant ways. Complete the following:
a.It changed the U.S. system from a first to ______ system to a first to ______ system.
b.It eliminated interference proceedings and replaced them with ______ proceedings to determine which inventor of two is the "true" inventor.
c.It broadened the category of people who may file patent applications. Not only inventors but also ______ may file patent applications.
d.It implemented several new post-grant challenges at the Patent Trial and Appeal Board, specifically, ______. (Identify two of the three proceedings.)

Question 24

A set of patents filed in multiple countries for a single invention by the same inventor(s) is called a[n] ______.

Question 25

Identify and discuss the two main phases of the PCT process.

Question 26

The Paris Convention right of priority means that, on the basis of a patent application filed in one of the member countries, the applicant may, within ___ ___ months, apply for patent protection in any of the other member countries and "capture" the earlier filing date.

Question 27

Briefly, in no more than a sentence or two, describe the effect of the 2014 U.S. Supreme Court decision Alice Corp. v. CLS Bank International, Inc. on software patents.

Question 28

How does the Patent Prosecution Highway help expedited patent protection for patent applicants?

Question 29

Briefly, what does the term "IP5" refer to?

Question 30

Identify an advantage to a patent applicant of capturing the Paris Convention right of priority.

Question 31

In what way did the Patent Cooperation Treaty change the international patent application process and make it more efficient for applicants?

Question 32

How might "crowdsourcing" prior art assist the USPTO in examining patents?

Question 33

The phase of the PCT process in which an applicant begins prosecution of the patent application in the particular countries in which protection is desired is called the ______ phase.

Question 34

Why is the significant time afforded to a patent applicant under the PCT desirable to patent applicants?

Question 35

Why is prosecuting a PCT application in individual countries often fairly expeditious?

Question 36

How would an "innovation box" stimulate patent innovation?

Question 37

Allied Trust Inc. charges its members $30,000 each year. Allied Trust then buys patents with these funds so that the patents cannot be used by trolls against the members. Members also will have free and unfettered access to the patents purchased. Such an arrangement is called a ______.

Question 38

A ______ prohibits publication of a patent application or issuance of a patent in the United States and foreign filing until the order is lifted.