Question 1

Discuss U.S. patent law. Give examples of items that can and cannot be patented.
U.S. patent law protects the rights of those who discover tools, machines, processes and other "novel, useful, and non-obvious" inventions. Recently patented items include Amazon.com's one-click internet checkout (business method) and a new type of hybrid corn.
The Supreme Court has held that "laws of nature, natural phenomena [or] abstract ideas" are not patent-eligible.
Once a U.S. patent is acquired, the inventor has a complete monopoly for 20 years. During that time, no one else may use or profit from the invention without permission.

Accepted Answer

U.S. patent law protects the rights of those who discover tools, machines, processes and other "novel, useful, and non-obvious" inventions. Recently patented items include Amazon.com's one-click internet checkout (business method) and a new type of hybrid corn.
The Supreme Court has held that "laws of nature, natural phenomena [or] abstract ideas" are not patent-eligible. 
Once a U.S. patent is acquired, the inventor has a complete monopoly for 20 years. During that time, no one else may use or profit from the invention without permission.

Question 2

American copyright law creates a bundle of rights for the owner, including the right to reproduce, distribute, perform, display, or adapt the work.

Accepted Answer

A) True 
 B)False  TRUE

Question 3

The difference between the Project Gutenberg (PG) and the Google book scanning project is:

Accepted Answer

A)  The PG limits itself to the "classics" 
B)  The PG limits itself to only works in the public domain 
C)  Google only digitizes full documents but the PG digitizes key segments 
D)  The PG limits itself to "orphan" works - those with hard-to-find authors or owners. B

Question 4

Discuss how intellectual property is different from other kinds of property.

Accepted Answer

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Question 5

Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?

Accepted Answer

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Question 6

Why was the Digital Millennium Copyright Act passed?

Accepted Answer

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Question 7

If an author owns a copyright to a non-fiction essay, then publishes that essay in an anthology of similar essays published by a major publishing company, the rights involved in this relationship would be referred to as ______.

Accepted Answer

A)  collective work 
B)  public domain 
C)  collective bargaining 
D)  joint domain

Question 8

Trade secrets are registered just like trademarks.

Accepted Answer

A) True 
 B)False

Question 9

Give examples of improper ways to learning a trade secret under the Uniform Trade Secrets Act. Give an example of a way that is not considered improper or wrong.
Improper ways of learning a trade secret include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage. Figuring out a recipe by taste trials, known as "reverse engineering", in not considered wrongful.

Accepted Answer

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Question 10

What must a plaintiff prove to establish copyright infringement?

Accepted Answer

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Question 11

Debora Halbert asserts in her essay that:

Accepted Answer

A)  women have benefited greatly from intellectual property laws. 
B)  intellectual property has historically benefited men more than women. 
C)  in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well. 
D)  when women knitted or quilted, they were reluctant to share their patterns with other women.

Question 12

Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?
I. Lanham Trademark Act of 1946
II. Federal Trademark Dilution Revision Act of 2006
III. Sonny Bono Act of 1998

Accepted Answer

A)  I only 
B)  II only 
C)  I and II 
D)  II and III

Question 13

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

Accepted Answer

A)  collective rights 
B)  misappropriation 
C)  unlimited use 
D)  fair use

Question 14

Once the copyright on a work has expired,

Accepted Answer

A)  The owner can renew it for a new term 
B)  The work is in the public domain 
C)  The work becomes the property of the government 
D)  The work is considered no longer creative

Question 15

In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is
I. Not obvious
II. Unique
III. Useful
IV. Not a modification of any prior patents

Accepted Answer

A)  I only 
B)  I and II 
C)  I, II and III 
D)  I, II, III and IV

Question 16

Give a brief description of the increased protection in U.S. Copyright laws starting in 1994 and using approximate dates.

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Exam 9: Ownership, Creativity and Innovation: Intellectual Property