Intellectual Property- Exam Questions Answered Correctly Latest Version (Graded A+)

Intellectual Property- Exam Questions Answered Correctly Latest Version (Graded A+) Intellectual Property can be protected through - Answers 1.) Patents 2.) Copyrights 3.) Trademarks 4.)Trade Dress 5.) Trade Secrets Patents - Answers Types of Patents 1.)Utility Patents 2.)Design Patents 3.) Plant Patents Utility Patents - Answers Protect novel, useful, and non-obvious process, machine, manufacture, or composition of matter, or any novel, useful, non-obvious improvement It is important that the application show that the invention is *Novel*, *Useful* , and *Non-Obvious* Design Patents - Answers Protect novel, original (rather than non-obvious) and ornamental designs for an article of manufacture (e.g shape of coke bottle). Design Patents are easier are easier than Utility Plant Patents - Answers Granted for man-made inventions to any distinct variety of plant that is asexually reproduced Filing for Patent Protection - Answers Inventor must file a patent application with the U.S. Patent and Trademark Office The 4 parts of the application are 1.)Specifications 2.)Claims 3.)Drawings 4.)Declaration by inventor Info about Filing for Patent Protection - Answers 1.) The PTO rejects 99% of application. If you are denied after exhausting remedies, you may try US District Court for the District Court of Columbia or the US Court of Appeals 2.)Provisional Applications- since 1995 inventors can file a provisional application without formal patent claims. This allows inventors to file earlier than they would otherwise Patent Infringement - Answers 1.)Direct Infringement- the "doctrine of equivalents" allows a patent holder to claim infringement when the replication works in substantially the same way as the patented device 2.)Indirect Infringement- defined as the active inducement of another party to infringe a patent 3.)Contributory infringement- occurs when party sells an item know it will result in the infringement of another's patent Defenses for Patent Infringement - Answers 1.) Non-Infringement - Defendant asserts that the "infringement" does not fall within the claims of the patent 2.) Invalidity- The patent is invalid b/c it is not novel or fails statue requirements 3.)Patent Misuse- Patent holders abused patent rights and should lose those rights 4.) Innocent Infringement- Defendant lacks adequate knowledge of infringement Remedies - Answers 1.)Injunctive Relief- Equitable Court Ordered Relief 2.) Damages are awarded based on reasonable royalty for infringed use (up to 100k per use), and pays court costs and attorney's fees Copyrights - Answers Books, film, media is all copyrightable. Under US Copyright Act, works must be fixed in a tangible medium and original. If there are established, copyright is automatic Copyright- Ownership and Scope of Protection - Answers The author is either the creator of the work or employer in the case of work made for hire 1.)Expression (One cannot violate this) Versus Idea (We cannot legislate ideas) 2.)Useful Article Doctrine- Copyright does not extend to the useful application of an idea What role do state laws play in copyright - Answers State laws take precedence Term of Protection - Answers -Lasts for life of author plus 70 years or -If author is not known, the lesser of 95 years or 120 after creations of works Copyright Formalities - Answers -Copyright notice is not required but advisable as it prevents claims of innocent infringement -Copyright registration with the US is required prior to filing infringement. Damages of up to $100,000 are available plus attorney's fees Exclusive Rights to Copyright Holders - Answers 1.)Reproduce Copyright Work 2.)Prepare derivative works 3.)Distribute copies of the works 4.)Perform the work publicly 5.)Display the work publicly Copyright Infringement - Answers Direct-One party violates the 5 exclusive rights of a holder