Intellectual Property Final Exam
UPDATED ACTUAL Questions and
CORRECT Answers
What is a patent? - CORRECT ANSWER- ✔✔A fixed-duration monopoly on the use of an
invention
What is the length of a patent? - CORRECT ANSWER- ✔✔20 years from the filing date
How does a patent work? - CORRECT ANSWER- ✔✔It only grants the right to limit/restrict
the use of the invention (It doesn't grant permission to use the invention, e.g., if it's illegal)
What is the purpose of the patent system? - CORRECT ANSWER- ✔✔To benefit society by
encouraging innovation and public disclosure of inventions
What are the requirements for patentability? - CORRECT ANSWER- ✔✔1) The invention
must be novel
2) The invention must be non-obvious
3) The invention must be useful
Who does patent priority go to? - CORRECT ANSWER- ✔✔It goes to first to file, NOT first
to invent
The US went first-to-file in 2011
Can you patent abstract ideas and patents? - CORRECT ANSWER- ✔✔No, but the means or
manner in which the ideas are applied can be
Example: A computer algorithm cannot be patented, but it's use in a specific application can
be
What are claims? - CORRECT ANSWER- ✔✔They are the invention(s)
,What are independent claims? - CORRECT ANSWER- ✔✔The most general form of the
invention
What are dependent claims? - CORRECT ANSWER- ✔✔They express more
restricted/limited forms of the invention
How should you draft claims? - CORRECT ANSWER- ✔✔You should start with the
broadest possible independent claims and then create successively narrower dependent claims
What are the average price of patents? - CORRECT ANSWER- ✔✔The cost to file is $70.
Once the patent has been allowed, then an issue fee of $450 is required
What is a provisional patent? - CORRECT ANSWER- ✔✔A minimal application used to get
priority date on a patent. It contains just the specification (body) of a patent application
An invention cannot be patented if its details have already been published. What constitutes
"publication" in this context? - CORRECT ANSWER- ✔✔Any disclosure of details of an
invention in a manner that makes them available to people outside a limited set of colleagues
is considered to be publication of the invention
What are design patents? - CORRECT ANSWER- ✔✔Patents obtained for distinctive non-
functional (i.e. purely ornamental) features of an item that is otherwise useful
How are design patents different from copyright? - CORRECT ANSWER- ✔✔They only
apply to ornamental design applied to something useful
How are design patents drafted? - CORRECT ANSWER- ✔✔Solid lines represent
elements/features representing the design to be patented
Dotted lines represent elements that are not part of the design. They can be thought of as a
kind of "preferred embodiment"
, What constitutes patent infringement? - CORRECT ANSWER- ✔✔It occurs whenever all the
elements (or steps) of a claim are present
What is the key to a strong design patent? - CORRECT ANSWER- ✔✔Have as few claimed
design elements (solid lines) as possible
Where is patent infringement handled? - CORRECT ANSWER- ✔✔In civil court
How many claims can you have on a patent? - CORRECT ANSWER- ✔✔USPTO initial
filing fee allows for 3 independent claims and 20 dependent claims. Going over these limits is
possible, but there are extra fees in doing so.
What are the types of patents? - CORRECT ANSWER- ✔✔1) Utility Patents
2) Design Patents
3) Plant Patents
What is copyright? - CORRECT ANSWER- ✔✔The exclusive legal right, given to an
originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical
material, and to authorize others to do the same.
Today in the US, you do not have to officially register/file to have copyright over your work
How long does copyright last? - CORRECT ANSWER- ✔✔Begins at the moment of creation
and lasts for a period of 70 years after the author's death
How is US copyright different from most of the world? - CORRECT ANSWER- ✔✔It
allows for almost limitless freedom to parody public figures and copyrighted works
What is fair use? - CORRECT ANSWER- ✔✔The doctrine that brief excerpts of copyright
material may, under certain circumstances, be quoted verbatim for purposes such as criticism,
news reporting, teaching, and research, without the need for permission from or payment to
the copyright holder.
UPDATED ACTUAL Questions and
CORRECT Answers
What is a patent? - CORRECT ANSWER- ✔✔A fixed-duration monopoly on the use of an
invention
What is the length of a patent? - CORRECT ANSWER- ✔✔20 years from the filing date
How does a patent work? - CORRECT ANSWER- ✔✔It only grants the right to limit/restrict
the use of the invention (It doesn't grant permission to use the invention, e.g., if it's illegal)
What is the purpose of the patent system? - CORRECT ANSWER- ✔✔To benefit society by
encouraging innovation and public disclosure of inventions
What are the requirements for patentability? - CORRECT ANSWER- ✔✔1) The invention
must be novel
2) The invention must be non-obvious
3) The invention must be useful
Who does patent priority go to? - CORRECT ANSWER- ✔✔It goes to first to file, NOT first
to invent
The US went first-to-file in 2011
Can you patent abstract ideas and patents? - CORRECT ANSWER- ✔✔No, but the means or
manner in which the ideas are applied can be
Example: A computer algorithm cannot be patented, but it's use in a specific application can
be
What are claims? - CORRECT ANSWER- ✔✔They are the invention(s)
,What are independent claims? - CORRECT ANSWER- ✔✔The most general form of the
invention
What are dependent claims? - CORRECT ANSWER- ✔✔They express more
restricted/limited forms of the invention
How should you draft claims? - CORRECT ANSWER- ✔✔You should start with the
broadest possible independent claims and then create successively narrower dependent claims
What are the average price of patents? - CORRECT ANSWER- ✔✔The cost to file is $70.
Once the patent has been allowed, then an issue fee of $450 is required
What is a provisional patent? - CORRECT ANSWER- ✔✔A minimal application used to get
priority date on a patent. It contains just the specification (body) of a patent application
An invention cannot be patented if its details have already been published. What constitutes
"publication" in this context? - CORRECT ANSWER- ✔✔Any disclosure of details of an
invention in a manner that makes them available to people outside a limited set of colleagues
is considered to be publication of the invention
What are design patents? - CORRECT ANSWER- ✔✔Patents obtained for distinctive non-
functional (i.e. purely ornamental) features of an item that is otherwise useful
How are design patents different from copyright? - CORRECT ANSWER- ✔✔They only
apply to ornamental design applied to something useful
How are design patents drafted? - CORRECT ANSWER- ✔✔Solid lines represent
elements/features representing the design to be patented
Dotted lines represent elements that are not part of the design. They can be thought of as a
kind of "preferred embodiment"
, What constitutes patent infringement? - CORRECT ANSWER- ✔✔It occurs whenever all the
elements (or steps) of a claim are present
What is the key to a strong design patent? - CORRECT ANSWER- ✔✔Have as few claimed
design elements (solid lines) as possible
Where is patent infringement handled? - CORRECT ANSWER- ✔✔In civil court
How many claims can you have on a patent? - CORRECT ANSWER- ✔✔USPTO initial
filing fee allows for 3 independent claims and 20 dependent claims. Going over these limits is
possible, but there are extra fees in doing so.
What are the types of patents? - CORRECT ANSWER- ✔✔1) Utility Patents
2) Design Patents
3) Plant Patents
What is copyright? - CORRECT ANSWER- ✔✔The exclusive legal right, given to an
originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical
material, and to authorize others to do the same.
Today in the US, you do not have to officially register/file to have copyright over your work
How long does copyright last? - CORRECT ANSWER- ✔✔Begins at the moment of creation
and lasts for a period of 70 years after the author's death
How is US copyright different from most of the world? - CORRECT ANSWER- ✔✔It
allows for almost limitless freedom to parody public figures and copyrighted works
What is fair use? - CORRECT ANSWER- ✔✔The doctrine that brief excerpts of copyright
material may, under certain circumstances, be quoted verbatim for purposes such as criticism,
news reporting, teaching, and research, without the need for permission from or payment to
the copyright holder.
