Patent law Final Exam and All Correct
Answers Rated A+.
The three types of patents as codified in 35 U.S.C. § § 101, 161 and 171, respectively, are
____________.
A) Trademarks, Copyrights and Trade Secrets.
B) Electrical, Mechanical, and Pharmaceutical.
C) Process, Machine, Manufacture, and Composition of Matter.
D) Plant, Design, and Process.
E) Utility, Plant, and Design. - Answer E) Utility, Plant, and Design.
A patent expires approximately ____________.
A) 30 years after the patent application date for utility, plant, and design patents.
B) 20 years after the patent was issued for utility and plant patents, and 15 years after the
patent grant date for design patents.
C) 20 years after the patent application filing date for utility and plant patents, and 15 years
after the patent grant date for design patents.
D) 25 years after the patent was issued for utility, plant, and design patents.
E) 25 years after the patent application date for utility, plant, and design patents. - Answer C)
20 years after the patent application filing date for utility and plant patents, and 15 years after
the patent grant date for design patents.
The legal definition of what a patent covers is/are the ____________.
A) Abstract.
B) Claims.
C) Written description.
D) Drawings.
E) Title. - Answer B) Claims.
Thurgood invents a clever product on Jan 1, 2017 and starts selling it on Jan 1, 2018.
Coincidentally, Ruth invents the same product and files for a patent on Jan 1, 2024. Ruth attests
that she was not aware of Thurgood's invention before she filed. Thurgood files for a patent Jan
1, 2025. The USPTO should:
A) Issue a patent to Thurgood if no one else has described the product before Jan 1, 2017.
B) Issue a patent to Ruth because Ruth filed for the patent before Thurgood did.
C) Not issue a patent to anyone. - Answer C) Not issue a patent to anyone.
, Thurgood invents and sells a clever product on Jan 30, 2024. Coincidentally, Ruth who does not
know about Thurgood's invention, invents the same product and files for a patent with the
USPTO on June 1, 2024. Thurgood files for a patent with the USPTO on Dec 1, 2024. The USPTO
should:
A) Issue a patent to Thurgood if no one else has disclosed the product before Jan 30, 2024.
B) Issue a patent to Ruth because Ruth filed for the patent before Thurgood did.
C) Not issue a patent to anyone. - Answer A) Issue a patent to Thurgood if no one else has
disclosed the product before Jan 30, 2024.
Who should be able to reproduce the invention from the patent description?
A. A reasonable person
B. Any member of the general public
C. A person of ordinary skill in the art
D. An expert in the field
E. Albert Einstein - Answer C. A person of ordinary skill in the art
What was the primary reason the court upheld Takamine's patent in Parke-Davis & Co. v. H.K.
Mulford Co.?
A. Takamine was the first to chemically synthesize adrenaline in its purest form.
B. The isolated adrenaline was considered a novel and useful product distinct from prior natural
forms.
C. The court determined that all natural products are inherently patentable if isolated.
D. The prior art included products that were chemically identical to Takamine's discovery. -
Answer B. The isolated adrenaline was considered a novel and useful product distinct from
prior natural forms
In Funk Brothers Seed Co. v. Kalo Inoculant Co., the U.S. Supreme Court ruled that the
combination of naturally occurring bacteria used to enhance plant growth was not patentable.
Why did the Court make this decision?
A. The combination of bacteria was not novel enough to qualify for a patent.
B. The bacteria used in the combination were discovered to have been previously patented by
another company.
C. The Court ruled that naturally occurring substances, even when used in new ways, cannot be
patented.
D. The bacteria were too complex to be patented under the current patent laws.
E. The Court is anti-legume.
F. The Court ruled that naturally occurring substances, even when used in new ways, may be
patented. - Answer C. The Court ruled that naturally occurring substances, even when used in
new ways, cannot be patented.
Answers Rated A+.
The three types of patents as codified in 35 U.S.C. § § 101, 161 and 171, respectively, are
____________.
A) Trademarks, Copyrights and Trade Secrets.
B) Electrical, Mechanical, and Pharmaceutical.
C) Process, Machine, Manufacture, and Composition of Matter.
D) Plant, Design, and Process.
E) Utility, Plant, and Design. - Answer E) Utility, Plant, and Design.
A patent expires approximately ____________.
A) 30 years after the patent application date for utility, plant, and design patents.
B) 20 years after the patent was issued for utility and plant patents, and 15 years after the
patent grant date for design patents.
C) 20 years after the patent application filing date for utility and plant patents, and 15 years
after the patent grant date for design patents.
D) 25 years after the patent was issued for utility, plant, and design patents.
E) 25 years after the patent application date for utility, plant, and design patents. - Answer C)
20 years after the patent application filing date for utility and plant patents, and 15 years after
the patent grant date for design patents.
The legal definition of what a patent covers is/are the ____________.
A) Abstract.
B) Claims.
C) Written description.
D) Drawings.
E) Title. - Answer B) Claims.
Thurgood invents a clever product on Jan 1, 2017 and starts selling it on Jan 1, 2018.
Coincidentally, Ruth invents the same product and files for a patent on Jan 1, 2024. Ruth attests
that she was not aware of Thurgood's invention before she filed. Thurgood files for a patent Jan
1, 2025. The USPTO should:
A) Issue a patent to Thurgood if no one else has described the product before Jan 1, 2017.
B) Issue a patent to Ruth because Ruth filed for the patent before Thurgood did.
C) Not issue a patent to anyone. - Answer C) Not issue a patent to anyone.
, Thurgood invents and sells a clever product on Jan 30, 2024. Coincidentally, Ruth who does not
know about Thurgood's invention, invents the same product and files for a patent with the
USPTO on June 1, 2024. Thurgood files for a patent with the USPTO on Dec 1, 2024. The USPTO
should:
A) Issue a patent to Thurgood if no one else has disclosed the product before Jan 30, 2024.
B) Issue a patent to Ruth because Ruth filed for the patent before Thurgood did.
C) Not issue a patent to anyone. - Answer A) Issue a patent to Thurgood if no one else has
disclosed the product before Jan 30, 2024.
Who should be able to reproduce the invention from the patent description?
A. A reasonable person
B. Any member of the general public
C. A person of ordinary skill in the art
D. An expert in the field
E. Albert Einstein - Answer C. A person of ordinary skill in the art
What was the primary reason the court upheld Takamine's patent in Parke-Davis & Co. v. H.K.
Mulford Co.?
A. Takamine was the first to chemically synthesize adrenaline in its purest form.
B. The isolated adrenaline was considered a novel and useful product distinct from prior natural
forms.
C. The court determined that all natural products are inherently patentable if isolated.
D. The prior art included products that were chemically identical to Takamine's discovery. -
Answer B. The isolated adrenaline was considered a novel and useful product distinct from
prior natural forms
In Funk Brothers Seed Co. v. Kalo Inoculant Co., the U.S. Supreme Court ruled that the
combination of naturally occurring bacteria used to enhance plant growth was not patentable.
Why did the Court make this decision?
A. The combination of bacteria was not novel enough to qualify for a patent.
B. The bacteria used in the combination were discovered to have been previously patented by
another company.
C. The Court ruled that naturally occurring substances, even when used in new ways, cannot be
patented.
D. The bacteria were too complex to be patented under the current patent laws.
E. The Court is anti-legume.
F. The Court ruled that naturally occurring substances, even when used in new ways, may be
patented. - Answer C. The Court ruled that naturally occurring substances, even when used in
new ways, cannot be patented.
