Intellectual Property Law

Chapter 21 Discussion Questions

1. Jason is the owner of a software patent (issued in 2010) for a business method that
is accomplished on a computer. After Alice, why might Jason be reluctant to
pursue another for infringement of this patent?

2. In 2012, Facebook acquired 750 patents from IBM. Why might Facebook have
engaged in this transaction?

3. ABC Pharma Co. recently located two human genes, one of which it has
manipulated for the purpose of treating disease. Is either of these genes
patentable? Discuss.

4. Michelle filed a utility patent application and a design patent application with the
USPTO on March 1, 2016. She would now like to file applications in Germany.
When must these applications be filed to capture the date of the prior U.S. filings?

5. In Question 4, what is the advantage to Michelle of capturing the earlier filing
dates?

6. What is the advantage of entering Chapter II of the PCT?

7. Hank intends to file a patent application in France. Discuss whether he should
simply file a national application in France or file a European patent application
with the EPO.

8. In Question 7, would your answer change if Hank intended to seek patent
protection in ten European countries? Discuss.

9. Jill filed for a design patent on May 1, 2015. What is its term of protection?
Would your answer be different if she had filed the patent one month later?