True/False
Indicate whether the
statement is true or false.
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1.
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Patent rights arise as soon as an invention is
created.
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2.
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If two inventions are independently created, the
first one to secure a patent for the invention may exclude the other from making, using, or selling
the invention.
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3.
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Some inventions, such as computer programs, are
protectable under both copyright and patent laws.
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4.
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Design patents are the most common type of
patent.
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5.
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Novel processes are
patentable.
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6.
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An invention must be useful or
“work” to be patentable.
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7.
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The United States follows the “first to
invent” rule rather than the “first to file” rule that most other countries follow
with regard to patent law.
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8.
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Patents are governed both by federal and state
law.
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9.
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An inventor may lose his or her rights to file a
patent application by delaying in filing an application for an invention.
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10.
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Tom has discovered a new type of plant while on
a nature walk. The plant may be patented.
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11.
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A genetically altered oyster may be
patented.
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12.
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If a design is functional rather than ornamental
it cannot be patented.
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Essay
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13.
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Why is it sometimes said that patents are
“exclusionary rights”?
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14.
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Identify the three different types of
patents.
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15.
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What are the requirements for patentability for
a utility patent?
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16.
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Phil has invented a new type of automobile
engine. The engine is nearing completion but at this point it doesn’t work. May Phil obtain a
patent for his invention? Why or why not?
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17.
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Rita would like to obtain a patent for a new
bottle top. She first saw the bottle top at a trade show. May Rita obtain a patent? Why or why
not?
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18.
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Georgia started selling her invention over the
Internet on April 1. When may Georgia file a patent application for her invention? Why?
Discuss.
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19.
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Once an invention is in public use or offered
for sale or sold, the inventor has ____ year(s) to file a patent application for
it.
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20.
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The _______ bar requires that an inventor
act promptly to secure patent protection once an invention is sold or offered for
sale.
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21.
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Hal is experimenting and tinkering with his
invention to make sure it works correctly. Will such use trigger the limitation period for Hal to
file a patent application for this invention? Discuss.
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22.
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The United States is different from nearly all
other countries because it follows the principle that the first to _____________ rather than the
first to file has patent rights.
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23.
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What is the policy underlying the on sale bar?
What behavior does it encourage?
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24.
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IBM employs Ed to invent a new invention. IBM
will own all rights to the invention. Who will file the patent application? Why?
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25.
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Tim has invented a television and received a
patent for it two years ago. Tim has now reduced the size of the screen by 1/8 inch. Is this new
invention patentable? Discuss why or why not.
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26.
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What does the term “prior art” mean
in patent law?
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27.
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In determining whether an invention is
nonobvious, under the __________ case, one may consider some secondary considerations,
which are nontechnical and objective, such as whether there was a long-felt need for the invention or
whether others have requested licenses to use it.
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28.
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Why does widespread commercial success of an
invention show that it is nonobvious?
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29.
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Identify three exclusions from patent
protection.
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30.
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What are the four requirements that must be met
for a design to be patentable?
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31.
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Lee invents a new type of pedal for a piano. The
pedal assists in producing better sound, but Lee has engraved it with various entwining leaves and
trees. Is this patentable as a design patent?
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32.
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A design patent was issued to Frank on June 1,
2004. Frank applied for the patent on December 1, 2002. What is the term of its
protection?
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33.
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Paul discovers a new type of sunflower in the
wild. He also creates a new variety of rose (with a new, distinctive scent) by grafting it. Is either
of these items patentable as plant patents? Discuss.
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34.
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When an inventor attempts to obtain more than
one patent for the same invention, it will be barred by the USPTO under the principle of
_______________.
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35.
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To overcome an objection against ____________,
an inventor often inserts a terminal disclaimer into his or her patent application, agreeing that the
term of the second invention will terminate upon expiration of the patent for the first
invention.
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36.
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A drug that is used to treat a disease that
affects a relatively small group of people is given quasi-patent protection even though it may lack
novelty and is referred to as a[n] _________.
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