LEB 323 TEST 2 QUESTIONS WITH
CORRECT ANSWERS
5 Requirements for Patentability - Answer-1. Patentable subject mater
2. Useful (easy to fulfill) 3. Novel 4. Result of patent application originally filed within one
year after certain actions reveals the invention
5. Nonobvious (to an average person in field; "secondary considerations" look to what
happened when invention was in marketplace)
4 Types of Prior Art - Answer-1. Patent granted anywhere in world
2. Printed publication anywhere in world
3. "Public Use" in US (can be a physical embodiment, viewed, or demonstrated)
4. "On Sale" in U.S. (sale of, contract to sell, or sell offer)
^^^ All must be inventions, not in experimental stages
5 Types of Patentable Subject Matter - Answer-1. Machines 2. Manufactures (products)
3. Compositions of matter (chemicals) 4. Processes
5. Any improvement on 1st 4 categories meeting reqs.
New Novelty/Delayed Filing Rules - Answer--No patent if prior art existed before patent
application filed (over a year before patent application)
-From "first to invent" to "first to file" system
-Patent still available if someone created it before you but kept it secret (still considered
novel)
-No patent i
Lough v. Brunswick Corp - Answer--Question of whether use before critical date was
public or experimental
-Public use when he gave it to friend without asking for secrecy; also didn't check on
progress of prototypes/get paid like it was an experiment
-Note that one of the 5 other boats containing the invention was later sold by its owner
Factors in Determining Experimental Use - Answer-1. Number of prototypes 2. Duration
of texting
3. Existence of records/progress reports
4. Compensation for experiment 5. Control over testing
Ownership of Patent Rights - Answer--Sell patent, give others licensing rights (ex.
sorority)
, Patent Infringement (literal, nonliteral) - Answer--Literal: invention contains all of patent's
claims (maybe even an additional claim)
-Nonliteral: some claims but one/more are similar but not identical; use Doctrine of
Equivalents to determine if claim performs substantially the same function in the same
way to achieve the same result
Larami Corp. v. Alan Amron - Answer-•Water guns: not seen as infringement, but as
improvement of original model due to not copying every claim
•Breaking claim into parts
Patent Infringement Remedies - Answer--Obtain injunction and damages
-Lost profits on patented/accessory unpatented items, royalty on defendant's sales,
losses from dropped prices
-Damages multiplied up to 3X if proven intent
International Patent Law - Answer--No "international" patent; controlled by each nation
-Paris Convention; keep original filing date within 1 yr
6 Exclusive Rights to Copyright Owners - Answer-1. Make copies 2. Create derivative
works (sequel, book)
3. Publicly distribute copies of work ("1st sale doctrine")
4. Publicly display the work 5. Publicly perform work
6. Publicly perform work by internet audio transmission (recorded music performances)
Copyright Act of 1976
-Term
-Renewable/nonrenewable
-Work for hire - Answer--Life of the author plus 70 years (originally 14 yrs)
-Nonrenewable
-95 years from date of publication OR 120 years from date of creation (whichever is
shorter)
First Sale Doctrine - Answer-Allows someone who has purchased/otherwise lawfully
acquired a copyrighted work to resell/give away that copy
Work For Hire Qualifications - Answer--WFH: work created by an employee while acting
in scope of employment (copyright owned by company)
-Work created by independent contractor WFH IF:
1. Written agreement before starting work
2. Agreement explicitly said work was WFH
3. Work in one of 9 categories: contribution, part of movie, translation, supplement,
compilation, test, answer key for test, instructional material, or atlas
Original Expression - Answer-•Essential requirement: significant room for individual
choice in how to form expressions; not same as novel, just not copied from some other
source
CORRECT ANSWERS
5 Requirements for Patentability - Answer-1. Patentable subject mater
2. Useful (easy to fulfill) 3. Novel 4. Result of patent application originally filed within one
year after certain actions reveals the invention
5. Nonobvious (to an average person in field; "secondary considerations" look to what
happened when invention was in marketplace)
4 Types of Prior Art - Answer-1. Patent granted anywhere in world
2. Printed publication anywhere in world
3. "Public Use" in US (can be a physical embodiment, viewed, or demonstrated)
4. "On Sale" in U.S. (sale of, contract to sell, or sell offer)
^^^ All must be inventions, not in experimental stages
5 Types of Patentable Subject Matter - Answer-1. Machines 2. Manufactures (products)
3. Compositions of matter (chemicals) 4. Processes
5. Any improvement on 1st 4 categories meeting reqs.
New Novelty/Delayed Filing Rules - Answer--No patent if prior art existed before patent
application filed (over a year before patent application)
-From "first to invent" to "first to file" system
-Patent still available if someone created it before you but kept it secret (still considered
novel)
-No patent i
Lough v. Brunswick Corp - Answer--Question of whether use before critical date was
public or experimental
-Public use when he gave it to friend without asking for secrecy; also didn't check on
progress of prototypes/get paid like it was an experiment
-Note that one of the 5 other boats containing the invention was later sold by its owner
Factors in Determining Experimental Use - Answer-1. Number of prototypes 2. Duration
of texting
3. Existence of records/progress reports
4. Compensation for experiment 5. Control over testing
Ownership of Patent Rights - Answer--Sell patent, give others licensing rights (ex.
sorority)
, Patent Infringement (literal, nonliteral) - Answer--Literal: invention contains all of patent's
claims (maybe even an additional claim)
-Nonliteral: some claims but one/more are similar but not identical; use Doctrine of
Equivalents to determine if claim performs substantially the same function in the same
way to achieve the same result
Larami Corp. v. Alan Amron - Answer-•Water guns: not seen as infringement, but as
improvement of original model due to not copying every claim
•Breaking claim into parts
Patent Infringement Remedies - Answer--Obtain injunction and damages
-Lost profits on patented/accessory unpatented items, royalty on defendant's sales,
losses from dropped prices
-Damages multiplied up to 3X if proven intent
International Patent Law - Answer--No "international" patent; controlled by each nation
-Paris Convention; keep original filing date within 1 yr
6 Exclusive Rights to Copyright Owners - Answer-1. Make copies 2. Create derivative
works (sequel, book)
3. Publicly distribute copies of work ("1st sale doctrine")
4. Publicly display the work 5. Publicly perform work
6. Publicly perform work by internet audio transmission (recorded music performances)
Copyright Act of 1976
-Term
-Renewable/nonrenewable
-Work for hire - Answer--Life of the author plus 70 years (originally 14 yrs)
-Nonrenewable
-95 years from date of publication OR 120 years from date of creation (whichever is
shorter)
First Sale Doctrine - Answer-Allows someone who has purchased/otherwise lawfully
acquired a copyrighted work to resell/give away that copy
Work For Hire Qualifications - Answer--WFH: work created by an employee while acting
in scope of employment (copyright owned by company)
-Work created by independent contractor WFH IF:
1. Written agreement before starting work
2. Agreement explicitly said work was WFH
3. Work in one of 9 categories: contribution, part of movie, translation, supplement,
compilation, test, answer key for test, instructional material, or atlas
Original Expression - Answer-•Essential requirement: significant room for individual
choice in how to form expressions; not same as novel, just not copied from some other
source
