Question 1

Which of the following would a patent not protect?
A) A new design of disabling cellphones while driving
B) A new robotic process in a car plant
C) A new movie
D) A new drone designed to go underwater
E) A new 3D printing system.

Accepted Answer

Patents protect inventions, which include processes, machines, manufactures, and compositions of matter. They do not protect artistic works like movies, which are instead protected by copyright law.

Question 2

Which of the following is true about software piracy in China?
A) The Universal Copyright Convention of 1952, as revised in 1971, allows certain types of software to be copied.
B) Although China has imposed fines for piracy, no one has been imprisoned for such an offense.
C) Since 1999, progress on software piracy in China has not been made.
D) Since 1999, progress on software piracy in China has been made, though slowly.
E) China has strict intellectual property laws.

Accepted Answer

Since 1999, China has made progress in addressing software piracy, albeit at a slow pace. Efforts include legal reforms, enforcement actions, and increased awareness about intellectual property rights.

Question 3

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of the Berne Convention. The only criteria is that:
A) the U.S. recognizes the computer program.
B) the United Nations recognizes the computer program.
C) the program must be the intellectual creation of the author.
D) the author is a European citizen.
E) the computer program is compatible across the world.

Accepted Answer

The directive equates computer programs to literary works, focusing on the criterion that the program must be the intellectual creation of the author, aligning with the Berne Convention's emphasis on the protection of creative works.

Question 4

Which of the following is not a criterion that must be satisfied before a patent can be granted?
A) The subject of the patent must be patentable.
B) The subject of the patent must be fixed.
C) The object of the patent must be useful.
D) The object of the patent must be novel.
E) The object of the patent must be nonobvious.

Accepted Answer

The criteria for a patent to be granted include the subject being patentable, useful, novel, and nonobvious. The requirement for the subject to be "fixed" is not a recognized criterion in patent law.

Question 5

In states that have patent local rules, which of the following procedures is different in patent litigation than in other litigation?
A) A complaint is filed.
B) Discovery is conducted.
C) Terms are defined.
D) An answer is filed.
E) Patent litigation procedures are the same as any other litigation.

Accepted Answer

In patent litigation, especially in jurisdictions with patent local rules, a unique step involves the "claim construction" process, where terms used in the patent claims are formally defined by the court. This is a critical phase not typically found in other types of litigation.

Question 6

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Accepted Answer

The answer of Identify where a trademark is registered, what...

Question 7

In order to succeed on a claim of trade-dress infringement, what must a party prove?

Accepted Answer

The answer of In order to succeed on a claim...

Question 8

Ximena, who runs a successful real estate agency, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ximena thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the pamphlet's publisher what Ximena had done, and she was charged with copyright infringement. Ximena defended on the basis of the fair use doctrine. Discuss the four factors a court would consider in determining whether a violation occurred and whether you think Ximena would prevail.

Accepted Answer

The answer of Ximena, who runs a successful real estate...

Question 9

In what five key ways did the America Invents Act, passed in 2011, change the U.S. patent system?

Accepted Answer

The answer of In what five key ways did the...

Question 10

Paige is unhappy because a play she wrote and has a copyright on has been placed on the Internet. She hears that you are taking business law and asks what she can do in remedying the situation and suing Internet service providers. What would you tell her? Reference the federal law involved and its pertinent provisions.

Accepted Answer

The answer of Paige is unhappy because a play she...

Quiz 12: Intellectual Property

Which of the following would a patent not protect?

Which of the following is true about software piracy in China?

The Council of European Communities adopted a directive to protect computer programs by equating them with literary works under the standards of the Berne Convention. The only criteria is that:

Which of the following is not a criterion that must be satisfied before a patent can be granted?

In states that have patent local rules, which of the following procedures is different in patent litigation than in other litigation?

Identify where a trademark is registered, what one should do when requesting registration, and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

In order to succeed on a claim of trade-dress infringement, what must a party prove?

In what five key ways did the America Invents Act, passed in 2011, change the U.S. patent system?