Intellectual Property Law

Chapter 17 Discussion Questions

1. Assume that Iris Inventor invents a new camera on September 15, 2014. She files
her patent application for it on September 1, 2015. Determine whether the
following activities would defeat the patent on the basis that it is not novel.

a. A poster about the camera and its elements is published in France on July
15, 2015.

b. Peter demonstrates Iris’s camera at a trade show on July 1, 2015.

c. Iris demonstrates her camera to four potential investors on August 1, 2015.

d. Jackie invents a camera that is identical to Iris’s on September 10, 2014,
and files a patent application for the camera on September 7, 2015.

2. ABC Inc. has a large research department, consisting of more than 100 engineers,
all of whom have been attempting, without success, to invent a new apparatus to
broadcast data. The issue was recently resolved by Jack King, a tinkerer working
in his garage at home. What does this scenario suggest to you about the
obviousness of the new invention?

3. Luxe Inc. recently patented a new bangle bracelet. The company spokesperson is
Angelina Jolie who is often seen wearing the bracelet. The bracelet has become
very popular and sales have increased significantly. Its largest competitor, Jewelry
R Us, Inc., has argued that the patent is invalid because the bracelet is obvious.
Discuss whether the commercial success of the bracelet shows it is nonobvious.

4. Patent applications for a ring, a hybrid rose, and an energy meter were all filed on
January 10, 2014. All patents were granted on March 1, 2016. Give the duration
for each patent.

5. Discuss whether the following items are likely patentable or what objections the
USPTO might raise to a patent application for these items:

a. A well known economic principle

b. An engraved clasp for a necklace

c. An early blooming apricot tree

d. A chemical composition to treat autism

e. An idea to treat autism

f. A test for determining blood type in a cat

g. A cat

h. A new type of cat litter scoop

i. A slightly smaller cat litter scoop

6. Classify each of the following as a utility, design, or plant patent:
a. A combination of two drugs to promote the healing of wounds

b. A doorbell chime

c. A method of diagnosing cervical cancer

d. A container for carry-out food

e. A blueberry plant named “Orsono”

f. Video poker game