Question 1

Words and phrases, such as names, titles, and slogans are copyrightable.

Accepted Answer

Words and phrases, such as names, titles, and slogans, are generally not copyrightable because copyright law does not protect short phrases or expressions. They may be protected by trademark law if used in commerce to identify the source of goods or services.

Question 2

The Economic Espionage Act criminalizes the misappropriation of trade secrets with the knowledge or intent that the theft will benefit a foreign power.

Accepted Answer

The statement is correct. The Economic Espionage Act does criminalize the misappropriation of trade secrets with the knowledge or intent that the theft will benefit a foreign power.

Question 3

Which of the following refers to any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others?

Accepted Answer

A trademark refers to any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others. A copyright pertains to the exclusive legal right to produce, reproduce, publish, or sell a literary, musical, or artistic work. A certification mark is used to certify the origin, material, mode of manufacture, quality or other characteristic of specific goods or services. A trade secret is confidential information that is valuable to a business or company and is not generally known to the public. A patent is a legal right granted by the government, giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years.

Question 4

Copyright protects the expression of ideas in some tangible form and the ideas themselves.

Accepted Answer

Copyright protects the expression of ideas in some tangible form, such as books or music, but it does not protect the ideas themselves.

Question 5

A patent is a legal right given to authors to prevent others from copying the expression embodied in a protected work.

Accepted Answer

The answer of A patent is a legal right given...

Question 6

According to the patent law, a means devised for the production of a given result can be patented.

Accepted Answer

According to patent law, a method or process that is new, involves an inventive step and has industrial applicability can be patented. This means that a means devised for the production of a given result can be patented, as long as it meets the criteria for patentability.

Question 7

An opposition proceeding is filed by those who feel that their own trademarks would be hurt by registration of a proposed mark.

Accepted Answer

An opposition proceeding is indeed filed by those who feel that their own trademarks would be hurt by registration of a proposed mark.

Question 8

Which of the following is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention?

Accepted Answer

A patent is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention. Trademarks, copyrights, certification marks, and service marks are all different types of intellectual property protection, but they do not give exclusive rights to an invention.

Question 9

A trade secret gives its owner the right to sue anyone who infringes it from making use of it.

Accepted Answer

The answer of A trade secret gives its owner the...

Question 10

Under current law, a design patent gives the inventor exclusive rights to use the design for twenty years.

Accepted Answer

The answer of Under current law, a design patent gives...

Question 11

McDonald's is an example of a service mark.

Accepted Answer

A service mark is a type of trademark that identifies and distinguishes the source of a service rather than a physical product. McDonald's is a registered service mark that represents the fast food restaurant and associated services.

Question 12

A trade secret refers to a process or chemical formula known only to an employer and those employees who need to know in order to use it in business.

Accepted Answer

This is the definition of a trade secret. It is proprietary information that is kept secret by the employer and shared only with those who have a legitimate need to know it for business purposes. This can include processes, formulas, customer lists, and other valuable business information.

Question 13

Which of the following is true of patents?

Accepted Answer

A design patent gives the owner exclusive rights to use the design for fourteen years. Choice A is incorrect because patent law is enacted by the Congress under the power given by Article I, not Article V of the Constitution. Choice B is incorrect because the length of a patent depends on the type of invention and can vary from 15 to 20 years. Choice C is incorrect because both processes and machines can be patented. Choice D is incorrect because a composition of matter can be patented if it is a new and non-obvious creation, not found in nature.

Question 14

In general, the United States grants a patent right to the first person to file for a patent on a product or process rather than to the first person to invent that product or process.

Accepted Answer

The answer of In general, the United States grants a...

Question 15

Intellectual property consists of intangible personal properties.

Accepted Answer

Intellectual property refers to creations of the mind such as inventions, literary and artistic works, symbols, names, and designs. These properties are intangible and are protected by law through patents, copyrights, trademarks, and trade secrets.

Question 16

A trademark is the right to prevent others from using a company's product name, slogan, or identifying design.

Accepted Answer

This is the definition of a trademark - it grants exclusive rights to the owner of the trademark to use the mark and to prevent others from using it in connection with similar goods or services.

Question 17

Under the Trademark Law Revision Act, a trademark once obtained remains protected for fifty years.

Accepted Answer

Under the Trademark Law Revision Act, a trademark once obtained remains protected for 10 years, and can be renewed indefinitely for successive 10-year periods as long as the trademark is still being used in commerce.

Question 18

The legal right given to authors to prevent others from duplicating the expression embodied in a protected work is known as a:

Accepted Answer

Copyright is a legal right given to authors or creators of original works of authorship to prevent others from duplicating the expression embodied in a protected work. This can include literary or written works, music, artwork, film, and software, among others.

Question 19

Intellectual properties are:

Accepted Answer

Intellectual properties are intangible personal property. They include patents, copyrights, trademarks, and trade secrets that are the result of creative and innovative activities of their owners.

Question 20

A copyright gives its holder the exclusive right to prepare derivative works based on the copyrighted work.

Accepted Answer

This is one of the exclusive rights granted to the holder of a copyright under the US Copyright Act.

Quiz 18: Intellectual Property