Quiz 1--The Basics

Question 1

Intellectual Property

Answer 1

Products of human creativity–products and process inventions, articles, poems, songs, slogans, logos, etc. (Different from personal property and real property which ware tangible)

Question 2

Main Types of Intellectual Property

Answer 2

Patents**
Trademarks**
Copyrights**
Trade Secrets

**Rights to exclude others

Question 3

Why have laws been passed to protect IP?

Answer 3

To stimulate and promote further creativity, encourage technical progress

Question 4

PATENTS

Answer 4

Provide a temporary monopoly.
Provide the right to prevent others from making, using, or selling a claimed invention

Question 5

Types of Patents

Answer 5

utility, design, plant

Question 6

Utility Patents

Answer 6

protect products and processes that are useful, novel, and non-obvious

Question 7

Plant Patents

Answer 7

Protect new plants that are not produced from seed

Question 8

Design Patents

Answer 8

Protect the DECORATIVE features of a useful article

Question 9

Provisional patent applications

Answer 9

Provide a filing date benefit for a future nonprovisional patent application.

Automatically expires after one year

They are never published or examined

They do not need to include claims and can be in any written format

Sometimes a presentation or journal article is filed as a provisional patent application

Question 10

Stages of Inventive Activity

Answer 10

(1) Conception of an invention (developing the means for obtaining a desired result)

(2) Reduction to practice of an invention (2 types)

Constructive and Actual reductions to practice.

Question 11

Constructive reduction to practice

Answer 11

Filing a patent application, even if the product is not actually made and/or the process is not actually practices

Question 12

Actual Reduction to Practice

Answer 12

making an actual physical embodiment of an invention or actually practicing a method

Question 13

Standards of patentability

Answer 13

The invention must be novel and must be nonobvious to a person having ordinary skill in the art (PHOSITA) to which the invention pertains

Question 14

102 rejection

Answer 14

lack of novelty (refers to 35 USC 102)

Question 15

103 objection

Answer 15

rejection due to nonobviousness (referring to 35 USC 103)

Question 16

Trademarks

Answer 16

are logos, symbols, etc. that indicate source, quality and ownership of a product (trademark) or service (service mark)

It is a guarantee of quality and consistency.

used to build goodwill and consumer recognition

Trademarks can remain effective for an indefinite period of time as long as they are being used and fees are paid.

Question 17

TM should not…

Answer 17

Be functional

TMs should be arbitrary and suggestive, not functional

Descriptive marks can only be registered under certain circumstances.

TM denotes a trademark that is not federally registered, the circled r indicates it is federally registered.

Question 18

Trademarks cannot…

Answer 18

be confusingly similar to someone elses’ mark in the same channel of trade

a trademark cannot be generic (i.e. cannot register “apple” to sell apples)

Question 19

Federal registration is recommended but not required. State registration is also an option.

Question 20

How to properly use a trademark:

Answer 20

Use the trademark as an adjective (Kleenex tissues):

Do not use the trademark as a noun (Kleenex)

Do not use the trademark in the plural (incorrect: buy two Dr. Peppers; correct: two Dr. Pepper soda beverages)

Do not use the trademark as a verb (incorrect–Xerox the document; correct–make a copy using a Xerox copier)

Question 21

Copyrights

Answer 21

Is a legal term used to describe the rights that creators have over their literary and artistic works.

Non-human endeavors cannot be protected by copyright

Granted to authors for oricinal authorship–
(Literary, dramatic, musical and artistic works, including choreographic works, films, computer software, databases, technical drawings, audio visual material, compilations, architecture, marketing materials.

One can copyright both good and poor quality works. To people can independently create similar works without knowledge of each other’s work, but an infringement problem may result if one perons copies another.

Question 22

Copyright protection automatically begins when the work is created in fixed form.

Question 23

Fair Use (Copyrights)

Answer 23

Limited use of another party’s copyrighted material is allowed in certain circumstances

Question 24

Derivative Work

Answer 24

An expressive creation that includes major copyright-protected elements of an original, previously created first work (the underlying work)

Question 25

The copyright owner has the right to reproduce the work, prepare derivative works (such as a movie based on a book), distribute copies of the work, and display it. Federal Registration is available for copyrights but is not required.

Question 26

Trade Secrets

Answer 26

No requirement to file an applicaton or register anything Technology-related trade secrets cannot be cpable of being reverse engineered Valuable business information can be protected as a trade secret; if a competitor knew this information, they would have a benefit or an advantage. Examples: recipes, customer lists, financial plans, and marketing plans Can be simple or complex, but must be secret Protection can last forever as long as the product, process, or other information cannot be reverse-engineered by the public or a competitor Example: the Coca-Cola recipe is still considered a trade secret