LEGL 2700 Test 3 Epstein UGA Exam Questions And
Correct Answers
America Invents Act 2011 - ANSWER · From first-inventor-to-invent system to
first-inventor-to-file system
· Before the Act has been passed, the Us was a first to invent country
subject matter - ANSWER Validity of a patent can be tested by scrutinizing its subject
matter
Categories of SM that can't be patented - ANSWER -Do not represent true inventions
-Mere ideas are not patentable (must be reduce to practice)
-Laws of nature, natural phenomena, mathematical formulas
-General biz concepts vs "methods" or "processes" are tricky --> taking patentable
ideas and saying "done by a computer" isn't enough
characteristics of patents - ANSWER novelty, non-obviousness, utility
novelty - ANSWER · Something new and different from the prior art
· Cannot have been published, sold, or put in public by inventor > 1 year before
non-obviousness - ANSWER · Ability of an invention to produce surprising or unexpected
results
· Brake lights under car= too obvious
utility - ANSWER · Must do something useful
· Things that don't work don't count
,purpose of law (patent enforcement) - ANSWER To allow inventions in the public domain
after the limited period of legal property right
patent owners can sue. - ANSWER against infringement for injunction and damages
KNOW THIS - ANSWER Inventions can cover methods and articles that can overlap
exploiting a patent - ANSWER -Right is to exclude from making and using and selling and
importing
-Depending on circumstances may be able to make it yourself (see overlapping rights)
-May want to license your invention to other(s)
overlapping rights - ANSWER · provide an opportunity for firms to purchase patent
rights and sue companies
patent trolls - ANSWER -companies that buy up other peoples' patents (intangible
personal property)
-only want to sue people for infringing on that patent, even if the patent was yours
-Do very little, if anything, to create an atmosphere of innovation/do not add to the
economy at all
-May be fined if not making clear and substantiating claims of infringement/violation
trademarks-ANXM PRODUCTION MARKS FOR GOODS AND SERVICES; Marks on what
is produced to represent the origin of goods and services -> Recognizability of
distinctiveness -> Protection against confusion
Lanham Act of 1946 - protected marks ANSWER · Trademark: marks for goods
· Service mark: indicate origins of the services Spotify, Facebook, Venture consulting,
Rotten Tomatoes
· Certification mark: company that certifies someone else's things [ex. Better Business
, Bureau]
· Collective mark: groups coming together NFL, NHL
· Trade dress: the layout, color, vibes [ex. Target]
trademark registration ANSWER · Use of the mark conveys some rights
• Extra rights by registering with PTO-must be utilized in interstate commerce
• Mark needs to be distinctive-meaning to people/ real thing
• PTO places the mark in the official Gazette
• On Principal Register if mark is acceptable (Must renew every 10 yrs, lasts forever)
• Provide complete trademark protection of a name or descriptive word (To appear on
the Supplemental Register for 5 years and to obtain a secondary meaning)
• TM or SM before federal registration; NOT REQUIRED TO REGISTER; once registered,
you may use ®
strenghts of marks - QUESTION · Fanciful marks -> invented words (Exxon)
Arbitrary Marks -> Normal words but used in different way Apple, Amazon Suggestive
Marks -> Hint at what it is Netflix, Airbus Descriptive Marks -> Describes good or service
cold and creamy ice cream -can develop secondary meaning Generic Terms -> Common
name of product or service Clock
infringement (trademark) - ANSWER civil violation of a trademark; Remedies include
damages and injunctions and orders to destroy infringing products; Manufacturing and
trafficking counterfeit trademarked products is a criminal violation
generic marks - ANSWER can lose protection (genericized); aspirin
defenses for marks - ANSWER -We're not using your mark
-Never should have had valid TM to begin with; "generic"; "without secondary meaning"
-Our service isn't associated with your service
-Fair use -> Discussion, criticism, parody, comparison advertising (have to show study
info)
-Blurring
-Tarnishment
Correct Answers
America Invents Act 2011 - ANSWER · From first-inventor-to-invent system to
first-inventor-to-file system
· Before the Act has been passed, the Us was a first to invent country
subject matter - ANSWER Validity of a patent can be tested by scrutinizing its subject
matter
Categories of SM that can't be patented - ANSWER -Do not represent true inventions
-Mere ideas are not patentable (must be reduce to practice)
-Laws of nature, natural phenomena, mathematical formulas
-General biz concepts vs "methods" or "processes" are tricky --> taking patentable
ideas and saying "done by a computer" isn't enough
characteristics of patents - ANSWER novelty, non-obviousness, utility
novelty - ANSWER · Something new and different from the prior art
· Cannot have been published, sold, or put in public by inventor > 1 year before
non-obviousness - ANSWER · Ability of an invention to produce surprising or unexpected
results
· Brake lights under car= too obvious
utility - ANSWER · Must do something useful
· Things that don't work don't count
,purpose of law (patent enforcement) - ANSWER To allow inventions in the public domain
after the limited period of legal property right
patent owners can sue. - ANSWER against infringement for injunction and damages
KNOW THIS - ANSWER Inventions can cover methods and articles that can overlap
exploiting a patent - ANSWER -Right is to exclude from making and using and selling and
importing
-Depending on circumstances may be able to make it yourself (see overlapping rights)
-May want to license your invention to other(s)
overlapping rights - ANSWER · provide an opportunity for firms to purchase patent
rights and sue companies
patent trolls - ANSWER -companies that buy up other peoples' patents (intangible
personal property)
-only want to sue people for infringing on that patent, even if the patent was yours
-Do very little, if anything, to create an atmosphere of innovation/do not add to the
economy at all
-May be fined if not making clear and substantiating claims of infringement/violation
trademarks-ANXM PRODUCTION MARKS FOR GOODS AND SERVICES; Marks on what
is produced to represent the origin of goods and services -> Recognizability of
distinctiveness -> Protection against confusion
Lanham Act of 1946 - protected marks ANSWER · Trademark: marks for goods
· Service mark: indicate origins of the services Spotify, Facebook, Venture consulting,
Rotten Tomatoes
· Certification mark: company that certifies someone else's things [ex. Better Business
, Bureau]
· Collective mark: groups coming together NFL, NHL
· Trade dress: the layout, color, vibes [ex. Target]
trademark registration ANSWER · Use of the mark conveys some rights
• Extra rights by registering with PTO-must be utilized in interstate commerce
• Mark needs to be distinctive-meaning to people/ real thing
• PTO places the mark in the official Gazette
• On Principal Register if mark is acceptable (Must renew every 10 yrs, lasts forever)
• Provide complete trademark protection of a name or descriptive word (To appear on
the Supplemental Register for 5 years and to obtain a secondary meaning)
• TM or SM before federal registration; NOT REQUIRED TO REGISTER; once registered,
you may use ®
strenghts of marks - QUESTION · Fanciful marks -> invented words (Exxon)
Arbitrary Marks -> Normal words but used in different way Apple, Amazon Suggestive
Marks -> Hint at what it is Netflix, Airbus Descriptive Marks -> Describes good or service
cold and creamy ice cream -can develop secondary meaning Generic Terms -> Common
name of product or service Clock
infringement (trademark) - ANSWER civil violation of a trademark; Remedies include
damages and injunctions and orders to destroy infringing products; Manufacturing and
trafficking counterfeit trademarked products is a criminal violation
generic marks - ANSWER can lose protection (genericized); aspirin
defenses for marks - ANSWER -We're not using your mark
-Never should have had valid TM to begin with; "generic"; "without secondary meaning"
-Our service isn't associated with your service
-Fair use -> Discussion, criticism, parody, comparison advertising (have to show study
info)
-Blurring
-Tarnishment
