Deck 7: Intellectual Property and Cyber Piracy

Question 1

Utility patents for inventions are valid for 20 years.

Answer 1

True

Question 2

Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.

Answer 2

False

Question 3

A patent in the public domain can be purchased by a non-patent holder.

Answer 3

False

Question 4

The patent term begins to run from the date the patent is issued.

Question 5

In the United States,the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.

Question 6

A provisional application for a patent gives an inventor three months to prepare a final patent application.

Question 7

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

Question 8

After the copyright period runs out,the work enters the public domain.

Question 9

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

Question 10

A patent can only be claimed for a limited amount of time.

Question 11

Copyrights are addressed separately by different state laws.

Question 12

Copyrights owned by businesses are protected for 95 years from the year of first publication.

Question 13

Non-patented inventions that have been in public use for over a year can still be patented.

Question 14

A patent number is given to a patent that is still under consideration.

Question 15

Improvements to existing machines,processes,or compositions of matter cannot be patented.

Question 16

The fair use doctrine for copyrights allows certain limited unauthorized use of copyrighted materials.

Question 17

If an invention is obvious,then it does not qualify for a patent.

Question 18

Copyright for a work can only be claimed once the U.S.Copyright Office issues it.

Question 19

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

Question 20

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

Question 21

The trademark symbol "SM" is used to indicate a mark associated with a product.

Question 22

The fair use doctrine for copyrights does not allow reproduction of a work in a legislative or judicial proceeding.

Question 23

Ordinary words or symbols that have taken on a secondary meaning will qualify as marks.

Question 24

The No Electronic Theft Act (NET Act)can be invoked for copyright infringements that do not involve financial gain.

Question 25

A company slogan is an example of a trademark.

Question 26

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 27

Trademarks that have become generic names are protected under federal trademark law.

Question 28

A trademark is only issued if the registrant proves he has used the mark in commerce.

Question 29

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 the trade secret and its original trade mark
C)not allowed to gain commercially from the trade secret
D)obliged to inform the original owner of the trade secret

Question 30

In a dilution lawsuit,the plaintiff needs to show proof of actual harm suffered in order to win the lawsuit.

Question 31

A collective membership mark identifies different products in the same product line of an organization.

Question 32

A party that does not register its brand name has no legal right over it.

Question 33

The trademark symbol "TM" is used to indicate a registered mark.

Question 34

A party has to be a member of an organization to use a certification mark.

Question 35

Distinctive marks are ordinary words or symbols that have acquired special meaning with a product or service.

Question 36

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

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

Question 37

The trademark symbols "TM" and "SM" can be used with marks that have been not been registered.

Question 38

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

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

Question 39

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

Question 40

A service mark is used to distinguish the product of the holder from those of its competitors.

Question 41

What is the period of copyright protection provided for individuals under the Sonny Bono Copyright Term Extension Act of 1998?

A)Individuals are granted 120 years copyright protection from the year of creation of the work.
B)Individuals are granted 95 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 20 years of copyright protection,after which it has to be renewed for a fee.

Question 42

When does a patent enter the public domain?

A)when the patent has been challenged in court and found to be an infringement
B)when the patent term period has expired
C)when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or group of people
D)when the invention is either obvious or not a novel one

Question 43

________ 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)Patent

Question 44

Which of the following is suitable for copyrighting?

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

Question 45

Which of the following statements is true of patenting a scientific principle?

A)Patent for a scientific principle has to be applied for directly at the U.S.Court of Appeals for the Federal Circuit.
B)A scientific principle can only be patented if it is a part of the tangible environment.
C)Patent for a scientific principle has to be applied for at the U.S.Patent and Trademark Office.
D)A scientific principle can only be patented once a universal consensus has been reached on its validity.

Question 46

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 steal another's trade secret

Question 47

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

Question 48

What federal statute was enacted by the Congress to protect trade secrets?

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

Question 49

Which of the following is a provision made under the Berne Convention,the international copyright treaty that the United States is a party to?

A)The treaty makes it mandatory to place the copyright symbol on all copyrighted works.
B)The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments.
C)The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.
D)The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.

Question 50

Which of the following types of patents is valid only for a period of 14 years?

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

Question 51

Which of the following is a key function of the U.S.Court of Appeals for the Federal Circuit with regards to patents?

A)It hears appeals rejected from state courts regarding patent issues.
B)It accepts applications for new patents.
C)It helps to enact new patent laws.
D)It helps to promote uniformity in patent laws.

Question 52

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

A)cross-licensing
B)reverse engineering
C)patenting
D)copyrighting

Question 53

What is a patent number?

A)a number assigned to a patent during application
B)a number assigned to a patent when the patent is pending
C)a number assigned to a patent once the patent is granted
D)a number assigned to a patent when it comes under investigation

Question 54

What happens to a copyrighted work after it has finished its copyright period with regards to its ownership?

A)The work will enter the public domain to be used for free.
B)A non-copyright holder can purchase the rights to the work.
C)The copyright can be renewed for a fee by the original creator of the work.
D)The government takes over ownership of the work,and provides it to the public domain for a fee.

Question 55

How do patent laws help an inventor?

A)by letting the inventor keep his patents indefinitely
B)by helping the inventor meet potential buyers for his patented inventions
C)by providing protection for patented inventions from infringement
D)by helping the inventor guard his patented invention from the public

Question 56

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

A)It follows the first-to-file rule.
B)The patent period for an invention is 17 years.
C)The patent term begins to run from the date the patent application is filed.
D)The patent term begins to run from the date the patent is issued.

Question 57

A ________ is a patent that protects the functionality of a patent.

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

Question 58

Apart from recovering damages,and recovering profits made by the offender,successful plaintiffs in a misappropriation of a trade secret case can also ________.

A)obtain the offender's trademarks or brand name as payoff
B)ask for transfer of any of the offender's patents to the plaintiff
C)ask to acquire the offender's trade secrets as payoff
D)obtain an injunction prohibiting the offender from divulging the trade secret

Question 59

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

A)It lets the inventor apply for a provisional right application.
B)It allows the inventor to ask for an immediate patent on his invention.
C)It protects the invention from going public before the patent is issued.
D)It does not let non-patent holders to challenge the inventor's patent.

Question 60

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 application
B)an invention cannot be used in the public domain prior to it being granted a patent
C)the inventor has to test his invention in the public domain,to measure its validity,before being granted a patent
D)the invention will come into the public domain once its term period has expired

Question 61

Give an account of trademark dilution.

Question 62

John Crichton had applied for a trademark logo at the U.S.Patent and Trademark Office for his new startup company,stating that he would use the logo in commerce within the next six months.But even after six months he had not yet used the logo.Which of the following recourses does trademark law allow John Crichton so that he can retain his logo till he uses it in commerce?

A)Apply for a six-month extension for the logo.
B)Change the logo slightly,and reapply for the newly altered logo.
C)Pay a fine so that the trademark gets registered immediately.
D)Cancel the current application and apply for the same logo again.

Question 63

A ________ mark is mark that confirms that a seller of a product or service has met certain geographical location requirements,quality standards,material standards,or mode of manufacturing standards established by the owner of the mark.

A)sellers
B)certification
C)service
D)collective membership

Question 64

Which of the following accurately describes the fair use doctrine with reference to copyrighted material?

A)It stipulates the time period for which a copyright holder can retain his copyright.
B)It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
C)It permits use of copyright material by someone other than the copyright holder at a fixed fee.
D)It guides the U.S.Copyright Office in determining what works require copyrights based on the works' validity.

Question 65

"Just Do It" is a famous tagline used by the Nike Corporation.Which of the following types of intellectual property would this tagline come under?

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

Question 66

________ 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 67

Explain the process of copyright registration.

Question 68

What is acquiring secondary meaning in trademark terms?

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 are used that have no direct relevance to a product or service
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 69

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

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

Question 70

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)copyright sharing

Question 71

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

A)Digital Millennium Copyright Act
B)Berne Convention Act
C)Sonny Bono Copyright Term Extension Act
D)No Electronic Theft Act

Question 72

Give an account of the Economic Espionage Act and its importance in combating cyber piracy.

Question 73

How is a copyright different from a patent?

A)Copyrights are applied for 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 federal law,while copyrights fall under state law.
D)Copyrights should be novel,and useful,while patents need not be so.

Question 74

What is a provisional patent application?

Question 75

A company logo would be an example of a ________.

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

Question 76

A ________ 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)private brand

Question 77

Which one of the following would constitute a copyright infringement?

A)a brief quotation in a news report
B)use of copyrighted material in a spoof or satire
C)using several clips from a movie in a documentary
D)reproduction by a teacher or student of a small part of the work to illustrate a lesson

Question 78

Explain what a generic name is with reference to trademarks.

Question 79

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering,immoral,or reprehensible context likely to evoke negative beliefs about the mark's owner.

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

Question 80

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

A)collective membership
B)certification
C)service
D)ownership