Exam 40: Intellectual Property

Under the America Invents Act, any person other than the patent owner may file a petition for inter parte s review to   request cancellation of one or more claims of a patent on the grounds that the claim fails the novelty or nonobviousness stand ards for patentability. The petitioner has the burden of proving unpatentability by a preponderance of the evidence.

If a copyright is willfully infringed, the owner may ask for and receive which of the following remedies?

The effect of a "secondary meaning" is that it may make a mark distinctive enough to allow it to be protected by the Lanham Act.

The "Good Housekeeping Seal of Approval" is an example of a service mark.

For a trademark registration to remain valid, an Affidavit of Use must be filed (1) between the first and second year following registration and (2) within the year before the end of every ten-year period after the date of registration.

The Digital Millennium Copyright Act of 1998 amended the Copyright Act to create limitations on the liability of online providers for copyright infringement when they are engaging in certain activities.

In determining whether a mark is distinctive and famous under the Federal Trademark Dilution Act, a court may consider factors such as:

Infringement of a mark occurs when:

The Wal-Mart Stores, Inc. v. Samara Brothers, Inc. case involved which of the following?

The remedies for infringement under the Patent Act are:

Kartov Corporation is in the business of developing pharmaceutical products. It uses a number of highly technical secret processes in its business. Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company. He then went to work for one of Kartov's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Kartov. What, if any, recourse does Kartov have under the circumstances?

Jonah, a businessman, has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of "Harvard Software." In this case:

While employed, an employee who has no restrictive employment contract with his employer may divulge secrets to a competitor.

Knowing and intentional use of a counterfeit mark can be a criminal offense.

Plant patents require which of the following elements?

A corporation in the business of developing genetically engineered pharmaceutical products has developed a new genetically engineered microorganism that it would like to protect. The corporation may patent the microorganism.

In most cases, copyright protection lasts for the period of a person's life plus an additional seventy years.

A mark distinctive enough to clearly identify the origin of the goods or services can be protected under:

The author of a creative work does not own the entire copyright.

A patent lasts for the same period of time as a copyright.