Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
Intellectual Property Final Exam Practice
Questions and Answers
What is a patent? - ANSWER✔✔-A fixed-duration monopoly on the use of an invention
What is the length of a patent? - ANSWER✔✔-20 years from the filing date
How does a patent work? - 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? - ANSWER✔✔-To benefit society by encouraging innovation
and public disclosure of inventions
What are the requirements for patentability? - 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? - 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? - ANSWER✔✔-No, but the means or manner in which the
ideas are applied can be
Copyright ©Stuvia International BV 2010-2024 Page 1/33
,Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
Example: A computer algorithm cannot be patented, but it's use in a specific application can be
What are claims? - ANSWER✔✔-They are the invention(s)
What are independent claims? - ANSWER✔✔-The most general form of the invention
What are dependent claims? - ANSWER✔✔-They express more restricted/limited forms of the invention
How should you draft claims? - ANSWER✔✔-You should start with the broadest possible independent
claims and then create successively narrower dependent claims
What are the average price of patents? - 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? - 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? - 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? - 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? - ANSWER✔✔-They only apply to ornamental design
applied to something useful
How are design patents drafted? - ANSWER✔✔-Solid lines represent elements/features representing the
design to be patented
Copyright ©Stuvia International BV 2010-2024 Page 2/33
,Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
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? - ANSWER✔✔-It occurs whenever all the elements (or steps) of a
claim are present
What is the key to a strong design patent? - ANSWER✔✔-Have as few claimed design elements (solid
lines) as possible
Where is patent infringement handled? - ANSWER✔✔-In civil court
How many claims can you have on a patent? - 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? - ANSWER✔✔-1) Utility Patents
2) Design Patents
3) Plant Patents
What is copyright? - 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
Copyright ©Stuvia International BV 2010-2024 Page 3/33
, Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
How long does copyright last? - 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? - ANSWER✔✔-It allows for almost limitless
freedom to parody public figures and copyrighted works
What is fair use? - 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.
What is the first-sale doctrine? - ANSWER✔✔-The right of first-sale doctrine is sometimes referred to as
the exhaustion rule because it says that the copyright holder's control over a given copy of the product is
exhausted after it is sold to a user.
Not all rights are exhausted, however, because an owner still cannot create a derivative work from the
product without permission. A terms-of-use contract can circumvent the first-sale doctrine
Where does Copyright apply? - ANSWER✔✔-To every original production in the literary, scientific, and
artistic domain, whatever may be the mode or form of its expression
Can collections and compilations qualify for copyright? - ANSWER✔✔-Yes, collections and compilations
can qualify
Are computer programs / software treated the same as literary and other copyrightable works? -
ANSWER✔✔-Yes, computer programs / software are treated the same as other copyrightable works
When does copyright begin? - ANSWER✔✔-At the moment a potentially copyrightable work is expressed
in some fixed form
Copyright ©Stuvia International BV 2010-2024 Page 4/33
Intellectual Property Final Exam Practice
Questions and Answers
What is a patent? - ANSWER✔✔-A fixed-duration monopoly on the use of an invention
What is the length of a patent? - ANSWER✔✔-20 years from the filing date
How does a patent work? - 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? - ANSWER✔✔-To benefit society by encouraging innovation
and public disclosure of inventions
What are the requirements for patentability? - 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? - 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? - ANSWER✔✔-No, but the means or manner in which the
ideas are applied can be
Copyright ©Stuvia International BV 2010-2024 Page 1/33
,Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
Example: A computer algorithm cannot be patented, but it's use in a specific application can be
What are claims? - ANSWER✔✔-They are the invention(s)
What are independent claims? - ANSWER✔✔-The most general form of the invention
What are dependent claims? - ANSWER✔✔-They express more restricted/limited forms of the invention
How should you draft claims? - ANSWER✔✔-You should start with the broadest possible independent
claims and then create successively narrower dependent claims
What are the average price of patents? - 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? - 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? - 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? - 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? - ANSWER✔✔-They only apply to ornamental design
applied to something useful
How are design patents drafted? - ANSWER✔✔-Solid lines represent elements/features representing the
design to be patented
Copyright ©Stuvia International BV 2010-2024 Page 2/33
,Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
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? - ANSWER✔✔-It occurs whenever all the elements (or steps) of a
claim are present
What is the key to a strong design patent? - ANSWER✔✔-Have as few claimed design elements (solid
lines) as possible
Where is patent infringement handled? - ANSWER✔✔-In civil court
How many claims can you have on a patent? - 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? - ANSWER✔✔-1) Utility Patents
2) Design Patents
3) Plant Patents
What is copyright? - 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
Copyright ©Stuvia International BV 2010-2024 Page 3/33
, Copyright © KAYLIN 2024/2025 ACADEMIC YEAR. ALL RIGHTS RESERVED FIRST PUBLISH NOVEMBER, 2024
How long does copyright last? - 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? - ANSWER✔✔-It allows for almost limitless
freedom to parody public figures and copyrighted works
What is fair use? - 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.
What is the first-sale doctrine? - ANSWER✔✔-The right of first-sale doctrine is sometimes referred to as
the exhaustion rule because it says that the copyright holder's control over a given copy of the product is
exhausted after it is sold to a user.
Not all rights are exhausted, however, because an owner still cannot create a derivative work from the
product without permission. A terms-of-use contract can circumvent the first-sale doctrine
Where does Copyright apply? - ANSWER✔✔-To every original production in the literary, scientific, and
artistic domain, whatever may be the mode or form of its expression
Can collections and compilations qualify for copyright? - ANSWER✔✔-Yes, collections and compilations
can qualify
Are computer programs / software treated the same as literary and other copyrightable works? -
ANSWER✔✔-Yes, computer programs / software are treated the same as other copyrightable works
When does copyright begin? - ANSWER✔✔-At the moment a potentially copyrightable work is expressed
in some fixed form
Copyright ©Stuvia International BV 2010-2024 Page 4/33
