Q&A Hero

Q: The Patent and Trademark Office (PTO) assigns a ______ to consider a patent application. A. claims officer B. patent examiner C. patent technician D. court judge E. patent issuer

Q: In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art? A. nonobviousness B. utility C. novelty D. tarnishment E. preemption

Q: Which of the following types of intellectual property can be assigned to the invention of a plant that can be reproduced asexually? A. patent C. trademark D. trade name E. brand mark

Q: Which of the following statements is true of patent enforcement? A. The explicit purpose of patent law is to maintain secrecy of inventions for an indefinite time period. B. Upon the expiration of a patent, an invention is removed from the public domain. C. Beyond the duration of a patent, the owner can sue those who infringe on it. D. Usually multiple intellectual property rights can cover the same article. E. Patent laws include the right to use the invention.

Q: ______ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art. A. novation B. nonobviousness C. preemption D. utility E. tarnishment

Q: Which of the following defenses can an alleged infringer use to prove that the patent is invalid? A. The invention is a novelty. B. The invention has utility. C. The invention was previously unknown. D. The invention is obvious. E. The invention has produced unexpected results.

Q: Which of the following statements is true of design patents? A. The duration of a design patent is 14 years from the date of issue. B. It is given to products that have undergone new compositions of matter or improvements. C. It is applied to useful, functional inventions. D. It also covers all other inventions that are under the purview of plant patents. E. It excludes the appearance of a product in considering the patent for a product.

Q: In the context of utility patents, which of the following terms refers to the details about the subject matter that an inventor regards as the invention? A. claims B. novation C. preemption D. distinctiveness E. collective marks

Q: In the context of patentable subject matter, which of the following refers to doing something through a series of operations? A. claim B. process C. infringement D. recognizability E. tarnishment

Q: A(n) _____ patent applies to useful, functional inventions. A. design B. style C. plant D. ornamental E. utility

Q: Misappropriation of a trade secret occurs when ______. A. a person is able to recreate the same information that the other considers to be a trade secret B. a person recreates a product after looking at it and figuring out how it works or how it is formulated C. a person uses another's trade secret and confidential information with authorization D. a person improperly acquires secret information through burglary, espionage, or computer hacking E. a person uses his or her own knowledge and understanding to recreate what is another's trade secret

Q: A(n) ______ is an order by a judge either to do something or to refrain from doing something. A. penalty B. injunction C. actual damage D. punitive damage E. compensatory damage

Q: Which of the following statements is true of trade secrets? A. A first step involved in protection of trade secrets deals with preservation of secrecy through computer systems. B. Establishment of the existence of trade secrets is a critical step in the control of valuable knowledge resources. C. Two or more trade secrets must be unique. D. Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors. E. Reasonable measures in the preservation of trade secrets exclude physically locking away written material.

Q: Which of the following statements is true of misappropriation? A. Innocently acquiring a secret from another without having knowledge of its theft is an act of misappropriation. B. If, through his or her own efforts, one is able to recreate the same information that another considers to be a trade secret, misappropriation has occurred. C. If one acquires a secret from another who has a duty to maintain secrecy and one knows of that duty, misappropriation has occurred. D. Knowledge or performance of a duty to maintain secrecy is irrelevant in the demonstration of misappropriation. E. Recreation of the same information that another considers a trade secret is treated as misappropriation.

Q: Which of the following statements is true of the Economic Espionage Act (EEA)? A. Acts of standard trade secret misappropriation by individuals is beyond its scope. B. The EEA excludes intentional misappropriation of trade secrets by firms or individuals. C. The EEA allows local bodies, authorities, private individuals, and others to bring a case of misappropriation but excludes the federal government. D. One of the provisions of the EEA makes one liable for misappropriation to benefit a foreign government. E. The EEA does not have any provision that addresses espionage.

Q: Which of the following statements is true of patents? A. Patents are usually created for an indefinite period of time. B. Many of the basic principles of modern patent law are sourced from the Venetian Patent Act of 1474. C. Utility patents apply to original and ornamental design for an article of manufacture. D. Design patents apply to nonobvious, useful processes, machines, compositions of matter, or improvements thereof. E. According to the federal Economic Espionage Act (EEA), plant patents usually last for 14 years from issue date.

Q: Which of the following statements is true of intellectual property? A. Intellectual property requires that certain types of information are not disclosed to the public. B. The type of information is irrelevant in determining the time, effort, and money required to convert intellectual property to intangible assets. C. The basic economic system of intellectual property is grounded in the idea of incentives. D. There is little correlation between research and development (R&D) and intellectual property in determining the competitive advantage of a firm. E. An economic system based on intellectual property presumes that the long-term benefits of increased information and investment are lower than the short-term costs.

Q: A ______ is any form of knowledge or information that has economic value from not being generally known to others or readily ascertainable by proper means and has been the subject of reasonable efforts by the owner to maintain secrecy. B. trademark C. patent D. company policy E. trade secret Answer: E

Q: To violate anothers trade secret rights, one must ______. A. misappropriate the information B. use another's information without permission C. engage in unauthorized use of another's information D. steal another's intellectual property E. engage in buying and selling of trade secrets

Q: Which of the following is most likely to be the first step taken by a business to protect its trade secrets? A. assert its property by preserving secrecy B. decide who can visit the business and what areas can be seen by them C. establish the existence of a trade secret as it is critical in controlling valuable knowledge resources D. identify confidential knowledge-based resources by conducting a trade secret audit E. require visitors, suppliers, and customers to sign a non-disclosure agreement

Q: The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Q: Garry uses Vizikool, an Internet service provider, to access a file sharing website that can help Garry download copyright protected music. Under the Digital Millennium Copyright Act (DMCA), Vizikool can be held liable for Garry's actions, even though the service provider was unintentionally linking Garry to the file sharing website.

Q: The Patent Cooperation Treaty (PCT) allows applicants to obtain a preliminary international examination and then pursue final rights in multiple countries at the same time.

Q: Companies can be considered authors under copyright law.

Q: Copying for research or teaching are considered an infringement of the owner's property.

Q: One can be liable for materially contributing to another's infringement with knowledge of the infringement.

Q: Copyright laws protect inventors rather than authors.

Q: Trade dress refers to a color or shape associated with a product or service.

Q: If a trademark becomes generic or if it loses its distinctiveness, it also loses its status as a protected trademark.

Q: The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.

Q: Fair use of a registered trademark is allowed by the Economic Espionage Act.

Q: The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

Q: Copyright deals with original invention, like patents.

Q: A patent is a legal monopoly in copying and marketing a new invention.

Q: Design patents apply to the appearance of an article of manufacture, unrelated to its function.

Q: Under patent law, even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year grace period).

Q: Trademarks indicate a specific producer.

Q: LinkedIn is an example of a service mark.

Q: Innocently acquiring a secret from another without knowledge of their theft is generally misappropriation.

Q: Any private individual or a public firm can bring a case under the Economic Espionage Act (EEA).

Q: Although various state laws make intentional trade secret misappropriation a crime, most criminal prosecutions today take place under the federal Economic Espionage Act (EEA).

Q: Trade secrets lose property in knowledge-based resources when they come into contact with suppliers, customers, repair technicians, or even visitors.

Q: Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

Q: Trade secrets are required to be unique.

Q: If, through your own effort, you are able to recreate the same information that another considers to be a trade secret, a misappropriation has occurred.

Q: Employers can only enforce a covenant not to compete if they have a valid business purpose for doing so.

Q: An injunction is an order by a judge either to do something or to refrain from doing something.

Q: Intellectual property systems presume that the long-term benefits of increased information and investment are greater than the short-term costs.

Q: The protections of property often do not apply automatically to ownership of intangible knowledge resources that are created.

Q: Once information is in the public domain, an intellectual property right can be applied to recapture it.

Q: To qualify as a trade secret, any form of knowledge protected must have economic value.

Q: To protect information as a trade secret, the information must actually be secret, and the business must take reasonable measures to keep it so.

Q: Who are the individuals protected under copyright laws?

Q: Discuss the laws governing file-sharing of copyrighted materials.

Q: What is the Digital Millennium Copyright Act?

Q: What are the sources for international standards for the protection of intellectual property rights?

Q: The justification for intellectual property is the same as for the private property system.

Q: How does providing insurance undermine arguments for awarding punitive damages against companies for their economic activities?

Q: Briefly explain compensatory damages.

Q: What are the problems that arise when calculating compensatory damages?

Q: Briefly explain the two types of product defects that give rise to strict products liability.

Q: When does strict products liability arise?

Q: Briefly explain the strict liability of common carriers for damage to goods being transported by them.

Q: What are dram shop acts?

Q: When are punitive damages awarded by courts?

Q: Briefly explain willful and wanton negligence.

Q: What is proximate cause and how does it affect liability for negligent conduct?

Q: What are the elements of negligence?

Q: Briefly explain the doctrine of comparative negligence.

Q: Briefly explain the two affirmative defenses to a negligence claim.

Q: Peter meets with an accident when riding his motorcycle on a highway because of a pothole. He decides to sue the contractor and the department responsible for building roads for the harm caused to him. Briefly discuss the case.

Q: Briefly explain the tort of false imprisonment.

Q: Briefly explain the tort of trespass with examples.

Q: Harriet and Stewart meet with an accident, which severely injures both parties. The cause of the accident is Harriets speeding and drunken state. Discuss which tort will Harriet be held liable for and the damages that Steward is entitled to.

Q: A student drives a rental car into Mexico although the lease specifically prohibits cross-border driving. The car is destroyed in an earthquake while it is parked in a parking lot in Mexico City. Briefly discuss the rights of the rental company in this case.

Q: Briefly discuss how some torts are crimes, while some torts are not.

Q: A journalist working for a weekly magazine sneaks onto the property of a celebrity who is not at home. He takes pictures through a bedroom window and they are published in the upcoming issue of the magazine. When the celebrity reads the article published about his personal life, he sues the journalist for defamation. Considering that the facts published by the journalist are true, discuss how the celebrity can bring a successful lawsuit against the journalist and the magazine.

Q: Hickory and Ian had been business partners but have now separated due to a disagreement. Ian, with an intention of taking revenge, spreads rumors about Hickory being a cheat and an unreliable business partner. How can Hickory sue Ian for spreading such false rumors?

Q: While applying for a loan, Hilary intentionally omits the fact that she declared bankruptcy recently and still has bad debts. The bank processes the loan based on the information provided by her. What type of tort has Hilary committed?

Q: DL Corp. tries to convince the employees of ProFit Corp. to break their contracts with ProFit and join DL. DL offers the employees an attractive pay and does so to create problems for ProFit Corp. In this case, discuss the type of tort that DL Corp. can be held liable for.