Which of the following is true with regard to the law governing patents?
A) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application.
B) Computer programs, as a general rule, can be patented as well as copyrighted, because they are a set of instructions to a computer.
C) If a patent is developed by an employee, the employee has the right to obtain the patent.
D) In exchange for the monopoly given under the Patent Act, the owner of the patent must disclose the invention in its entirety.
E) An amendment to the Patent Act allows patent protection automatically.

Question

Quizplus · Accepted Answer

D is correct because the fundamental principle of patent law is that the inventor is granted a temporary monopoly (usually 20 years from the filing date) on their invention in exchange for full disclosure of how to make and use the invention. This disclosure requirement ensures that the public can benefit from the new knowledge and that the invention can be freely used once the patent expires. Choices A, B, C, and E are incorrect based on general principles of patent law: A) is incorrect because public disclosure of an invention more than one year before filing can actually prevent a patent from being granted in many jurisdictions; B) is incorrect because, while computer programs can be patented in some jurisdictions if they meet certain criteria, the statement is overly broad and does not reflect the complex reality of software patentability; C) is incorrect because typically, inventions made by an employee in the course of their employment are owned by the employer, not the employee, unless there is an agreement to the contrary; E) is incorrect because patent protection is not automatic and requires a formal application and approval process.

Which of the Following Is True with Regard to the Law