LEGAL 2700 Exam 3 Hackleman UPDATED ACTUAL
Questions and CORRECT Answers
Intellectual Property (Abe Lincoln only president to have a patent)
Justification: To promote, give incentive to business/ideas, protection via patents,
encourages research and development
Competition (in relation to intellectual property) Customer list, skills, design plans
Capturing (in relation to intellectual property) idea that once something is out in the public domain, you cannot apply
intellectual law to recapture it
Trade Secret Knowledge/Info that is kept secret and has economic value
reasonable steps are taken to keep info secret and this inf cannot have been
learned on one's own
UNIFORM TRADE SECRET ACT
Establishing Existence of a Trade Secret Conduct a trade secret audit to identify confidential knowledge based-resources
Preserve Secrecy -lock written material
-secure computer stored knowledge with firewalls and encryption
-impose confidentiality restrictions
-regulate visitors
-nondisclosure agreements
Al minor & Associates VS Martin Martin worked for Al Minor, then started own business with memorized customer
list
Ruled that there is no distinction between memorized or tangible information
Demonstrating Misappropriation Occurs when one improperly acquires or discloses secret info (it is a known
secret)
Independent creation and reverse engineering are exempted from this
, Employee mobility and Trade secrets Confidentiality contracts forbid employees from disclosing the knowledge
obtained in the workplace
Employers can enforce agreements not to compete only when there is a valid
business purpose for contact
Injunction Civil ruling by courts to (not) do something
Espionage Obtaining secrets from the government in propose to disclose to a foreign
government (criminal)
Coco Cola incident coca cola is a trade secret; Lady wasn't trying to sell the recipe; but was selling
R&D to Pepsi for $1.25 million dollars; she did 8 years in prison because Pepsi
turned her in to the FBI
Patent Law Exclusive rights by the US Patent and Trade Office to eclude others and is
protected for a LIMITED time
New invention A legal monopoly!
Utility Patent New,
non-obvious,
useful processes, machines, compositions of matter or improvements thereof
20 years from filing date
Design Patent New, original and ornamental design for an article of manufacture
14 years from filing date
Plant Patent New, variety of plant that can be reproduced asexually
20 years from filing date
Process for Obtaining a Patent 1. File application
2. Filing fee
3. Explain invention
4. Explain uniqueness
5. Describe patent-able aspects
6. Evaluation by patent examiner
America Invents Act Same invention? Race to PTO for the patent (apply, register, maintain exclusivity or
give people the ability to use it if they pay you, watch out for infringement and
sue people
common defense against infringement is the ppl saying the patent wasn't
correctly registered/passed by the PTO
Characteristics of Patent-able Objects - Novelty
- Non-obvious (surprising/unexpected results)
- Utility (useful)
Questions and CORRECT Answers
Intellectual Property (Abe Lincoln only president to have a patent)
Justification: To promote, give incentive to business/ideas, protection via patents,
encourages research and development
Competition (in relation to intellectual property) Customer list, skills, design plans
Capturing (in relation to intellectual property) idea that once something is out in the public domain, you cannot apply
intellectual law to recapture it
Trade Secret Knowledge/Info that is kept secret and has economic value
reasonable steps are taken to keep info secret and this inf cannot have been
learned on one's own
UNIFORM TRADE SECRET ACT
Establishing Existence of a Trade Secret Conduct a trade secret audit to identify confidential knowledge based-resources
Preserve Secrecy -lock written material
-secure computer stored knowledge with firewalls and encryption
-impose confidentiality restrictions
-regulate visitors
-nondisclosure agreements
Al minor & Associates VS Martin Martin worked for Al Minor, then started own business with memorized customer
list
Ruled that there is no distinction between memorized or tangible information
Demonstrating Misappropriation Occurs when one improperly acquires or discloses secret info (it is a known
secret)
Independent creation and reverse engineering are exempted from this
, Employee mobility and Trade secrets Confidentiality contracts forbid employees from disclosing the knowledge
obtained in the workplace
Employers can enforce agreements not to compete only when there is a valid
business purpose for contact
Injunction Civil ruling by courts to (not) do something
Espionage Obtaining secrets from the government in propose to disclose to a foreign
government (criminal)
Coco Cola incident coca cola is a trade secret; Lady wasn't trying to sell the recipe; but was selling
R&D to Pepsi for $1.25 million dollars; she did 8 years in prison because Pepsi
turned her in to the FBI
Patent Law Exclusive rights by the US Patent and Trade Office to eclude others and is
protected for a LIMITED time
New invention A legal monopoly!
Utility Patent New,
non-obvious,
useful processes, machines, compositions of matter or improvements thereof
20 years from filing date
Design Patent New, original and ornamental design for an article of manufacture
14 years from filing date
Plant Patent New, variety of plant that can be reproduced asexually
20 years from filing date
Process for Obtaining a Patent 1. File application
2. Filing fee
3. Explain invention
4. Explain uniqueness
5. Describe patent-able aspects
6. Evaluation by patent examiner
America Invents Act Same invention? Race to PTO for the patent (apply, register, maintain exclusivity or
give people the ability to use it if they pay you, watch out for infringement and
sue people
common defense against infringement is the ppl saying the patent wasn't
correctly registered/passed by the PTO
Characteristics of Patent-able Objects - Novelty
- Non-obvious (surprising/unexpected results)
- Utility (useful)
