7: Intellectual Property and Information Technology

What is a patent number? A) a number assigned to a patent during application B) a number assigned to a patent when the patent is pending C) a number assigned to a patent once the patent is granted D) a number assigned to a patent when it comes under investigation

C) a number assigned to a patent once the patent is granted

Which of the following protects the functionality of a patent? A) a trade secret patent B) a design patent C) a utility patent D) a fair use patent

C) a utility patent

Which of the following types of patents is valid for only fourteen years? A) utility patent B) process patent C) business method patent D) design patent

D) design patent

Ordinary words or symbols that have taken on a secondary meaning can qualify for mark protection.

TRUE

The No Electronic Theft Act (NET Act) is applicable to copyright infringement that does not result in financial gain.

TRUE

A party must be a member of an organization to use a certification mark.

FALSE

Copyrights owned by businesses are protected for 95 years from the year of first publication.

TRUE

Which of the following is suitable for copyrighting? A) buildings B) musical compositions C) business methods D) product logos

B) musical compositions

A company slogan is an example of a trademark.

TRUE

A patent can only be claimed for a limited amount of time

TRUE

What happens to a copyrighted work after its copyright period has expired? A) The work will enter the public domain and can thereafter be used for free. B) A non-copyright holder can purchase the rights to the work. C) The copyright can be renewed for a fee by the original creator of the work. D) The government assumes ownership of the work and licenses its use in return for the payment of a licensing fee.

A) The work will enter the public domain and can thereafter be used for free.

Which of the following occurs where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened? A) tarnishment B) blurring C) garnishment D) contributory mark infringement

B) blurring

"Just Do It" is a famous slogan used by the Nike Corporation. Which of the following types of intellectual property is it? A) patent B) trade secret C) trademark D) copyright

C) trademark

A company logo is an example of a ________. A) trade secret B) patent C) trademark D) copyright

C) trademark

Which of the following constitutes copyright infringement? A) a brief quotation from the copyrighted material used in a news report B) use of the copyrighted material in a spoof or satire C) using several clips of a documentary movie D) reproduction by a teacher or student of a small part of the copyrighted work to illustrate a lesson

C) using several clips of a documentary movie

According to the public use doctrine for patents, ________. A) a patent will not be granted if the invention was already in public use for more than one year prior to the filing of the patent application B) an invention cannot be used in the public domain before its creator has received an associated patent C) the inventor must test his invention in the public domain to measure its validity before the government will grant a patent D) the invention will come into the public domain once its term period has expired

A) a patent will not be granted if the invention was already in public use for more than one year prior to the filing of the patent application

If a competitor reverse engineers a trade secret, the competitor is ________. A) allowed to use the trade secret but not the trademarked name B) rightfully allowed co-ownership to the trade secret and its original trademark C) not allowed to gain commercially from the trade secret D) obliged to inform the original owner of the trade secret

A) allowed to use the trade secret but not the trademarked name

John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. After six months, he had not yet used the logo. Which of the following courses of action does trademark law allow Mr. Crichton in order for him to retain his logo until he uses it in commerce? A) apply for a 6-month extension for the logo B) change the logo slightly and reapply for the revised logo C) pay a fine so that the trademark gets registered immediately D) cancel the current application and reapply for the same logo

A) apply for a 6-month extension for the logo

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n) ________ mark. A) collective membership B) certification C) service D) ownership

A) collective membership

Which of the following is NOT an example of intellectual property? A) tangible property B) a copyright C) a trademark D) a patent

A) tangible property

Which of the following statutes was enacted by the United States Congress to protect trade secrets? A) the Economic Espionage Act B) the Sarbanes-Oxley Act C) the Lanham Act D) the Telecommunications Act

A) the Economic Espionage Act

Which of the following types of intellectual property is protected by the Lanham Act? A) trademark B) trade secret C) copyright D) patent

A) trademark

Which of the following is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection? A) service mark B) orphan work C) generic name D) private brand

C) generic name

Which of the following is correct regarding the patenting of a scientific principle? A) A patent for a scientific principle is available through the United States Court of Appeals for the Federal Circuit. B) A scientific principle cannot be patented. C) A patent for a scientific principle is available through the U.S. Patent and Trademark Office. D) A scientific principle can only be patented once a universal consensus has been reached on its validity.

B) A scientific principle cannot be patented.

Which of the following accurately describes the fair use doctrine? A) It stipulates the time period for which a copyright holder can retain his copyright. B) It permits certain limited use of copyrighted material by someone other than the copyright holder without the copyright holder's permission. C) It permits the use of copyright material by someone other than the copyright holder in return for the payment of a licensing fee to the federal government. D) It guides the United States Copyright Office in determining what works qualify for copyright protection.

B) It permits certain limited use of copyrighted material by someone other than the copyright holder without the copyright holder's permission.

How is a copyright different from a patent? A) Copyrights apply to inventions, while patents apply to tangible writings. B) Patents have a limited duration, while copyrights have unlimited duration. C) Patents are granted by the federal government, while copyrights are granted by state governments. D) Copyrighted material must be novel and useful, while patented inventions need not be.

B) Patents have a limited duration, while copyrights have unlimited duration.

The use of copyrighted material in a satire or parody is an example of ________. A) comparative copyright infringement B) application of the fair use doctrine C) piracy D) contributory copyright infringement

B) application of the fair use doctrine

Which of the following is a product formula, pattern, design, compilation of data, customer list, or other covert business information? A) copyright B) patent C) trade secret D) trademark

C) trade secret

Which of the following is a mark that confirms that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark? A) guarantee mark B) certification mark C) service mark D) collective membership mark

B) certification mark

Which of the following is a grant by the federal government to an inventor for the exclusive right to use, sell, or license the invention for a limited period of time? A) copyright B) patent C) trade secret D) trademark

B) patent

A competitor can lawfully use a rival's trade secret if the competitor acquired the trade secret by means of ________. A) cross-licensing B) reverse engineering C) patenting D) copyrighting

B) reverse engineering

Which of the following is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner? A) blurring B) tarnishment C) trolling D) garnishment

B) tarnishment

Which of the following is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers? A) trade secret B) trademark C) patent D) copyright

B) trademark

When does a patent enter the public domain? A) when the patent has been challenged in court and found to be an infringement B) when the patent term period has expired C) when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or group of people D) when the invention is either obvious or not a novel one

B) when the patent term period has expired

What is the duration of copyright protection provided to individuals under the Copyright Term Extension Act of 1998? A) Individuals are granted 120 years of copyright protection from the year of first publication of the work. B) Individuals are granted 95 years of copyright protection from the year of creation of the work. C) Individuals are granted copyright protection for their lifetime plus 70 years. D) Individuals are granted 20 years of copyright protection, subject to renewal in return for the payment of an additional fee.

C) Individuals are granted copyright protection for their lifetime plus 70 years.

Which of the following is correct regarding the patent period recognized in the United States? A) It follows the first-to-invent rule. B) The patent period for an invention is 17 years. C) The patent term begins to run from the date the patent application is filed. D) The patent term begins to run from the date the patent is issued.

C) The patent term begins to run from the date the patent application is filed

Which of the following is a provision made under the Berne Convention? A) The treaty makes it mandatory to place the copyright symbol on all copyrighted works. B) The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments. C) The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work. D) The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.

C) The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.

How do patent laws help an inventor? A) They let the inventor keep his patents indefinitely. B) They help the inventor meet potential buyers for his patented inventions. C) They provide protection for patented inventions from infringement. D) They help the inventor guard his patented invention from the public.

C) They provide protection for patented inventions from infringement.

Which of the following is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work? A) trade secret B) trademark C) copyright D) patent

C) copyright

Regarding trademark protection, what is secondary meaning? A) when a mark that resembles a mark already registered with the United States Patent and Trademark Office is used for a new product or service B) when descriptive words are used that have no direct relevance to a product or service C) when ordinary words establish new meaning due to their attachment to a product or service D) when a distinctive mark or design is created for a new product or service

C) when ordinary words establish new meaning due to their attachment to a product or service

Regarding patents, which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit? A) It hears appeals rejected from state courts regarding patent issues. B) It accepts applications for new patents. C) It helps to enact new patent laws. D) It helps to promote uniformity in patent laws.

D) It helps to promote uniformity in patent laws.

Uploading copyrighted material to an unauthorized web site by a non-copyright holder constitutes copyright infringement under the ________. A) Digital Millennium Copyright Act B) Berne Convention Act C) Sonny Bono Copyright Term Extension Act D) No Electronic Theft Act

D) No Electronic Theft Act

Intellectual property falls into a category of property known as ________ property. A) physical B) real C) tangible D) intangible

D) intangible

According to the Economic Espionage Act, ________. A) persons who have reverse engineered a trade secret can use that trade secret and its related trademark B) the rights to a trade secret must be renewed after a specified period of time C) trade secrets can be shared for a limited amount of time D) it is a federal crime to steal another party's trade secret

D) it is a federal crime to steal another party's trade secret

Apart from recovering damages and recovering profits made by the offender, successful plaintiffs in a trade secret misappropriation case can also ________. A) obtain the offender's trademarks or brand name as payoff B) ask for transfer of any of the offender's patents to the plaintiff C) ask to acquire the offender's trade secrets as payoff D) obtain an injunction prohibiting the offender from divulging the trade secret

D) obtain an injunction prohibiting the offender from divulging the trade secret

Which of the following is considered to be a part of intellectual property? A) buildings B) vehicles C) business contracts D) patents

D) patents

A closely guarded formula for a recipe protected by a soft drink manufacturer is an example of a ________. A) copyright B) patent C) trademark D) trade secret

D) trade secret

A collective membership mark identifies different products in the same product line of an organization.

FALSE

A party that does not register its brand name has no legal rights associated with it.

FALSE

A patent number is given to a patent that is still under consideration

FALSE

A service mark is used to distinguish the product of the holder from those of its competitors.

FALSE

A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.

FALSE

Copyright protection for a work can only be claimed after the United States Copyright Office formally grants it.

FALSE

Copyrights are addressed separately by different state laws.

FALSE

Distinctive marks are ordinary words or symbols that have acquired special meaning with a product or service.

FALSE

Improvements to existing machines, processes, or compositions of matter cannot be patented

FALSE

In a trademark dilution lawsuit, the plaintiff must show proof of actual harm in order to prevail.

FALSE

Intangible rights include ownership rights to real estate.

FALSE

The fair use doctrine does not allow the reproduction of a work in a legislative or judicial proceeding.

FALSE

The patent term begins to run from the date the patent is issued.

FALSE

The trademark symbol "SM" is used to indicate a mark associated with a product.

FALSE

The trademark symbol "TM" is used to indicate a registered mark.

FALSE

Trademarks that have become generic names are protected under federal trademark law.

FALSE

Utility patents for inventions are valid for the inventor's life plus 70 years.

FALSE

A competitor can lawfully discover a trade secret by performing reverse engineering

TRUE

A provisional application for a patent gives an inventor three months to prepare a final patent application.

TRUE

A trademark is only issued if the registrant proves he has used the mark in commerce.

TRUE

Abstractions and scientific principles cannot be patented unless they are part of the tangible environment.

TRUE

After its patent period expires, an invention enters the public domain.

TRUE

After the copyright term expires, the work enters the public domain.

TRUE

Anyone can produce and sell an invention in the public domain without paying the prior patent holder.

TRUE

If an invention is obvious, it cannot qualify for patent protection.

TRUE

In the United States, the first party to file a patent on an invention receives the patent even though another party was the first to invent the invention.

TRUE

Intellectual property describes property that is developed through an intellectual and creative process.

TRUE

Intellectual property falls into a category of property known as intangible rights.

TRUE

The Federal Trademark Dilution Act (FTDA) provides that owners of marks have valuable property rights in their marks that should not be diluted, blurred, tarnished, or eroded in any way by another.

TRUE

The fair use doctrine allows certain limited, unauthorized use of copyrighted material.

TRUE

The trademark symbols "TM" and "SM" can be used with marks that have not been registered.

TRUE

The world famous Coca-Cola recipe is a closely guarded trade secret but not a patented recipe.

TRUE

Utility patents for inventions are valid for twenty years

TRUE