Question 1

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Accepted Answer

This statement accurately describes the requirements for an invention to be patentable. The invention must be novel and non-obvious to someone with ordinary skills and knowledge in the relevant field.

Question 2

Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.

Accepted Answer

Once a patent is issued by the U.S. Patent and Trademark Office (USPTO), it is presumed valid immediately upon issuance. There is no public comment period after a patent is granted. The examination process prior to issuance includes any necessary review and objections.

Question 3

Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Accepted Answer

The Semiconductor Chip Protection Act does allow for reverse engineering for the purpose of analyzing, studying, and gaining information from a chip's mask work, specifically to create a new chip that is not a copy of the original. This means competitors can use the results of their study to design their own semiconductor chips, as long as they do not infringe on the original mask work's copyright.

Question 4

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.
A) suggestiveness, the characteristics of the service to which they relate.
B) fancifulness, the characteristics of the product to which they relate.
C) descriptiveness, a source-identifying function.
D) distinctiveness, a source-identifying function.

Accepted Answer

Trademark law categorizes marks along a spectrum of distinctiveness, based on a mark's capacity to serve a source-identifying function.

Question 5

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Accepted Answer

This statement accurately describes the doctrine of equivalents, which is a legal principle used to determine if a product or process is infringing on a patent even if it does not use all of the exact same elements as the patented invention. If an accused item or process performs substantially the same function in substantially the same way to achieve substantially the same result, it may be found to infringe under the doctrine of equivalents.

Question 6

The Lanham Act grants protection for:
A) marks.
B) patents.
C) copyrights.
D) trade secrets.

Accepted Answer

The Lanham Act, also known as the Trademark Act, provides protection for trademarks, service marks, and trade dress. Therefore, the correct choice is A.

Question 7

Written computer programs are not given the same protection as other copyrighted material.

Accepted Answer

Written computer programs are protected under copyright law, similar to other forms of creative expression such as books and music, ensuring their creators have exclusive rights to their use and distribution.

Question 8

ICANN is a nonprofit corporation responsible for:
A) granting safe harbors for good faith domain name violators.
B) removing cybersquatters from the internet.
C) resolving differences among domain names.
D) coordinating the use of domain names across the Internet.

Accepted Answer

The answer of ICANN is a nonprofit corporation responsible for:
A)...

Question 9

Stealing trade secrets can result in fines, but not imprisonment.

Accepted Answer

Stealing trade secrets can result in both fines and imprisonment, as it is a criminal offense under the Economic Espionage Act of 1996. Penalties can include fines up to $5 million for organizations or $500,000 for individuals, and imprisonment for up to 15 years.

Question 10

In limited circumstances customer lists are protected under trade secret laws.

Accepted Answer

Trade secret laws protect information that is confidential, has commercial value, and is subject to reasonable efforts to maintain secrecy. Customer lists may qualify for trade secret protection if they meet these criteria. However, not all customer lists automatically qualify for trade secret protection and it depends on the specific circumstances.

Question 11

Three types of patents available under U.S. law are:
A) utility, product, design.
B) design, packaging, invention.
C) design, plant, utility.
D) utility, regulatory, common law.

Accepted Answer

The three types of patents available under U.S. law are design patents, plant patents, and utility patents. Option A is not correct as "product" is not a type of patent. Option B is incorrect as "packaging" is not a type of patent, and "invention" is too broad and not specific to any type of patent. Option D is incorrect as "regulatory" and "common law" are not types of patents.

Question 12

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:
A) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B) the nature of the copyrighted work.
C) the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D) all of these.

Accepted Answer

All of these factors are considered in determining whether the limited use of copyrighted material may be considered fair use. The purpose and character of the use, the nature of the copyrighted work, and the amount used in relation to the whole work all play a role in the analysis. Additionally, courts may also consider whether the use may impact the potential market for the original work.

Question 13

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known, it loses the protection it had while secret.

Accepted Answer

The sharing of secret information for a special purpose, especially under conditions of confidentiality, does not inherently remove the protection of the information. The protection remains as long as the confidentiality obligations are respected and the information is not further disclosed without authorization.

Question 14

The DMCA provides a(n) _______ for internet service against claims of _______.
A) dispute resolution forum, copyright infringement.
B) indemnification, copyright infringement.
C) mechanism, trademark infringement.
D) safe harbor, copyright infringement.

Accepted Answer

The safe harbor provision under the DMCA provides protection for internet service providers against claims of copyright infringement by their users.

Question 15

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:
A) deceive purchasers into believing they have obtained a comparable product.
B) dilute the originator's resource investment in its product appearance.
C) usurp the business goodwill of the developer of the trade dress.
D) allow the mark pass into the English language (like 'aspirin') and become generic.

Accepted Answer

The answer of It is important to protect trade dress...

Question 16

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

Accepted Answer

Software licensing agreements typically include provisions that go beyond the rights provided by copyright law, such as restrictions on how the software can be used, copied, distributed, and modified. These terms give the licensor greater protection and control over their intellectual property.

Question 17

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

Accepted Answer

The statement accurately describes the Semiconductor Chip Protection Act of 1984. It created protection for mask works and semiconductor chip products to prevent piracy.

Question 18

The Digital Millennium Copyright Act :
A) made notice of copyrights no longer mandatory.
B) changed the life of a copyright.
C) was enacted to curb the pirating of software and other pirated works.
D) provided a safe harbor for copyright infringers.

Accepted Answer

The Digital Millennium Copyright Act (DMCA) was enacted in 1998 to curb the pirating of software and other pirated works. It introduced legal measures to protect digital copyright owners and prevent the unauthorized distribution of their work. The act includes provisions for the takedown of copyrighted material from websites, as well as safe harbor for internet service providers who take down such material in response to a takedown request. Notice of copyrights is still mandatory and the DMCA did not change the life of a copyright. It is not intended to provide a safe harbor for copyright infringers.

Question 19

Which of the following is not an exclusive right of the holder of a copyright?
A) To prepare works that are derived from the original work.
B) To obtain a court order enjoining use of the original work by another.
C) To distribute copies of recordings of the original work.
D) To display or perform the original work in public.

Accepted Answer

The exclusive rights of a copyright holder include preparing derivative works, distributing copies, and publicly performing or displaying the work. Obtaining a court order enjoining use of the work by another is a legal remedy for copyright infringement, not an exclusive right of copyright.

Question 20

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:
A) use the work.
B) reproduce the work.
C) display the work.
D) All of these

Accepted Answer

Copyright gives the creator the exclusive right to use, reproduce, and display their work. This means that no one else can use or reproduce their work without permission, and the creator has the sole right to publicly display their work.

Quiz 9: Intellectual Property Rights and the Internet

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.

Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Trademark law categorizes marks along a spectrum of , based on a mark's capacity to serve .

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

The Lanham Act grants protection for:

Written computer programs are not given the same protection as other copyrighted material.

ICANN is a nonprofit corporation responsible for:

Stealing trade secrets can result in fines, but not imprisonment.

In limited circumstances customer lists are protected under trade secret laws.

Three types of patents available under U.S. law are:

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known, it loses the protection it had while secret.

The DMCA provides a(n) _ for internet service against claims of _.

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

The Digital Millennium Copyright Act :

Which of the following is not an exclusive right of the holder of a copyright?

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively: