True/False
Indicate whether the
statement is true or false.
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1.
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Because patents are unlike other forms of
property, they cannot be sold or licensed.
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2.
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An application for a patent must be signed by
all inventors.
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3.
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To be joint inventors, persons must physically
work together.
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4.
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The United States is similar to most other
countries in the world in that it follows a “first to file” patent
system.
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5.
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Generally, if an employee is hired for the
specific purpose of creating a certain invention, the resulting invention is owned by the company and
not the employee.
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6.
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An assignment of patent rights may be oral or in
writing to be effective.
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7.
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After an assignment of a patent is made, it must
be recorded with the USPTO.
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8.
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A patent license may be for the term of a patent
or for a more limited time period
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Essay
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9.
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John has given Jeff a few ideas about how to
improve his invention. Does such make John a joint inventor with Jeff? Discuss.
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10.
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Lyle and Joanna are in a dispute as to which one
of them was the first to invent a new case for cell phones. What factors are considered in
determining priority of invention?
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11.
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Filing a patent application with the USPTO
constitutes constructive __________ to practice.
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12.
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Making an invention in physical form or testing
it or a prototype constitutes _____________ to practice.
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13.
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What is a good way for inventors to be able to
prove when they invented something? What type of evidence should inventors retain in order to prove
such or to prove which inventors worked on which claims?
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14.
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Sam and Sally live in different states. They
routinely consult with each other via telephone regarding an invention they are working on. Sam has
contributed about 35% of the work and Sally has contributed the rest. May the parties be joint
inventors? Discuss.
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15.
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Dave is employed by ABC Inc. The parties have
not agreed who will own any inventions Dave makes during employment. While employed by ABC, Dave
creates a new type of brake pad for the company. Who owns the rights to this invention? Discuss
fully.
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16.
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How would changing the U.S. patent system to a
“first to file” one eliminate or reduce interferences and reduce litigation over priority
of invention?
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17.
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If an employee invents an item during the course
and scope of employment and the parties have not agreed who will own the item, the employer will
generally be granted a _____________ to continue to use the invention,
royalty-free.
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18.
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Why is recording a patent assignment with the
USPTO recommended?
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19.
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How does a patent assignment differ from a
patent license?
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20.
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ABC Inc. needs to borrow quite a bit of money
from a bank. The bank is insisting that the debt be secured by various assets of ABC. May ABC pledge
IP assets, specifically patents, as security? Discuss. What will happen to the assets if ABC fails to
repay the bank its money?
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21.
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In what way does recent legislation help
individual inventors who might be taken advantage of by invention promotion companies or invention
developers?
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22.
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Jack is the owner of a patent. A company in the
eastern region of the United States and a company in the western region of the United States wish to
use Jack’s patented technology. What might Jack consider doing to produce revenue from his
patent yet still retain ownership of the patent?
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