Understanding Patents: A Deeper Dive

Internal Quiz

Question 1 of 6

Which of the these is the only subject matter than is patentable?

• data structures

• electro-magnetic signals

• compositions of matter

• non-functional descriptive material

• compositions of matter

Question 2 of 6

An inventor comes up with an idea for a self-propelled baseball bat. What attribute(s) must the idea have to be patentable?

• It must be useful, novel, and obvious.

• It must be a an idea for a product that can be sold to the public.

• It must have merit as determined by a patent attorney.

• It must be useful, novel, and non-obvious.

It must be useful, novel, and non-obvious.

Question 3 of 6

In what component of a patent application does the applicant identify the relevance of the invention and the motivation for coming up with the invention?

• summary

• claims

• background

• abstract

background

Question 4 of 6

Sue invented a steamer that heats food faster than a microwave. She knows she can sell the steamer worldwide. Sue is concerned about costs. How should Sue protect her invention in other countries while she begins marketing her cooker?

• Sue should file an international patent application that will protect her invention in any country she sells in.

• Sue should file a PCT patent application, then determine what countries to file in after WIPO examines her patent.

• Sue should file a patent in the U.S., then file a PCT application to give her time to determine what countries she should file patents in.

• Sue should file a patent in the U.S., then file a PCT application that will provide her with twenty-year patent protection all countries.

Sue should file a patent in the U.S., then file a PCT application to give her time to determine what countries she should file patents in.

Question 5 of 6

Infringement on dependent claims is nearly always found even if the independent is not infringed upon.

• TRUE

• FALSE

FALSE

Question 6 of 6

ABC, Inc. is a large multi-national company with numerous product lines. ABC wants to avoid being sued for intentional patent infringement. What might ABC, Inc. do to avoid intentional infringement?

• Avoid doing patent searches so they do not become aware of a patent they might infringe.

• Avoid producing an item based upon an idea that a patent had been applied for but abandoned.

• Avoid producing a product when a similar product has a patent pending.

• Avoid using risk management techniques when proceeding with product development.

Avoid doing patent searches so they do not become aware of a patent they might infringe.

Final Exam

Question 1 of 7

“Patent prosecution” has what meaning in the process of submitting patent applications?

• Patent prosecution is the process of appealing the refusal of a patent application to the federal courts.

• Patent prosecution is the process of moving an application through the patent office by addressing refusals until a patent is issued.

• Patent prosecution is the process of reviewing prior art noted by the examiner when refusing an application.

• Patent prosecution is the process of having a patent examiner expedite the review process.

b) Patent prosecution is the process of moving an application through the patent office by addressing refusals until a patent is issued.

Question 2 of 7

Jane believes she has a patentable idea. What timeframe applies if Jane decides to apply for a utility patent?

• Jane must not have not disclosed her idea publicly within the year before filing her application.

• Jane must not have disclosed her idea publicly more than a year from filing her application.

• Jane must have disclosed her idea publicly regardless of time limit before filing her application.

• Jane must have disclosed her idea publicly at some time more than a year before filing her application.

b) Jane must not have disclosed her idea publicly more than a year from filing her application.

Question 3 of 7

ABC Corp. copies XYZ Corp’s patented wheel-lock for its new trailer. The wheel-lock is only $12 of the $3,000 dollars the trailer will sell for. ABC has not yet started selling its new trailer. Has ABC infringed on XYZ’s patent?

• ABC will infringe on XYZ’s patent once it begins selling trailers with the XYZ patented wheel-lock.

• ABC will only infringe on XYZ’s patent if it sells the wheel-locks separately from the trailers.

• ABC has not infringed because it did not use the wheel-locks sold by XYZ but made its own locks.

• ABC infringed on XYZ’s patent when it used XYZ’s patented idea for its own wheel-lock.

d) ABC infringed on XYZ’s patent when it used XYZ’s patented idea for its own wheel-lock.

Question 4 of 7

While working for XYZ Corp. Carl patents a new process for painting sheet metal. XYZ claims they are entitled to the benefits of the patent. What is the only legally accurate scenario regarding patent rights and benefits?

• XYZ Corp. licensed any rights to inventions to Carl when he was hired. XYZ Corp’s name will be on the patent.

• Carl assigned the rights to any inventions to XYZ when he was hired. His name remains on the patent but the benefits are in the name of XYZ.

• Carl licensed his patent rights to XYZ. When he licensed his rights, XYZ Corp’s name replaces Carl’s on the patent.

• XYZ Corp. is the named inventor because XYZ furnished the facilities in which Carl developed the new painting process.

• b) Carl assigned the rights to any inventions to XYZ when he was hired. His name remains on the patent but the benefits are in the name of XYZ.

Question 5 of 7

Edgar has come up with a X-shaped steering wheel for cars. He knows the X-shape will be popular with drivers who buy sports cars. What type of patent should he apply for?

• a utility patent because utility patents protect the aesthetics of an invention rather than the invention’s functionality

• a design patent because once Edgar protects the X-design his patent will also protect the function of turning the car’s front wheels

• a utility patent because a utility patents protects both the design and the functionality of an invention

• Attempted correct option

• a design patent because it protects the X-design which is more important to Edgar than the function of a steering wheel that turns a car

d) a design patent because it protects the X-design which is more important to Edgar than the function of a steering wheel that turns a car

Question 6 of 7

If a patent examiner refuses an application because the idea in the application is “obvious”, that does this generally mean?

• The examiner found there is no usefulness to the idea.

• The examiner determined the idea is not novel.

• The examiner identified similar products in the marketplace.

• The examiner discovered there is prior art for the idea.

d) The examiner discovered there is prior art for the idea.

Question 7 of 7

When you are searching a database to determine if there is an existing patent for an idea, where should you focus your search?

• in abstracts, because abstracts contain the most complete information regarding novelty or obviousness

• in background, because a patent that satisfies a particular need bars other patents that satisfy the same need

• in drawings, to determine if your product’s utility and design is sufficient to be issued a patent

• in claims, to determine if your idea might infringe on an existing patent and be barred if the claims are the same

d) in claims, to determine if your idea might infringe on an existing patent and be barred if the claims are the same