BUL 4310 EXAM 3 COMPREHENSIVE EXAM QUESTIONS
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS BRAND NEW EXAM ALREADY GRADED (A+
PASS)
Patent Ans✓✓✓ Legal rights to tangible invention. The owner can
prevent others from selling, using, or manufacturing the invention.
Patents don't give owner the right to make, use, or sell the invention.
(Most protected form of intellectual property and mostly last for 20
years)
Patents are obtained through an app with the U.S. Patent and Trademark
Office. (In U.S. only a natural person can file for patent protection, but
individuals can assign their patent rights to an organization)
Patent holders with patent violated can file a civil lawsuit and the court
will award monetary damages and injunctive relief, but they bear the
burden of proof.
Strategies for Patent Protection:
1. Owner may try to get patents on different variations of the invention
to prevent others from getting patent on variation.
2. Seek narrow patent protection to encourage others to create products
that complement their invention.
Types of Patents:
1. Utility Patent
2. Design Patent
,3. Plant Patent
Requirements to get a patent (Must satisfy all):
1. New(novel): person applying must be first person to create the
invention.
2. Useful: Must have some practical application.
3. Nonobvious: Must involve some sort of original creativity and not an
obvious logical extension of an existing invention to someone ordinarily
skilled in the art (adding wheels to a sofa and trying to patent it)
(math equations and algorithms, abstract ideas, natural phenomena, laws
of nature can't be patented because they're obvious or not new)
Ex: A new formula for plant fertilizers can be patented
Utility Patents Ans✓✓✓ Based on an invention's functionality.
Processes, methods, computer programs, machines, manufactured
products, and compositions of matter.
Ex: Amazon obtained a utility patent on its one-click ordered process in
1997. (Known as Business-method patents which are highly
controversial due to being too abstract to patent)
,Design Patents Ans✓✓✓ Based on the ornamental designs of an article
of manufacture, such as the design of a designer purse. (Valid for 14
years if patent app was filed before 05/13/15 and 15 years if after)
Plant Patents Ans✓✓✓ New varieties of distinctive hybrid plants can be
patented. More than 1,000 plant patents are issued annually.
Doctrine of Equivalents Ans✓✓✓ In place to prevent individuals from
making minor, insignificant changes to a patented device and then
seeking patent protection. (Doesn't have to be an exact copy to infringe
on a patent)
Shop Rights Doctrine Ans✓✓✓ Intellectual property created by a person
as part of his job belongs to his employer.
Ex: A UF professor's lectures technically belong to UF because he
delivers it through his employment with them.
Ex: A professor writing a textbook on his own time is his own
intellectual property.
America Invents Act of 2011 Ans✓✓✓ Changed from first to invent
system to first to file system after 03/16/13. If you filed first regardless
of when you invented it, then you get priority.
(From 2012-onward, first to file. Before 2012, first to invent) Q: 9
, Natural Products Doctrine Ans✓✓✓ Refusal to grant patent protection
for natural products that are simply discovered and unaltered.
Ex: USPTO refused patent protection for seeds containing naturally
occurring bacteria. But if it was altered in a meaningful way, then more
likely.
Association for Molecular Pathology v. Myriad Genetics, Inc Ans✓✓✓
Supreme Court held that merely isolating genes found in nature doesn't
make them patentable.
Patent Trolls Ans✓✓✓ People who own patents not to produce
something but simply to sue others who infringe on their patent rights.
Copyrights Ans✓✓✓ Legal rights of authors of original literary,
musical, or artistic works. The owner can prevent others from copying
the protected work without the owner's permission unless it's fair use.
(Valid for 70 years after the author's death, and 95 years after
publication or 120 years after creation for corporations)
(Even if the original work is unmarketable and unintelligible, it can be
copyrighted)
Copyright attaches as soon as the work is fixed to a tangible medium,
but not as well protected due to "fair use"
WITH DETAILED VERIFIED AND 100% ACCURATE
ANSWERS BRAND NEW EXAM ALREADY GRADED (A+
PASS)
Patent Ans✓✓✓ Legal rights to tangible invention. The owner can
prevent others from selling, using, or manufacturing the invention.
Patents don't give owner the right to make, use, or sell the invention.
(Most protected form of intellectual property and mostly last for 20
years)
Patents are obtained through an app with the U.S. Patent and Trademark
Office. (In U.S. only a natural person can file for patent protection, but
individuals can assign their patent rights to an organization)
Patent holders with patent violated can file a civil lawsuit and the court
will award monetary damages and injunctive relief, but they bear the
burden of proof.
Strategies for Patent Protection:
1. Owner may try to get patents on different variations of the invention
to prevent others from getting patent on variation.
2. Seek narrow patent protection to encourage others to create products
that complement their invention.
Types of Patents:
1. Utility Patent
2. Design Patent
,3. Plant Patent
Requirements to get a patent (Must satisfy all):
1. New(novel): person applying must be first person to create the
invention.
2. Useful: Must have some practical application.
3. Nonobvious: Must involve some sort of original creativity and not an
obvious logical extension of an existing invention to someone ordinarily
skilled in the art (adding wheels to a sofa and trying to patent it)
(math equations and algorithms, abstract ideas, natural phenomena, laws
of nature can't be patented because they're obvious or not new)
Ex: A new formula for plant fertilizers can be patented
Utility Patents Ans✓✓✓ Based on an invention's functionality.
Processes, methods, computer programs, machines, manufactured
products, and compositions of matter.
Ex: Amazon obtained a utility patent on its one-click ordered process in
1997. (Known as Business-method patents which are highly
controversial due to being too abstract to patent)
,Design Patents Ans✓✓✓ Based on the ornamental designs of an article
of manufacture, such as the design of a designer purse. (Valid for 14
years if patent app was filed before 05/13/15 and 15 years if after)
Plant Patents Ans✓✓✓ New varieties of distinctive hybrid plants can be
patented. More than 1,000 plant patents are issued annually.
Doctrine of Equivalents Ans✓✓✓ In place to prevent individuals from
making minor, insignificant changes to a patented device and then
seeking patent protection. (Doesn't have to be an exact copy to infringe
on a patent)
Shop Rights Doctrine Ans✓✓✓ Intellectual property created by a person
as part of his job belongs to his employer.
Ex: A UF professor's lectures technically belong to UF because he
delivers it through his employment with them.
Ex: A professor writing a textbook on his own time is his own
intellectual property.
America Invents Act of 2011 Ans✓✓✓ Changed from first to invent
system to first to file system after 03/16/13. If you filed first regardless
of when you invented it, then you get priority.
(From 2012-onward, first to file. Before 2012, first to invent) Q: 9
, Natural Products Doctrine Ans✓✓✓ Refusal to grant patent protection
for natural products that are simply discovered and unaltered.
Ex: USPTO refused patent protection for seeds containing naturally
occurring bacteria. But if it was altered in a meaningful way, then more
likely.
Association for Molecular Pathology v. Myriad Genetics, Inc Ans✓✓✓
Supreme Court held that merely isolating genes found in nature doesn't
make them patentable.
Patent Trolls Ans✓✓✓ People who own patents not to produce
something but simply to sue others who infringe on their patent rights.
Copyrights Ans✓✓✓ Legal rights of authors of original literary,
musical, or artistic works. The owner can prevent others from copying
the protected work without the owner's permission unless it's fair use.
(Valid for 70 years after the author's death, and 95 years after
publication or 120 years after creation for corporations)
(Even if the original work is unmarketable and unintelligible, it can be
copyrighted)
Copyright attaches as soon as the work is fixed to a tangible medium,
but not as well protected due to "fair use"
