Deck 7: Intellectual Property and Cyber Piracy

Question 1

Business models used for commerce on the Internet can be patented.

Answer 1

True

Question 2

For trade secrets to be protected,a business owner only needs to take a single action to prevent his or her trade secret from being discovered.

Answer 2

False

Question 3

The granting of a patent terminates the ability to challenge its validity.

Answer 3

False

Question 4

U.S.patent law allows cyber business plans to be patented.

Question 5

Improvements to previously patented machines can be patented.

Question 6

If an owner fails to take all reasonable precautions in preventing a trade secret from being discovered,the secret is no longer protected under state unfair competition laws.

Question 7

The American Inventors Protection Act requires the U.S Patent and Trademark Office to take action on a patent application within 3 years in most cases.

Question 8

Life forms may be patented under U.S.patent law.

Question 9

The Economic Espionage Act of 1996 provides for criminal penalties for violation of its provisions.

Question 10

Patents are renewable for an unlimited period of time.

Question 11

Under the U.S.Constitution,patent law is federal law.

Question 12

In the United States,if two people independently develop the same invention,the patent will be granted to the first to file for the patent,not the first to invent the invention.

Question 13

A patent holder may recover damages and receive an injunction against an infringer in a patent infringement action.

Question 14

Prior to passage of the Economic Espionage Act of 1996,there was no federal statute that directly addressed the stealing of trade secrets.

Question 15

A patent cannot be acquired for an invention that has been in public use for more than 1 year at the time of application.

Question 16

Patents for inventions are valid for 20 years.

Question 17

The United States still follows the first-to-file rule,which means the first person to file an item or process is given protection over another who was the first to invent an item or process.

Question 18

The victim of stolen trade secrets can recover any profits made by someone from the stolen trade secret.

Question 19

It is easy and inexpensive to pursue a patent infringement case.

Question 20

Customer lists and compilations of data are among items considered to be trade secrets.

Question 21

An author must file a timely application in order to receive copyright protection.

Question 22

Which of the following would not be a misappropriation of a trade secret?

A) Paying an engineer who is working at a competitor to disclose the trade secret to you.
B) Buying the competitor's product,then tearing it apart and analyzing it in your laboratory to reveal the trade secret.
C) Hiring a spy to break into a competitor's offices to acquire the secret.
D) Asking one of your current engineers to disclose a trade secret of her former employer,which she then does.

Question 23

Trademarks are protected for a nonrenewable 10-year period.

Question 24

Which of the following is not true about patent law after the changes adopted in 1995 relating to the requirements of the General Agreement on Tariffs and Trade?

A) The legal life of a patent in the United States was extended to 20 years.
B) The requirement of nonobviousness was eliminated.
C) The United States continues to follow the first to invent rule rather than the first to file rule followed in most other nations.
D) In the U.S.,the period of legal protection begins to run upon the filing of the application.

Question 25

The "one-year 'on sale' doctrine" is also known as:

A) the Mickey Mouse doctrine
B) the Maxxum doctrine
C) the Berne doctrine
D) the public use doctrine
E) the prior use doctrine

Question 26

What federal legal protection is there with respect to trade secrets?

A) Trade secrets are protected under the federal patent laws.
B) Trade secrets are protected under the federal copyright laws.
C) Trade secrets are protected under the Trade Secret Protection Act of 1952.
D) Trade secrets are protected under the Economic Espionage Act of 1996.
E) Trade secrets receive no federal statutory protection.

Question 27

All but which one of the following could be patented?

A) a design for an article of manufacture
B) an asexually reproduced plant
C) living material invented by a person
D) a composition of matter
E) an abstraction or scientific principle

Question 28

A trademark can be registered even before it is actually used in commerce so long as the registrant verifies a bona fide intention to use the mark in commerce and actually does so within 6 months.

Question 29

The Digital Millennium Copyright Act prohibits access to copyrighted digital works by circumventing the encryption,even if the work is not misused.

Question 30

Which of the following is true about misappropriation of trade secrets?

A) Although it is not necessary that the trade secret be patented,the secret must be such that it could be patented.
B) Trade secrets are protected regardless of the actions of the trade secret owner.
C) The plaintiff can recover only if the defendant acquired the secret through illegal means.
D) Injunctions are generally not available to protect trade secrets.

Question 31

In order to receive copyright protection,a work must be marked as being copyrighted.

Question 32

The fair use doctrine allows limited public use of copyrighted material without the permission of the copyright holder.

Question 33

What best describes the public use doctrine relative to patents?

A) Patent protection is lost if the patented item becomes used by the public after the patent is granted.
B) Patents will not be granted for items that have been used by the public for more than 1 year before the patent application was filed.
C) Patent protection will be lost if a member of the public successfully discovers how to build the patented item through reverse engineering.
D) Once a patent is granted,it will be lost if the patented item is not made available to the public within 1 year after the patent is granted.
E) The public is allowed to engage in limited use of a patented invention without being held liable for damages.

Question 34

In order to be eligible for copyright protection,a tangible writing or other item is required.

Question 35

Under current law,the statutory period for patent protection begins to run at the time that:

A) the inventor finalizes the idea for the patent
B) a working model for the invention is completed
C) the patent application is filed
D) the Patent and Trademark Office issues the patent
E) the first unit of the patented invention is sold

Question 36

A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as:

A) the public service doctrine
B) the public use doctrine
C) the unfair doctrine
D) the bar to patents doctrine
E) None of these are correct.

Question 37

Which of the following is true about misappropriation of trade secrets?

A) A valid patent is required in order to recover.
B) A valid trademark is required in order to recover.
C) Both a valid trademark and valid patent are required in order to recover.
D) Neither a valid trademark nor a valid patent is required in order to recover.

Question 38

When a trademark becomes generic,it loses its trademark protection so that no one is able to use the mark.

Question 39

In 1998,the length of copyright protection for an individual holder was extended to the life of the author plus 70 years.

Question 40

In a patent infringement case,which of the following could not be obtained in a civil lawsuit?

A) Money damages that equal to a reasonable royalty rate on the sale of the infringed item.
B) An injunction preventing the infringer from such action in the future.
C) Liquidation of the infringer's business.
D) An order requiring the destruction of the infringing articles.

Question 41

The Lanham Act was enacted to:

A) provide federal protection to trademarks
B) protect the owner's investment and goodwill in a mark
C) prevent consumers from being confused as to the origin of goods and services
D) All of these are correct.

Question 42

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

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

Question 43

United Airlines,Marriott Hotels,and Weight Watchers are examples of:

A) collective marks
B) service marks
C) certification marks
D) trademarks

Question 44

For which of the following kinds of intellectual property is a filing or registration required in order to receive protection?

A) copyrights.
B) patents
C) trademarks
D) A and B only.
E) B and C only.

Question 45

One of the provisions of the American Inventors Protection Act of 1999 is that:

A) the power to regulate invention promoters was transferred to the Department of Justice
B) the legal life of a patent was extended to 20 years
C) the Patent and Trademark Office must make a decision on a patent application within 5 years after its filing
D) inventors are able to file a provisional application granting provisional rights pending the filing of a final application within three months

Question 46

Which of the following is true about trademark registration?

A) Trademark registration is optional because protection is automatic.
B) Once a trademark is registered,protection cannot be lost.
C) A trademark must be registered prior to its actual use in commerce.
D) The registration of a trademark can be renewed an unlimited number of times.

Question 47

Which of the following is not available to a plaintiff in a copyright infringement case?

A) the profits made by the infringer
B) destruction of the infringing works
C) actual damages
D) statutory damages in place of actual damages
E) an order denying the infringer's ability to obtain copyright protection for other works for a fixed statutory period of time into the future

Question 48

Which of the following was the most recently recognized as a valid subject matter for a patent?

A) machines
B) certain types of business plans
C) original ideas for community improvement
D) processes
E) designs

Question 49

Which of the following is true about copyrights?

A) Copyright protection lasts for 20 years.
B) Copyright protection is effective only if the work has been properly registered.
C) The Sony Bono Copyright Term Extension Act grants copyright protection for the life of the author plus 70 years.
D) In order to obtain a copyright,a work must be novel,useful,and nonobvious.
E) A work cannot be copyrighted if there is a likelihood of confusion with another work.

Question 50

What may be registered with the United States Copyright Office?

A) patents
B) patents and trademarks
C) published works
D) unpublished works
E) published and unpublished works

Question 51

The fair use doctrine would allow the following types of use of a copyrighted work without the permission of the copyright holder,except:

A) quotation in a critical review
B) use in a parody
C) sales of a single chapter of a book that is the only chapter of interest to most persons in a particular locale
D) use by a teacher to illustrate a point in a class

Question 52

The following are types of marks that can be registered except:

A) performance marks
B) certification marks
C) service marks
D) trademarks
E) collective marks

Question 53

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

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 54

The international copyright treaty known as the Berne Convention had what effect on placing the copyright symbol or the wordy "copyright" on a copyrighted work?

A) It entitles the creator to provisional copyright protection until a formal copyright application is filed.
B) It extends the valid period of the creator's copyright such that it continues until 50 years beyond the creator's life.
C) It has no legal effect.
D) Its presence can help defeat an infringer's claim that the infringement was innocent.
E) It eliminated the need for the copyright symbol or the word copyright on a copyrighted work.

Question 55

Which of the following is true about what can be copyrighted?

A) Paintings can be copyrighted,but not photographs.
B) Books and newspapers can by copyrighted,but not sermons.
C) Guidebooks can be copyrighted,but not maps.
D) Books,plays,and ideas can all be copyrighted.
E) Photographs,maps,and cartoons can all be copyrighted.

Question 56

Which of the following is true about copyright law in the United States?

A) A work must be published in order to receive copyright protection.
B) State copyright laws supplement the federal copyright laws.
C) A copyright is not created by the process of registration.
D) A copyright must be registered before public disclosure of the copyrighted material.

Question 57

Which of the following is correct with regard to a trademark infringement case?

A) The plaintiff need prove only that its mark was used in an unauthorized manner.
B) The plaintiff must prove actual damages to prevail in the suit.
C) The plaintiff must prove that the unauthorized use is likely to cause confusion,mistake or deceive the public about the origin of the goods.
D) Treble damages are not available.

Question 58

In the State Street case discussed in the text,what change was made to patent law?

A) Copyright protection was extended to previously noncopyrighted works once they are available over the Internet.
B) Computerized online business operating plans and arrangements were determined to be eligible for patent protection.
C) Invention promoters were determined to be liable to inventors for damages caused.
D) Patent protection was determined to apply during the provisional period.

Question 59

For which of the following can protection be extended by filing an application to renew?

A) patents only
B) patents and trademarks
C) trademarks only
D) copyrights and trademarks
E) copyrights,trademarks,and patents

Question 60

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

A) No,because of the fair use doctrine.
B) No,if he obtained the original copyrighted work through legitimate means.
C) Yes,if he did not pay the author for his use of the material.
D) Yes,if he did not obtain permission from the author for his use of the material.

Question 61

Henry writes a series of essays that have an environmental focus.One of these essays contains a very detailed description of the workings of a forest ecosystem.A national environmental organization opposed to logging in certain areas has copied this essay and includes it in materials that the group gives to members of the public in hopes of persuading those persons to join the opposition to logging in these areas.Henry has never wanted his work to be forced onto people and objects to his essay being copied and distributed like this.He is afraid persons will think he is part of this organization,and he did not want his essay used this way.Was this within fair use?

Question 62

Should a drug manufacturer that holds a patent on a drug that is very effective for many AIDS patients be able to sell that drug well above its cost of production during the period of patent protection? If so,under what circumstances? Should these companies sell,or be required to sell,these drugs at lower prices to persons in poor nations that have a larger problem with AIDS than the United States?

Question 63

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?

A) Without a patent,no protection is available.
B) If the company takes all reasonable steps to avoid discovery of the 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.

Question 64

Which of the following may not be afforded federal protection and therefore not be trademarked?

A) cola
B) south
C) good cheese
D) All of these are correct.

Question 65

Trademarks are valid for:

A) five year renewable terms in perpetuity
B) ten year renewable terms in perpetuity
C) twenty years
D) ninety-five years from the life of the trademark applicant

Question 66

Billy has created a device called a TowRack which is a rack for carrying sports equipment such as bikes,skis,and kayaks.What makes this item different from other racks is that it attaches to a vehicle's trailer hitch and has a single wheel to help support the weight of the rack and items attached to it.Because it is so much lighter than a regular trailer,it can be used on even the smallest of cars that are not designed to tow regular trailers.Because of the success of this product,competitors introduce similar products.But because of the initial success of Billy's TowRack,all of these similar products are often referred to as TowRacks.Billy has also written a book about using "TowRacks" and safe driving techniques for driving with TowRacks and would like to obtain a copyright for the book.Discuss Billy's legal situation.

Question 67

Shirley invented a new product in March 2008.She publicized the invention and shared the product with the public to stimulate demand.She also needed time to finance the obtaining of a patent for the product.In May of 2009,she finally had the ability to patent the product.Can she still obtain a legal patent,and if so,for how long?

A) No,because she waited for over one year after the product was used by the public before attempting the patent.
B) No,because she publicized her invention.
C) Yes,she can obtain a patent for 20 years from the date of the invention.
D) Yes,she can obtain a patent for 20 years from the date of the patent application.

Question 68

Donna is on vacation in 2002 in San Francisco.She is a professional photographer and would like to take and sell some photographs of the Golden Gate Bridge.She wants her photographs to be copyrighted,but knows that there are already copyrighted photos of the Golden Gate Bridge taken from almost every angle.What must Donna do to obtain copyright protection for the photo?

A) Take the photo,apply for copyright protection,and there will be a search to be sure her photo is not too similar to previously copyrighted photos.
B) Take the photo,apply for copyright protection,and wait for the statutory period for anyone to file an objection.
C) Take the photo and mark it as copyrighted with her name and the date.
D) Take the photo.
E) Donna cannot get copyright protection because her idea to take a photo of the Golden Gate Bridge is not original.

Question 69

What changes should be made to copyright law to reflect the ease with which much creative material can be reproduced and distributed over the Internet? What concerns are there with any such law?

Question 70

Derek applies for and successfully receives a trademark registration on July 1,2009.When will the trademark registration have to be renewed?

A) No later than July 1,2014.
B) No later than July 1,2019.
C) Ninety-five years from Derek's demise.
D) There will not be a need to re-register. Once obtained,trademark protection lasts in perpetuity.

Question 71

Wildboards Company introduces a product called a "Rollerboard" for which it is granted a registered trademark.The Rollerboard is a snowboard with a removable row of wheels along the center of the underside.With the wheels attached,the user can attain extremely high speed in hard-packed snow conditions.In addition,many users have found that they can use their snowboards on streets with the wheels attached.This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products.The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards.The consequence of this is that:

A) Wildboards cannot stop competitors from using the term "rollerboard" for their products.
B) Competitors must pay royalties to Wildboards for using the term "rollerboard."
C) Wildboards can no longer use the name Rollerboard on its boards.
D) Competitors must put a disclaimer on their boards that they are not the original Rollerboard.

Question 72

John is a country music songwriter who composes a song entitled "Busted,Rusted Heart" in which the melody is similar to that of the 1990s hit by Billy Ray Cyrus,"Achy Breaky Heart." The words also parallel and make fun of the words in the original song.Does John commit copyright infringement if he performs his song and sells copies of it?

A) He can play the song in private performances but cannot sell it.
B) He can neither play the song in any circumstance nor sell it.
C) He can sell the song so long as he has applied for and been granted a copyright.
D) John's song is probably a valid parody and acceptable within the fair use doctrine.
E) John can play the song only if he can prove that he wrote it without knowledge of "Achy Breaky Heart."

Question 73

Why are patents protected for a limited period of time? Does this argue in favor of not patenting an item?

Question 74

Monty is an odd sort of fellow who spends most of his time tinkering in his garage.He is certain that someday he will invent something that will make him very wealthy.Finally,he thinks he has the million dollar idea.He has invented a device that attaches to both his phone line and through his computer to the Internet to block telemarketing calls without having to pay a service fee for the capability to the local phone company.The technology for this already existed,but Monty was the first to put it together in this way.Monty is waiting to perfect this invention before filing a patent application.Monty learns that someone else has invented a similar device after he did,but has already filed an application.Also,someone broke into Monty's garage and stole the information about the invention.Discuss Monty's legal situation.

Question 75

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 readout 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?

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 that it does not meet the usefulness requirement.
C) John can get a provisional patent that would provide limited protection until he can redesign it so that 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.

Question 76

The Sonny Bono Copyright Term Extension Act of 1998 added 20 years to the period of time that a copyright is valid.For an individual,the period of validity is now the life of the creator plus 70 years.Do you believe that a period this long is necessary to encourage the production of creative work? What are the advantages and disadvantages of a longer copyright validity period?