Question 1

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

Accepted Answer

A) True 
 B)False

Question 2

A design dictated by function may be protected by a(n)__________ patent.

Accepted Answer

A)  equivalents 
B)  design 
C)  utility 
D)  useful articles 
A)  equivalents 
B)  design 
C)  utility 
D)  useful articles

Question 3

A(n)__________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Accepted Answer

A)  arbitrary 
B)  suggestive 
C)  descriptive 
D)  fanciful 
A)  arbitrary 
B)  suggestive 
C)  descriptive 
D)  fanciful

Question 4

Susan may get a patent on the new type of rose she developed through asexual reproduction.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is not a type of U.S.patent?

Accepted Answer

A)  Plant patent 
B)  Design patent 
C)  Service patent 
D)  Utility patent 
A)  Plant patent 
B)  Design patent 
C)  Service patent 
D)  Utility patent

Question 6

Fact Pattern 11-1
Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory.
-Refer to Fact Pattern 11-1.Assuming the validity of the earlier patent,which of the following is true regarding Samantha's rights to legally continue selling the combs?

Accepted Answer

A)  She should stop selling the combs immediately. 
B)  She may continue selling the combs until she sells the rest of her inventory, but she must then stop. 
C)  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely without providing any royalties to the holder of the initial patent. 
D)  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely, but she must pay reasonable royalties to the holder of the initial patent. 
A)  She should stop selling the combs immediately. 
B)  She may continue selling the combs until she sells the rest of her inventory, but she must then stop. 
C)  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely without providing any royalties to the holder of the initial patent. 
D)  Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely, but she must pay reasonable royalties to the holder of the initial patent.

Question 7

The patent practice of other countries is often different from that of the U.S.

Accepted Answer

A) True 
 B)False

Question 8

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

Accepted Answer

A) True 
 B)False

Question 9

After a patent expires,the invention is dedicated to the public.

Accepted Answer

A) True 
 B)False

Question 10

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Accepted Answer

A) True 
 B)False

Question 11

Fact Pattern 11-2
Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages.
-Refer to Fact Pattern 11-2.Can Copy Store be found guilty of copyright infringement?

Accepted Answer

A)  No, because the use was for education and would be considered a fair use. 
B)  No, because Professor Peter ordered the copying, and the store was simply following directions. 
C)  Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission. 
D)  Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement. 
A)  No, because the use was for education and would be considered a fair use. 
B)  No, because Professor Peter ordered the copying, and the store was simply following directions. 
C)  Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission. 
D)  Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.

Question 12

McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food.Although still in the developmental phase,McBurger has been very careful not to release any information regarding the process.The information is constantly under lock and key.Jerry,a competitor's employee,took a public tour of McBurger University to evaluate going to work for McBurger.While on the tour,he accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jerry realized that probably no one else would recognize the process,and said nothing.Jerry was able to duplicate McBurger's process,and is now about to be promoted to vice-president of his company.Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.

Accepted Answer

McBurger could try suing for misappropri

Question 13

Which of the following are defenses to patent-infringement claims?

Accepted Answer

A)  Noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement 
B)  Noninfringement, invalidity of the patent, fair use, and innocent infringement 
C)  Noninfringement, fair use, misuse of the patent, and innocent infringement 
D)  Fair use, misuse of the patent, innocent infringement, and illegality of the patent 
A)  Noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement 
B)  Noninfringement, invalidity of the patent, fair use, and innocent infringement 
C)  Noninfringement, fair use, misuse of the patent, and innocent infringement 
D)  Fair use, misuse of the patent, innocent infringement, and illegality of the patent

Question 14

The federal trademark act is known as the __________ Act.

Accepted Answer

A)  Trademark 
B)  Signal 
C)  Smith 
D)  Lanham 
A)  Trademark 
B)  Signal 
C)  Smith 
D)  Lanham

Question 15

A patent holder must personally make use of the invention.

Accepted Answer

A) True 
 B)False

Question 16

The Uniform Trade Secrets Act is a federal law.

Accepted Answer

A) True 
 B)False

Question 17

Fact Pattern 11-2
Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages.
-Refer to Fact Pattern 11-2.Can Professor Peter be found guilty of copyright infringement?

Accepted Answer

A)  No, he was engaged in fair use because of his involvement in education. 
B)  No, because he did not do the actual copying. 
C)  No, because he did not make a profit. 
D)  It is likely that he would be found guilty of copyright infringement particularly since he arranged for copying of the entire manual, not limited sections. 
A)  No, he was engaged in fair use because of his involvement in education. 
B)  No, because he did not do the actual copying. 
C)  No, because he did not make a profit. 
D)  It is likely that he would be found guilty of copyright infringement particularly since he arranged for copying of the entire manual, not limited sections.

Question 18

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

Accepted Answer

A)  fair use 
B)  education use 
C)  new use 
D)  critical use 
A)  fair use 
B)  education use 
C)  new use 
D)  critical use

Question 19

In CASE 11.1 Association for Molecular Pathology v.Myriad Genetics,Inc.(2013),the U.S.Supreme Court held that under U.S.Patent Laws isolated DNA is:

Accepted Answer

A)  not eligible for patent protection because it is naturally occurring. 
B)  eligible for patent protection because it is man-made. 
C)  eligible for patent protection because it is naturally occurring. 
D)  not eligible for patent protection because it is man-made. 
A)  not eligible for patent protection because it is naturally occurring. 
B)  eligible for patent protection because it is man-made. 
C)  eligible for patent protection because it is naturally occurring. 
D)  not eligible for patent protection because it is man-made.

Question 20

Which of the following is true regarding patent misuse?

Accepted Answer

A)  When a patent misuse occurs, the offender permanently loses the right to patent protection on the patent at issue. 
B)  Requiring a licensee to purchase nonpatentable products as a condition to obtaining a license for patented products is patent misuse. 
C)  The patent holder is barred from recovering for any infringement of its patent during the period of misuse. 
D)  There is no such concept as patent misuse in the U.S. 
A)  When a patent misuse occurs, the offender permanently loses the right to patent protection on the patent at issue. 
B)  Requiring a licensee to purchase nonpatentable products as a condition to obtaining a license for patented products is patent misuse. 
C)  The patent holder is barred from recovering for any infringement of its patent during the period of misuse. 
D)  There is no such concept as patent misuse in the U.S.

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

A design dictated by function may be protected by a(n)__________ patent.

A(n)__________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Susan may get a patent on the new type of rose she developed through asexual reproduction.

Which of the following is not a type of U.S.patent?

The patent practice of other countries is often different from that of the U.S.

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

After a patent expires,the invention is dedicated to the public.

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Which of the following are defenses to patent-infringement claims?

The federal trademark act is known as the __________ Act.

A patent holder must personally make use of the invention.

The Uniform Trade Secrets Act is a federal law.

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

In CASE 11.1 Association for Molecular Pathology v.Myriad Genetics,Inc.(2013),the U.S.Supreme Court held that under U.S.Patent Laws isolated DNA is:

Which of the following is true regarding patent misuse?

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Sales, Licensing, and E-Commerce.

Torts and Privacy Protection.

Product Liability.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters

Exam 11: Intellectual Property.

The U.S.Supreme Court ruled that living organisms can be patented if they are human-made.

A design dictated by function may be protected by a(n)__________ patent.

A(n)__________ mark is a coined term having no prior meaning until used as a trademark in connection with a particular product.

Susan may get a patent on the new type of rose she developed through asexual reproduction.

Which of the following is not a type of U.S.patent?

The patent practice of other countries is often different from that of the U.S.

An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology,also referred to as prior art.

After a patent expires,the invention is dedicated to the public.

The packaging or dressing of a product may be protected under the trademark laws as trade dress.

Which of the following are defenses to patent-infringement claims?

The federal trademark act is known as the __________ Act.

A patent holder must personally make use of the invention.

The Uniform Trade Secrets Act is a federal law.

Under the __________ doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

In CASE 11.1 Association for Molecular Pathology v.Myriad Genetics,Inc.(2013),the U.S.Supreme Court held that under U.S.Patent Laws isolated DNA is:

Which of the following is true regarding patent misuse?

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Sales, Licensing, and E-Commerce.

Torts and Privacy Protection.

Product Liability.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters