Question 1

The patent term begins to run from the date the patent is issued.

Accepted Answer

A) True 
 B)False

Question 2

Seattle Paint Company developed a new exterior house paint that can be properly applied even in the rain.How can this formula be protected without filing for a patent?

Accepted Answer

A)  Without a patent, no protection is available. 
B)  If the company takes all reasonable steps to avoid discovery of the trade secret, it can be protected against some, but not all, methods of discovery of the secret. 
C)  by putting a notice on the cans of paint that the formula is a protected trade secret 
D)  by registering a trademark for the product specifying that the product is distinctive 
E)  by filing a trade secret application with the U.S. Patent and Trademark Office 
A)  Without a patent, no protection is available. 
B)  If the company takes all reasonable steps to avoid discovery of the trade secret, it can be protected against some, but not all, methods of discovery of the secret. 
C)  by putting a notice on the cans of paint that the formula is a protected trade secret 
D)  by registering a trademark for the product specifying that the product is distinctive 
E)  by filing a trade secret application with the U.S. Patent and Trademark Office

Question 3

When can an ordinary word such as "window" be granted trademark protection?

Accepted Answer

A)  in any situation if the applicant is the first to apply for trademark protection of that word 
B)  if the applicant can prove that the use of the word is novel 
C)  if the word has acquired a secondary meaning 
D)  if the applicant has used the word in the name of its product for at least 10 years 
E)  if the word has become a generic term 
A)  in any situation if the applicant is the first to apply for trademark protection of that word 
B)  if the applicant can prove that the use of the word is novel 
C)  if the word has acquired a secondary meaning 
D)  if the applicant has used the word in the name of its product for at least 10 years 
E)  if the word has become a generic term

Question 4

A trademark is a distinctive mark,symbol,name,word,motto,or device that identifies the services of a particular business.

Accepted Answer

A) True 
 B)False

Question 5

In general,trademark protection is granted based on whether the trademark is:

Accepted Answer

A)  novel and useful. 
B)  the original creation of the trademark registrant. 
C)  understandable to the general public. 
D)  distinctive. 
E)  marketable. 
A)  novel and useful. 
B)  the original creation of the trademark registrant. 
C)  understandable to the general public. 
D)  distinctive. 
E)  marketable.

Question 6

What is the effect of the No Electronic Theft Act?

Accepted Answer

A)  It provides a method for the federal government to criminally attack copyright infringement and curb digital privacy. 
B)  It provides for imprisonment for up to one year for violation of the Act. 
C)  It provides for fines of up to $100,000 for violation of the Act. 
D)  It provides a method for the federal government to criminally attack copyright infringement and curb digital privacy, it provides for imprisonment for up to one year for violation of the Act, and it provides for fines of up to $100,000 for violation of the Act. 
E)  The No Electronic Theft Act did not become law; although the Act was proposed and passed by the U.S. Congress in 1997, it was not passed by the Senate. 
A)  It provides a method for the federal government to criminally attack copyright infringement and curb digital privacy. 
B)  It provides for imprisonment for up to one year for violation of the Act. 
C)  It provides for fines of up to $100,000 for violation of the Act. 
D)  It provides a method for the federal government to criminally attack copyright infringement and curb digital privacy, it provides for imprisonment for up to one year for violation of the Act, and it provides for fines of up to $100,000 for violation of the Act. 
E)  The No Electronic Theft Act did not become law; although the Act was proposed and passed by the U.S. Congress in 1997, it was not passed by the Senate.

Question 7

Abstractions and scientific principles cannot be patented unless they are part of the intangible environment.

Accepted Answer

A) True 
 B)False

Question 8

Patent protection is provided for in the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 9

Will someone who uses a short section of a copyrighted work in a critical review be subject to copyright infringement?

Accepted Answer

A)  no, because of the fair use doctrine 
B)  no, if he or she obtained the original copyrighted work through legitimate means 
C)  yes, if he or she did not pay the author for his or her use of the material 
D)  yes, if he or she did not obtain permission from the author for his or her use of the material 
E)  yes, because of the fair use doctrine 
A)  no, because of the fair use doctrine 
B)  no, if he or she obtained the original copyrighted work through legitimate means 
C)  yes, if he or she did not pay the author for his or her use of the material 
D)  yes, if he or she did not obtain permission from the author for his or her use of the material 
E)  yes, because of the fair use doctrine

Question 10

To be patented,an invention must be novel,useful,and obvious.

Accepted Answer

A) True 
 B)False

Question 11

John has invented a device to monitor the tire pressure on bicycle tires.This device consists of a tire pressure sensor on the tire with a radio transmitter and a receiver mounted on the handlebars to give a read-out of the pressure.The radio transmitter is similar to existing designs,but one has never been used in this way.The product cannot be produced for less than $120,but John's preliminary marketing studies indicate that the product could not be sold for more than $25.Which of the following is true?

Accepted Answer

A)  John cannot get a patent, because the transmitter part is not a new invention. 
B)  John cannot get a patent, because the inability to produce the product at a cost low enough to sell it means it does not meet the usefulness requirement. 
C)  John can get a provisional patent, which would provide limited protection until he can redesign it so it can be made for under $25. 
D)  John can obtain protection for his invention even if someone else files a patent application for the same invention, so long as John actually invented his first. 
E)  John can obtain protection for his invention even if someone else files a patent application for the same invention, so long as John actually invented his first and pays a fee of $1,000. 
A)  John cannot get a patent, because the transmitter part is not a new invention. 
B)  John cannot get a patent, because the inability to produce the product at a cost low enough to sell it means it does not meet the usefulness requirement. 
C)  John can get a provisional patent, which would provide limited protection until he can redesign it so it can be made for under $25. 
D)  John can obtain protection for his invention even if someone else files a patent application for the same invention, so long as John actually invented his first. 
E)  John can obtain protection for his invention even if someone else files a patent application for the same invention, so long as John actually invented his first and pays a fee of $1,000.

Question 12

Federal patent law recognizes categories of innovation that can be patented.These include all but which of the following?

Accepted Answer

A)  machines 
B)  processes 
C)  names 
D)  designs for an article of manufacture 
E)  asexually reproduced plants 
A)  machines 
B)  processes 
C)  names 
D)  designs for an article of manufacture 
E)  asexually reproduced plants

Question 13

Trade secrets may be product formulas,patterns,designs,compilations of data,customer lists,or other business secrets.

Accepted Answer

A) True 
 B)False

Question 14

With computer software,source code but not object code can be copyrighted.

Accepted Answer

A) True 
 B)False

Question 15

A court has the discretion to award up to treble damages if the patent infringement was intentional.

Accepted Answer

A) True 
 B)False

Question 16

The word "mark" collectively refers to each of the following except:

Accepted Answer

A)  trademarks 
B)  service marks. 
C)  certification marks. 
D)  business marks. 
E)  collective membership marks. 
A)  trademarks 
B)  service marks. 
C)  certification marks. 
D)  business marks. 
E)  collective membership marks.

Question 17

Copyrights owned by businesses are for the same term as copyrights owned by individuals.

Accepted Answer

A) True 
 B)False

Question 18

The Uniform Trade Secrets Act has been adopted by all fifty states.

Accepted Answer

A) True 
 B)False

Question 19

An invention is novel if it has some practical purpose.

Accepted Answer

A) True 
 B)False

Question 20

In a trademark infringement case,the court may award each of the following except:

Accepted Answer

A)  treble damages. 
B)  profits made by the infringer through the unauthorized use. 
C)  damages for injury to the plaintiff's business and reputation. 
D)  an order requiring the defendant to destroy goods with the unauthorized mark. 
E)  punitive damages. 
A)  treble damages. 
B)  profits made by the infringer through the unauthorized use. 
C)  damages for injury to the plaintiff's business and reputation. 
D)  an order requiring the defendant to destroy goods with the unauthorized mark. 
E)  punitive damages.

Exam 7: Intellectual Property and Cyber Piracy

The patent term begins to run from the date the patent is issued.

Seattle Paint Company developed a new exterior house paint that can be properly applied even in the rain.How can this formula be protected without filing for a patent?

When can an ordinary word such as "window" be granted trademark protection?

A trademark is a distinctive mark,symbol,name,word,motto,or device that identifies the services of a particular business.

In general,trademark protection is granted based on whether the trademark is:

What is the effect of the No Electronic Theft Act?

Abstractions and scientific principles cannot be patented unless they are part of the intangible environment.

Patent protection is provided for in the United States Constitution.

Will someone who uses a short section of a copyrighted work in a critical review be subject to copyright infringement?

To be patented,an invention must be novel,useful,and obvious.

Federal patent law recognizes categories of innovation that can be patented.These include all but which of the following?

Trade secrets may be product formulas,patterns,designs,compilations of data,customer lists,or other business secrets.

With computer software,source code but not object code can be copyrighted.

A court has the discretion to award up to treble damages if the patent infringement was intentional.

The word "mark" collectively refers to each of the following except:

Copyrights owned by businesses are for the same term as copyrights owned by individuals.

The Uniform Trade Secrets Act has been adopted by all fifty states.

An invention is novel if it has some practical purpose.

In a trademark infringement case,the court may award each of the following except:

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

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