Business Law Amber Campbell Case Study

Description

case study practice exam 24 questions

Explanation & Answer length: 24 Questions.

Case Study Quiz 3

1. Amber Campbell has applied for a patent for a new invention. All of the following conditions must exist for an invention in order to secure a patent, except:

a. It does not need to be useful.

b. It must not be obvious to the prior art in the field.

c. It must be novel in relation to the prior art in the field.

2. Amber Campbell has applied for a patent for a new invention. Why could a patent be rejected as not novel?

a. The invention is anticipated.

b. The invention could be copied.

c. The invention would be a commercial success.

3. Amber Campbell has applied for a patent for a new invention. The America Invents Act changed U.S. patent law by:

a. changing the patent system from a first-to-invent system to a first-to-file system.

b. changing the patent system from a first-to-file system to a first-to-invent system.

c. implementing a new patent classification scheme for searching patents.

4. Naomi Sandoval is a horticulturalist and wants to patent a new plant. What is required for the plant can be patented?

a. The new variety must be free from diseases.

b. The new variety must be asexually reproduced.

c. The new variety must be reproduced by growing it from a seed.

5. Naomi Sandoval is a horticulturalist and wants to patent a new plant. What is double patenting?

a. A doubling of the patent term of duration for enhanced protection.

b. A patent necessary for plant disease protections.

c. Issuing more than one patent for the same invention.

6. Naomi Sandoval is a horticulturalist and wants to patent a new plant. What must Naomi’s invention satisfy for Naomi to obtain a design patent for a container for her plant?

a. It must be a product of nature.

b. It must be anticipated.

c. It must be ornamental.

7. Emily Cox wishes to file a patent application for a new invention. What research should Emily conduct prior to filing the patent?

a. An infringement search.

b. A brainstorm search

. c. A novelty search.

8. Emily Cox wishes to file a patent application for a new invention. All of following are limits to patent searching, except:

a. pending patent applications.

b. database access.

c. innumerable resources.

9. Emily Cox wishes to file a patent application for a new invention. What could Emily do to accelerate the examination process?

a. File a petition to make a restriction requirement.

b. File a petition to make a special restriction for examination.

c. File a petition to make special and request accelerated examination.

10. Stephanie Chung has invented a new product and she wants to protect her rights to it by filing a patent application. How much time does Stephanie have to respond to a patent application rejection?

a. four months

b. six months

c. twelve months

11. Stephanie Chung has invented a new product and she wants to protect her rights to it by filing a patent application. When may Stephanie give notice that her invention is patented?

a. Once the patent has been applied for.

b. Once the USPTO issues a filing receipt for the application.

c. Once the patent is issued.

12. Stephanie Chung has invented a new product and she wants to protect her rights to it by filing a patent application. When Stephanie receives her patent, at which intervals will maintenance fees need to be paid?

a. Due at 3 ½ , 7 ½, 11 ½ years.

b. Due at 5 ½, 9 ½, 14 ½ years.

c. Due at 2 ½ , 4 ½ , 6 ½ years.

13. Patricia Marquez has created a new invention and has received a patent. What is an assignment of patent rights?

a. A transfer of a party’s entire ownership or percentage interest of ownership interest.

b. A transfer of the specific details of the patent.

c. A transfer of profits arising out of sales of the patented invention.

14. Patricia Marquez has created a new invention and has received a patent. How does a license of patent rights differ from a transfer of patent rights?

a. A license is not limited in ownership rights.

b. A license is not an outright grant of ownership.

c. A license must conform to USPTO standards.

15. Patricia Marquez has created a new invention and has received a patent. Companies or individuals that promise to evaluate, develop, patent, and market inventions for others are called?

a. invention producers

b. invention wholesalers

c. invention promoters

16. Lynn Sole has invented a product while working for her employer. According to the America Invents Act, who has ownership rights to an invention and who can file for a patent application for it?

a. Anyone who actually owns the invention rights.

b. Only the inventor of the product.

c. The assignor of the rights.

17. Lynn Sole has invented a product while working for her employer. If an invention is owned jointly, who must apply for the patent?

a. Joint inventors must apply for the patent jointly.

b. The inventor who has permission to file for the patent.

c. The inventor who contributed most to the invention.

18. Lynn Sole has invented a product while working for her employer. Who will own the invention if the employer and employee did not agree to ownership?

a. Generally, the employer, subject to certain rights of the employee.

b. Generally, the employee, subject to certain rights of the employer.

c. Generally, both employee and employer jointly.

19. Miguel Hernandez has obtained a patent for a new invention. What is direct infringement of Miguel’s invention?

a. Making or selling the patented invention without permission.

b. Using the patented invention with permission.

c. Inducing another to make or sell the patented invention without permission.

20. Miguel Hernandez has obtained a patent for a new invention. What is needed to prove literal infringement of a patent?

a. The claim of the patent cannot be infringed.

b. All claims of the patent must be infringed.

c. Only one claim of the patent has been infringed.

21. Miguel Hernandez has obtained a patent for a new invention. The principle that an applicant who disagrees with an examiner’s position or decision should appeal that decision (and if the applicant fails to do so, is bound by that decision) is called

: a. prosecution history estoppel.

b. patent misuse doctrine

. c. reverse doctrine of equivalents.

22. Amar Akaka has obtained a patent for a new device he has invented. Which of the following is not a remedy for infringement?

a. injunctive relief

b. Markman hearing

c. compensatory damages

23. Amar Akaka has obtained a patent for a new device he has invented. To maintain uniformity in patent law, who determines the issue of claims construction?

a. nonpracticing entities

b. the court

c. a criminal jury

24. Amar Akaka has obtained a patent for a new device he has invented. What is an alternative to patent infringement litigation?

a. arbitration

b. Markman hearings

c. de novo investigation

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