True/False
Indicate whether the
statement is true or false.
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1.
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All business methods are
patentable.
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2.
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Computer software is protectable under both
patent and copyright law.
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3.
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A patent granted by the USPTO to Intel is as
effective in Mexico as it is in the United States.
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4.
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A PCT Application is filed in each country in
which patent protection is desired.
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5.
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Filing of a PCT application is considered to
automatically designate all PCT contracting countries.
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6.
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All PCT applications are published 18 months
after they are filed.
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7.
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If one PCT country refuses to grant a patent for
an invention, in an “all or nothing” approach, all other countries will likewise refuse
to issue the patent.
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8.
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The first inventor defense is available only in
actions relating to business method patents.
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9.
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Filing a patent application with the USPTO is
deemed to be a request to file an application in a foreign country.
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10.
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The rules and practices relating to patent
applications for citizens of foreign nations are far different from those relating to U.S.
citizens.
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11.
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In Europe, computer software may not be
patented.
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Essay
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12.
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Gary has developed a new method for conducting
stock trading over the Internet. Is this patentable? Fully discuss under both the older view and the
more modern approach.
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13.
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ABC Co. has obtained a patent for a new and
useful business process, not because it desires to use the process but merely because it is concerned
someone else might patent it and then preclude ABC from using it. Such a practice by ABC in obtaining
a patent is called ______________.
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14.
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Give two ideas that have been advanced that
might attempt to weed out “junk” patents and discourage patent trolls.
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15.
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How do patent trolls operate?
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16.
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The patenting of the plant products of
indigenous peoples is sometimes called _________.
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17.
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If the federal government were to force a
pharmaceutical company to allow another to make its patented drug for a public health benefit (in an
exercise of power similar to the government’s eminent domain power), such is called
__________________.
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18.
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How would allowing third parties to submit prior
art to the USPTO assist in eliminating “junk” patents?
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19.
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When several companies agree to contribute their
patents to a common preserve and share any revenue derived when others license use of the patents,
such a preserve is often called a ___________.
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20.
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Discuss two ways in which the patent laws of
most foreign countries differ from those of the United States.
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21.
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Under the _______________, once a utility patent
application is filed in the United States, a patent applicant has 12 months to file an application
for the invention in a Paris member country and capture the earlier filing date.
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22.
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The _____________ Treaty provides a centralized
way of filing, searching, and examining patent applications in several countries
simultaneously.
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23.
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The phase in which a patent applicant prosecutes
an “international” patent in various countries is typically referred to as the
_____________ phase.
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24.
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What is the difference between Chapters I and II
in the PCT process? Discuss.
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25.
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A PCT applicant must enter the national phase
and begin prosecuting his or her patent application in individual countries _________ months after
the date the application was filed.
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26.
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Identify at least three most advantages afforded
to a patent applicant by the PCT.
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27.
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Doug’s PCT patent was filed on August 1,
2004, and was granted in Japan on July 14, 2006. When will the patent expire?
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28.
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If Scott wishes patent protection in several
European countries, he should consider seeking protection under the
________________.
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29.
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What is a “submarine” patent, and
how did changes in U.S. law effectively eliminate submarine patents?
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30.
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How does the United States ensure that national
security is not impaired by the filing of patents for security-related inventions in foreign
countries?
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31.
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What treaty aims at harmonizing patent
formalities and burdensome requirements in the patent application process throughout the
world?
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32.
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If the Commissioner of Patents refuses to allow
a patent applicant permission to file an application in a foreign country, such is often called a
_________________.
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