Deck 7: Intellectual Property and Cyber Piracy

Question 1

A ________ is a product formula,pattern,design,compilation of data,customer list,or other covert business information.

A) copyright
B) patent
C) trade secret
D) trademark

Answer 1

C

Question 2

If a competitor reverse engineers a trade secret,then the competitor is ________.

A) allowed to use the trade secret but not the original trademark
B) rightfully allowed co-ownership to original trademark of the trade secret
C) disallowed to gain commercially from the trade secret
D) obliged by law to release the trade secret to its original owner

Answer 2

A

Question 3

Which of the following provisions does the American Inventors Protection Act make?

A) It allows the inventor to file a provisional application with the Patent and Trademark Office.
B) It provides the inventor with three weeks to file a patent application with the Patent and Trademark Office.
C) It prevents non-patent holders from challenging the inventor's patent application.
D) It protects the inventor from any reexamination of the patent application.

Answer 3

A

Question 4

Which of the following can be patented as a design patent?

A) an academic book on chemical engineering
B) a blueprint of a hood ornament of a car
C) a photograph of a rare comet sighting
D) a map excavated from an archaeological site

Question 5

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

A) geographical indication
B) patent
C) copyright
D) trademark

Question 6

________ of a trade secret arises when one party has unlawfully acquired a trade secret through bribery or industrial espionage.

A) Reverse engineering
B) Misappropriation
C) Tarnishment
D) Blurring

Question 7

According to the public use doctrine for patents,________.

A) a patent will not be granted if the invention was already in public use for one year before filing an application
B) an invention cannot be used in the public domain prior to it being granted a patent
C) an inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
D) a patent will always be under the first inventor's name unless he or she chooses to release it into the public domain

Question 8

Intellectual property falls into a category of property known as ________ property.

A) moveable
B) real
C) tangible
D) intangible

Question 9

A competitor can lawfully use a rival's trade secret if the competitor got the trade secret by means of ________.

A) economic sabotage
B) reverse engineering
C) industrial espionage
D) misappropriation

Question 10

A patent number is a number assigned to a patent ________.

A) during its application process
B) when the patent is pending
C) once the patent is granted
D) when it comes under investigation

Question 11

Which of the following is true of trade secrets?

A) They are used by their owners to set themselves apart from their competitors.
B) They are widely known and are considered common knowledge in the market.
C) They are suspect to lawful appropriation through the use of industrial espionage.
D) They are vulnerable to unlawful misappropriation through the use of reverse engineering.

Question 12

Which of the following is true of patent laws?

A) They allow inventors the right to license their inventions for an indefinite period of time.
B) They are legislated and enforced at the state level.
C) They don't allow patent applications to be submitted electronically.
D) They are enacted to incentivize inventors and prevent infringement of inventions.

Question 13

Which of the following is true of intellectual property?

A) It falls under a category of property known as tangible rights.
B) It is less subject to misappropriation than is tangible property.
C) It is beyond the scope of federal and civil law.
D) It describes property developed through a creative process.

Question 14

Which of the following types of patents is valid only for a period of fourteen years?

A) utility patent
B) process patent
C) method patent
D) design patent

Question 15

Which of the following would be considered to be a part of intellectual property?

A) buildings
B) vehicles
C) mortgage contracts
D) patents

Question 16

Which of the following statements is true of the patent period in the United States?

A) After the patent period runs out, the patented invention is retracted from the public domain.
B) After the patent period runs out, the patented invention enters the inventor's private domain.
C) The patent period begins to run from the date the patent application is filed.
D) The patent period begins to run from the date the patent is issued.

Question 17

A closely guarded formula for a recipe protected by a soft drink manufacturer would be considered as an example of a ________.

A) copyright
B) patent
C) trademark
D) trade secret

Question 18

Patents,copyrights,trademarks,and trade secrets are types of ________ property.

A) immovable
B) real
C) intellectual
D) destructible

Question 19

A ________ patent may be obtained for the ornamental nonfunctional design of an item.

A) design
B) process
C) method
D) utility

Question 20

Which of the following can be patented as a utility patent?

A) a lithograph of a court proceeding
B) a theory involving intangible abstractions
C) a sound recording of an opera
D) a schematic depiction of a motor

Question 21

Which of the following is true of utility patents?

A) They are used to patent machines and processes.
B) They are obtained for the ornamental nonfunctional design of an item.
C) They are valid for the lifetime of the inventor.
D) They are implemented to protect intangible abstractions.

Question 22

How is a copyright different from a patent?

A) Copyrights are applied for mechanical inventions, while a patent is applied for tangible writings.
B) Patents have a limited term period, while copyrights carry lifelong terms.
C) Patents fall under the state law, while copyrights fall under federal law.
D) Copyrights should be novel, and useful, while patents need not be so.

Question 23

After careful deliberation,the U.S.Patent and Trademark Office (PTO)categorically concluded that a proposed invention is novel,useful,and nonobvious.Which of the following courses of action will the PTO undertake next as part of its evaluation process?

A) Reject the patent application for the invention.
B) Approve the patent application for the invention.
C) Assign a patent number for the invention and affix the word "patent" on the patented article.
D) Retract patent number for the invention and affix the word "patent" on the patented article.

Question 24

The words "patent pending" are placed on a prospective patent when the patent application is ________.

A) assigned a patent number and its validity is verified
B) approved and the patent is granted
C) filed but the patent has not yet been issued
D) rejected and the patent is denied

Question 25

A company logo would be an example of a ________.

A) trade secret
B) patent
C) trademark
D) copyright

Question 26

Patent ________ is defined as the unauthorized use of another's patent.

A) application
B) infringement
C) prosecution
D) litigation

Question 27

Which of the following is true of a copyright?

A) It is subject to the fair use doctrine that permits limited unauthorized use of copyrighted material.
B) It is signified by the symbol ® which must be placed on copyrighted work according to the Berne Convention.
C) It is applicable to intangible ideas and unwritten abstractions.
D) It is valid for an indefinite period of time and is permanently restricted from entry into the public domain.

Question 28

Which one of the following would constitute a copyright infringement?

A) a quotation of a copyrighted novel in a news report
B) use of copyrighted material from a soap opera in a spoof or satire
C) reuse of large amounts of copyrighted film in a documentary
D) reproduction of large amounts of copyrighted documents in a court proceeding

Question 29

In terms of copyright law,the use of copyrighted material in a satire or parody would be an example of ________.

A) copyright infringement
B) application of fair use doctrine
C) piracy
D) application of public use doctrine

Question 30

A comedy television show performing a satire involving a famous celebrity is an example of ________.

A) public use doctrine
B) parody fair use
C) copyright infringement
D) basic trademark dilution

Question 31

Which of the following is a similarity between patents and copyrights?

A) Both expire after a period of time and then enter the public domain.
B) Both are applicable to functional machines, processes, and asexually reproduced plants.
C) Both subject the property they protect to the fair use doctrine.
D) Both are suspect to unlawful acquirement by the use of reverse engineering.

Question 32

Which of the following is true of patents?

A) For an invention to be patented, it has to be novel, useful, and obvious.
B) A patent number is assigned to a patent that is granted.
C) Patents last for an indefinite period of time and are the sole property of the inventor.
D) The patent term for a given patent begins to run from the date the patent is granted.

Question 33

________ is any trade name,symbol,word,logo,design,or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers,sellers,or providers.

A) Trade secret
B) Trademark
C) Patent
D) Copyright

Question 34

Which of the following is suitable for copyrighting?

A) buildings
B) musical compositions
C) tacit business methods
D) product logos

Question 35

What is the period of copyright protection provided for individuals?

A) Individuals are granted 95 years copyright protection from the year of creation of the work.
B) Businesses are granted 120 years copyright protection from the year of first publication of the work.
C) Individuals are granted copyright protection for their lifetime plus 70 years.
D) Individuals are granted 120 years of copyright protection from the year of first publication of the work.

Question 36

Which of the following is true of the registration of copyrights?

A) Registered works are not covered under the Copyright Term Extension Act of 1998.
B) Registration permits a holder to obtain statutory damages for copyright infringement.
C) Only published works can be registered at the U.S. Copyright Office.
D) All registered copyright materials must mandatorily place the word "copyright" on their copyrighted works.

Question 37

Which of the following intellectual properties is protected by the Lanham Act?

A) trademark
B) trade secret
C) copyright
D) patent

Question 38

A ________ protects the functionality of an invention.

A) hallmark
B) design patent
C) utility patent
D) wordmark

Question 39

Which of the following is true of the fair use doctrine?

A) It advocates the idea that a copyright holder's right in a work is absolute by law.
B) It forbids the use of copyrighted material in a satire or parody.
C) It helps copyright holders recover for copyright infringement where fair use is found.
D) It permits lawyers to use copyrighted material in a court proceeding.

Question 40

A ________ is a legal right that gives the author of qualifying subject matter,and who meets other requirements established by law,the exclusive right to publish,produce,sell,license,and distribute the work.

A) trade secret
B) trademark
C) copyright
D) service mark

Question 41

________ is a symbol that designates an owner's legal claim to an unregistered mark that is associated with a service.

A) SM
B) TM
C) ©
D) ®

Question 42

Uploading copyrighted material to an unauthorized website by a non-copyright holder would count as an act of copyright infringement under the ________.

A) Leahy-Smith America Invents Act
B) Berne Convention Act
C) Sonny Bono Copyright Term Extension Act
D) No Electronic Theft Act

Question 43

A ________ is a mark that confirms that a seller of a product or service has met certain requirements and standards established by the owner of the mark.

A) trademark
B) certification mark
C) wordmark
D) hallmark

Question 44

________ is a symbol that is used to designate marks that have been registered with the U.S.Patent and Trademark Office.

A) TM
B) SM
C) ©
D) ®

Question 45

Which of the following marks can be registered with the U.S.Patent and Trademark Office?

A) the coat of arms of a foreign nation
B) a standalone geographical name
C) the flag of a municipality
D) a surname accompanied by a fanciful name

Question 46

________ occurs when a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.

A) Tarnishment
B) Blurring
C) Infringement
D) Astroturfing

Question 47

Which of the following federal statutes was enacted by the Congress to protect trade secrets?

A) the Economic Espionage Act
B) the Sarbanes-Oxley Act
C) the Lanham Act
D) the Telecommunication Act

Question 48

According to the Economic Espionage Act,________.

A) persons who have reverse engineered a trade secret can use that trade secret and the related trademark
B) the rights to a trade secret will have to be renewed after a specified period of time
C) trade secrets can be shared for a limited amount of time
D) it is a federal crime to convert another's trade secret for commercial benefit

Question 49

In the context of trademarks,when does secondary meaning arise in a mark?

A) when a mark that resembles a mark already registered with the federal PTO is used for a new product or service
B) when descriptive words independent of the product are used to identify the product itself
C) when ordinary words establish new meaning due to its attachment to a product or service
D) when a distinctive mark or design is created for a new product or service

Question 50

Which of the following is true of the certification mark?

A) Its use is restricted to members within the organization owning the mark.
B) It is usually owned by a nonprofit association or organization.
C) It requires its holders to meet certain standards set by parties outside the organization.
D) It identifies membership in an organization but does not identify goods or services.

Question 51

________ occurs when a famous mark is linked to products of inferior quality or is portrayed in an unflattering context.

A) Blurring
B) Tarnishment
C) Basic dilution
D) Astroturfing

Question 52

A(n)________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

A) service mark
B) orphan work
C) generic name
D) hallmark

Question 53

Which of the following is true of a generic name?

A) It is an obscure mark that is yet to be recognized widely.
B) It is perceived by the public as a common name rather than a trademark.
C) It is used to gain protection under trademark law by rigorous promotion of the mark.
D) It is implemented to turn a common name into a trademark.

Question 54

Which of the following is a similarity between the ® symbol and the © symbol?

A) Both are not mandatory to be used by their respective owners.
B) Both are valid for a period of 10 years after which both must be renewed.
C) Both are subject to the rules described by the fair use doctrine.
D) Both are valid for a period of 10 years after which neither can be renewed.

Question 55

Which of the following is true of trademarks?

A) Words that are descriptive but have no secondary meaning cannot be trademarked.
B) Trademarks are subject to the fair use doctrine that allows lawful use of another's trademark.
C) Marks that resemble an already registered mark can be trademarked.
D) The coat of arms of a nation can be registered as a trademark with the U.S. Patent and Trademark Office.

Question 56

Which of the following is true of an unregistered mark?

A) It is given a nationwide effect by the U.S. Patent and Trademark Office.
B) It provides that federal lawsuits may be brought to protect the mark.
C) It serves as constructive notice that the mark is the registrant's personal property.
D) It is accompanied by the TM or SM symbol until it is registered.

Question 57

Which of the following is true of the collective membership mark?

A) It identifies people who have met standards set by the group owning the mark.
B) It identifies the goods that are produced by the group owning the mark.
C) It identifies the works of art that are provided by the group owning the mark.
D) It identifies the service marks and the trademarks of the group owning the mark.

Question 58

________ is a symbol that designates an owner's legal claim to an unregistered mark that is associated with a product.

A) SM
B) TM
C) ®
D) ©

Question 59

''A Diamond is Forever'' is a famous tagline used by The De Beers Diamond Company.Which of the following types of intellectual property would this tagline come under?

A) patent
B) trade secret
C) trademark
D) copyright

Question 60

A mark that indicates that a person has met the standards set by an organization and is a part of that organization is known as a ________.

A) collective membership mark
B) trademark
C) service mark
D) hallmark

Question 61

A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.

Question 62

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words "patent pending" on the article.

Question 63

If an invention has theoretical benefit and no useful purpose,it cannot be patented.

Question 64

Under the Copyright Term Extension Act,individuals are granted copyright only for the first 20 years from the year of first publication.

Question 65

A copyright registration certificate is issued to the copyright holder.

Question 66

Utility patents for inventions are valid for 5 years.

Question 67

Intangible writings are subject to copyright registration and protection.

Question 68

Design patents protect the functionality of the item.

Question 69

If a patent is denied,the invention is assigned a patent number.

Question 70

Intellectual property rights are more subject to misappropriation than is tangible property.

Question 71

Intellectual property is a term that describes property that is developed through an intellectual and creative process.

Question 72

A competitor can lawfully discover a trade secret by performing reverse engineering.

Question 73

Intellectual property falls into a category of property known as tangible rights.

Question 74

Under the fair use doctrine,a comedy television show is allowed to perform parodies and satires involving famous celebrities.

Question 75

The Berne Convention enforced the need to place the symbol © on a copyrighted work.

Question 76

The fair use doctrine prevents any unauthorized use of copyrighted materials.

Question 77

State patent law is exclusive;there are no federal patent laws.

Question 78

A trade secret is a product formula,pattern,or design of a company that the company publishes openly to the market.

Question 79

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

Question 80

A patent is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.