Question 1

Which of the following is the first step in protecting trade secrets?

Accepted Answer

A first step in protecting trade secrets is to identify confidential knowledge-based resources. It is useful for all businesses to conduct a trade secret audit, which simply lists all the valuable forms of information possessed by the business, including formulas, plans, reports, manuals, research, and knowledge of customers and suppliers.

Question 2

The Digital Millennium Copyright Act makes illegal the effort to get around devices used by copyright owners to keep their works from being infringed.

Accepted Answer

The Digital Millennium Copyright Act (DMCA) makes illegal the effort to get around (circumvent) devices used by copyright owners to keep their works from being infringed.

Question 3

Whom does the PTO assign to consider a patent application?

Accepted Answer

The PTO assigns a patent examiner to consider the application.

Question 4

Companies can be considered authors under copyright law.

Accepted Answer

Companies can be considered authors under copyright law.

Question 5

One can be liable for materially contributing to another's infringement with knowledge of the infringement.

Accepted Answer

In addition to inducing others to infringe, one can be liable for materially contributing to another's infringement with knowledge of the infringement.

Question 6

_____ is an order by a judge either to do something or to refrain from doing something.

Accepted Answer

An injunction is an order by a judge either to do something or to refrain from doing something.

Question 7

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

Accepted Answer

A trade secret is any form of knowledge or information that (1) has economic value from not being generally known to or readily ascertainable by proper means by, others and (2) has been the subject of reasonable efforts by the owner to maintain secrecy.

Question 8

Garry uses AOL, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. AOL can be held liable for Garry's actions.

Accepted Answer

The Digital Millennium Copyright Act relieves service providers from liability for unintentionally linking to a website that contains infringing materials.

Question 9

Copyright deals with original invention, like patents.

Accepted Answer

Unlike patent, copyright deals with original expression rather than invention.

Question 10

Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?

Accepted Answer

Plant patents apply to new varieties of asexually reproduced plants.

Question 11

The alphabetic arrangement of names in a telephone directory's white pages meets meet the necessary criteria to warrant a copyright.

Accepted Answer

The mere effort and alphabetic arrangement of names that went into a telephone directory's white pages was insufficiently creative to warrant a copyright.

Question 12

Misappropriation of a trade secret occurs when:

Accepted Answer

Misappropriation obviously occurs when one improperly acquires secret information through burglary, espionage or computer hacking. However, misappropriation also occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

Question 13

A patent application must, address each of the following except:

Accepted Answer

In the case of a utility patent the application must in words and drawings (1) explain how to make and use the basic invention; (2) show why the invention is different from prior art, that is, from all previous and related inventions or state of knowledge; and (3) precisely detail the subject matter that the inventor regards as the invention (called claims).

Question 14

Which of the following is true of violation of trade secrets' rights?

Accepted Answer

To violate another's trade secret rights, one must misappropriate the information.

Question 15

The Patent Cooperation Treat (PCT) allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

Accepted Answer

The Patent Cooperation Treat (PCT), which allows an applicant to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

Question 16

The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

Accepted Answer

In 1995, Congress passed the Federal Trademark Dilution Act. This law prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill.

Question 17

A _____ patent applies to useful, functional inventions.

Accepted Answer

An easy way to remember the distinction between a utility patent and a design patent is that the former applies to useful, functional inventions.

Question 18

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Accepted Answer

The Digital Millennium Copyright Act provides a safe-harbor for Internet service providers, protecting them from liability (1) for illegal copies that pass temporarily through their systems and (2) for permanent illegal copies stored in their systems.

Question 19

Copying for research or teaching are considered an infringement of the owner's property.

Accepted Answer

Fair use includes copying for "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."

Question 20

Proving that a patent is invalid because it was in commercial use at least one year before the patent was taken out requires that the defendant prove their case:

Accepted Answer

Principles under the patent law have led courts to determine that proof of invalidity must be made by "clear and convincing evidence" instead of the "preponderance of the evidence" standard that exists in most civil cases. This makes it more likely that a patent will be upheld in court.

Quiz 11: Intellectual Property

Which of the following is the first step in protecting trade secrets?

The Digital Millennium Copyright Act makes illegal the effort to get around devices used by copyright owners to keep their works from being infringed.

Whom does the PTO assign to consider a patent application?

Companies can be considered authors under copyright law.

One can be liable for materially contributing to another's infringement with knowledge of the infringement.

_____ is an order by a judge either to do something or to refrain from doing something.

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

Garry uses AOL, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. AOL can be held liable for Garry's actions.

Copyright deals with original invention, like patents.

Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually?

The alphabetic arrangement of names in a telephone directory's white pages meets meet the necessary criteria to warrant a copyright.

Misappropriation of a trade secret occurs when:

A patent application must, address each of the following except:

Which of the following is true of violation of trade secrets' rights?

The Patent Cooperation Treat (PCT) allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

A _____ patent applies to useful, functional inventions.

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Copying for research or teaching are considered an infringement of the owner's property.

Proving that a patent is invalid because it was in commercial use at least one year before the patent was taken out requires that the defendant prove their case: