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LEB Exam 2 Questions and Correct Answers/
Latest Update / Already Graded
Trade Secret
Ans: anything that is not generally known, not readily available to others, and
provides a competitive advantage; doesn't have to be disclosed like for a patent
ex: formulas, processes, strategies
Trade Secrets are ONLY protected by _____ under the _____Act
Ans: state law, Uniform Trade Secrets
in order for a firm to file a trade secret misappropriation case, they must prove (3):
Ans: 1. the information was actually a trade secret
2. the firm maintained reasonable measures to protect secrecy (ex: employee
NDAs, secured building, etc.)
3. the Defendant improperly acquired, used or disclosed the trade secret info.
When determining whether a trade secret exists, courts examine these 5 factors:
Ans: 1. whether the info is known outside the company
2. how easily another could develop the info independently
3. the value of the info to the company
4. the amount of time & money the company put into creating & protecting the info
5. how well they reasonably protected it
2 ways a person would NOT be infringing on Trade Secret info:
Ans: 1. reverse engineering
2. developing independently w/o illegal acquisition of info
Doctrine of inevitable disclosure (of a trade secret)
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Ans: prevents ex-employees from working for another company if:
1. the companies are competitors
2. the employee has trade secret info
3. the new job is similar enough to the old one that the trade secret would likely be
revealed
*NOT all courts agree on this
Patents protect _____ but not _____
Ans: inventions NOT discovery
a patent lasts for _____ years from when its is _____ providing the exclusive right
to:
Ans: 20, filed;
make, use, sell
-->then goes to public domain
if 2 people both invent the same thing, the 1st to ____ will receive the patent right
Ans: file or disclose to public
in order for something to be patent eligible, it must meet these requirements (5):
Ans: 1. patentable subject-matter (invention)
2. useful
3. novel (not disclosed by prior art of another inventor)
4. non-obvious
5. filed within 1 year of disclosure of own patentable info
Prior art includes:
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Ans: -being placed on sale
-printed publication enabling another to recreate easily
-use by or demonstration by owner in public so another could easily copy
-use in public (not the inventor) w/o confidentiality agreement from inventor
Q: Are things that are genetically modified patentable?
Ans: Yes
Q: Can software be patented?
Ans: the algorithms themselves can't, but what they do and how they do it can be
(i.e. math isn't, but business method is)
Patent ownership is _____ & _____
Ans: fee simple & freely transferable
-->license some to use and exclude others if they desire
Work for Hire & Patents
Ans: the rights of a patent invented by an employee who used company resources
and time are granted to the company
shop right
Ans: company has the right to use an employee's invention without needing a
license even if the employee was not hired to invent such a thing for the company
(like work for hire)
requirements for patent infringement:
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Ans: 1. new invention must contain ALL elements described in the claims of the
patented invention (literal infringement)
2. OR must be substantially equivalent (Doctrine of Equivalency) so that even if one
element is different, it performs the SAME *function*
Trademark
Ans: any word, phrase, symbol, design, color, or sound that is associated with a
specific brand's reputation
in order for a trademark to be protectable is must have _____
Ans: secondary meaning-enough consumers associate it with a particular *source*
(company)
4 types of trademarks:
Ans: 1. Generic
2. Descriptive
3. Suggestive
4. Arbitrary
Generic term
Ans: word or phrase used to describe an entire class of goods or services rather
than a particular seller's version of those goods/services--> never protectable
ex: car, paper, wood
Descriptive term
LEB Exam 2 Questions and Correct Answers/
Latest Update / Already Graded
Trade Secret
Ans: anything that is not generally known, not readily available to others, and
provides a competitive advantage; doesn't have to be disclosed like for a patent
ex: formulas, processes, strategies
Trade Secrets are ONLY protected by _____ under the _____Act
Ans: state law, Uniform Trade Secrets
in order for a firm to file a trade secret misappropriation case, they must prove (3):
Ans: 1. the information was actually a trade secret
2. the firm maintained reasonable measures to protect secrecy (ex: employee
NDAs, secured building, etc.)
3. the Defendant improperly acquired, used or disclosed the trade secret info.
When determining whether a trade secret exists, courts examine these 5 factors:
Ans: 1. whether the info is known outside the company
2. how easily another could develop the info independently
3. the value of the info to the company
4. the amount of time & money the company put into creating & protecting the info
5. how well they reasonably protected it
2 ways a person would NOT be infringing on Trade Secret info:
Ans: 1. reverse engineering
2. developing independently w/o illegal acquisition of info
Doctrine of inevitable disclosure (of a trade secret)
, 2 | Page
Ans: prevents ex-employees from working for another company if:
1. the companies are competitors
2. the employee has trade secret info
3. the new job is similar enough to the old one that the trade secret would likely be
revealed
*NOT all courts agree on this
Patents protect _____ but not _____
Ans: inventions NOT discovery
a patent lasts for _____ years from when its is _____ providing the exclusive right
to:
Ans: 20, filed;
make, use, sell
-->then goes to public domain
if 2 people both invent the same thing, the 1st to ____ will receive the patent right
Ans: file or disclose to public
in order for something to be patent eligible, it must meet these requirements (5):
Ans: 1. patentable subject-matter (invention)
2. useful
3. novel (not disclosed by prior art of another inventor)
4. non-obvious
5. filed within 1 year of disclosure of own patentable info
Prior art includes:
, 3 | Page
Ans: -being placed on sale
-printed publication enabling another to recreate easily
-use by or demonstration by owner in public so another could easily copy
-use in public (not the inventor) w/o confidentiality agreement from inventor
Q: Are things that are genetically modified patentable?
Ans: Yes
Q: Can software be patented?
Ans: the algorithms themselves can't, but what they do and how they do it can be
(i.e. math isn't, but business method is)
Patent ownership is _____ & _____
Ans: fee simple & freely transferable
-->license some to use and exclude others if they desire
Work for Hire & Patents
Ans: the rights of a patent invented by an employee who used company resources
and time are granted to the company
shop right
Ans: company has the right to use an employee's invention without needing a
license even if the employee was not hired to invent such a thing for the company
(like work for hire)
requirements for patent infringement:
, 4 | Page
Ans: 1. new invention must contain ALL elements described in the claims of the
patented invention (literal infringement)
2. OR must be substantially equivalent (Doctrine of Equivalency) so that even if one
element is different, it performs the SAME *function*
Trademark
Ans: any word, phrase, symbol, design, color, or sound that is associated with a
specific brand's reputation
in order for a trademark to be protectable is must have _____
Ans: secondary meaning-enough consumers associate it with a particular *source*
(company)
4 types of trademarks:
Ans: 1. Generic
2. Descriptive
3. Suggestive
4. Arbitrary
Generic term
Ans: word or phrase used to describe an entire class of goods or services rather
than a particular seller's version of those goods/services--> never protectable
ex: car, paper, wood
Descriptive term
