Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves. This fuel also causes no wear on the engine of the car. Homer built a prototype in a workshop in his backyard. Before he seeks publicity, he would like to protect his invention and any business that emerges from the development and sale of his engines. In this regard, which of the following is false?
A) If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention.
B) Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application.
C) If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas.
D) If anyone steals his ideas, Ford could also sue in tort for injurious falsehood.
E) If he obtains a patent, the protection will be for a period of 20 years.

Question

Quizplus · Accepted Answer

C) is false because obtaining a patent does not mean giving up trade secret protection for aspects of the invention that are not disclosed in the patent. Trade secrets can protect additional, non-patented aspects of the technology or process.

Homer Ford Invented a Unique Pollution-Free Engine That Runs on Gas