Chapter 7 quiz

A design patent a. protects new, original ornamental designs for manufactured articles. b. protects only the appearance of an article. c. does not protect an article's structure or utilitarian features. d. is valid for 14 years from the date of issuance. e. All of these are correct.

All of these are correct

In the context of patent protection, _____ is knowledge that is publicly available or was published prior to the date of the invention—that is, before the filing of the patent application. a. prior art b. infringement c. intellectual property (IP) d. previous criterion e. copyright

Prior art

Most patent applications will be published _____ after the filing date of the application. a. six months b. two years c. 18 months d. four years e. one year

18 months

Which of the following is NOT a class into which an invention must fit? a. A design of a machine or something with moving parts or circuitry b. A process or method for producing a useful and tangible result c. A machine or something with moving parts or circuitry d. A composition of matter e. An article of manufacture

A design of a machine or something with moving parts or circuitry.

The _____ protects inventors from infringers who would violate a patent by making small, insignificant changes in the claims. a. Doctrine of Fair Use b. doctrine of ultra vires c. doctrine of precedent d. doctrine of equivalents e. America Invents Act

Doctrine of Equivalents

To qualify for _____, the work must be in a fixed and tangible form—that is, one must be able to see or hear it. a. injunctive relief b. federal copyright protection c. trade secret protection d. earned income credit e. intellectual property protection

Federal Copyright Protection

A user manual and a customer list are examples of intellectual property (IP). a. True b. False

False

_____ of patent rights occurs when someone other than the inventor (patent holder) or licensee makes and sells a product that contains every one of the elements of a claim. a. Dilution b. Infringement c. Reproduction d. Counterfeiting e. Misappropriation

Infringement

Which of the following marks would be eligible to become trademarks or service marks? a. Marks that are deceptive b. Marks that are immoral c. Marks that use a person's name or likeness without permission d. None of these are correct. e. Marks that use official symbols of the state where the applicant resides

None of these are correct

The primary means of protecting an original invention is a a. copyright. b. patent. c. nondisclosure agreement. d. trademark. e. trade secret.

Patent

The First Sale Doctrine grants a copyright owner all of the following rights EXCEPT a. public display. b. reproduction. c. public performance. d. distribution. e. preparation of original works.

Preparation of Original Works

Which of the following is the most common reason that trademarks are denied? a. The mark is immoral or deceptive. b. None of these are correct. c. The mark is deceptively misdescriptive. d. The mark uses a person's name or likeness without permission. e. The mark is likely to create confusion with an existing trademark in the marketplace.

The Mark is likely to create confusion with an existing trademark in the marketplace.

Which of the following statements about trade secrets is NOT true? a. There is no statute of limitations for filing claims against someone for violating your trade secrets. b. A trade secret must be filed on the United States Patent and Trademark Office's (USPTO's) website. c. The only way to protect trade secrets is through confidentiality agreements or contracts. d. All of these are correct. e. Trade secrets are protected under patent and trademark law.

Trade secrets are protected under patent and trademark law

To search for an existing trademark online, one would navigate to the _____ at the _____ site. a. Trademark Electronic Search System (TESS); USPTO.gov b. Trademark Electronic Search System (TESS); trademark.gov c. Trademark Electronic Registration System (TERS); trademark.gov d. Database of Trademarks (DOT); US.gov e. Trademark Electronic Registration System (TERS); whitehouse.gov

Trademark Electronic Search System (TESS); USPTO.gov

Patent rights granted to an individual in the United States extend only within the borders of the United States; they have no effect in any foreign country. a. True b. False

True

There are no legal means under patent and trademark law to protect trade secrets. a. True b. False

True

Which of the following is NOT eligible for a patent? a. A machine b. A naturally occurring substance c. An improvement on a machine d. A food additive e. A business method

a natural occurring substance

During the second step of the patent process, the United States Patent and Trademark Office (USPTO) a. conducts a search of its patent records for prior art. b. requires fees to be paid. c. issues a provisional patent contingent upon no existence of prior art. d. accepts or denies the application claim. e. issues a notice of allowance.

accepts or denies the application claim

Which of the following protect original works of authors, composers, screenwriters, and computer programmers? a. All of these are correct. b. Trademarks c. Patents d. Copyrights e. Trade secrets

copyrights

In the United States, a trademark a. cannot be registered until it is actually in use. b. must be renewed every 10 years. c. has a short life. d. can be sold to potential users. e. can easily be registered.

cannot be registered until it is actually in use

Section 107 of the _____ asserts that reproduction of a copyrighted work is "fair" when it is done for purposes such as criticism, comment, news reporting, teaching, scholarship, and research is known as the a. Digital Millennium Copyright Act (DMCA). b. Copyright Extension Act of 1998. c. Copyright Protection Act. d. Doctrine of Fair Use. e. First Sale Doctrine.

doctrine of fair use

Businesses create a lot of knowledge for their owners and that knowledge has no intrinsic value. a. True b. False

false

The doctrine of infringement protects inventors from infringers who would violate a patent by making small, insignificant changes in the claims. a. True b. False

false

A copyright protects a. a thought process. b. the form in which an idea is displayed. c. a concept. d. All of these are correct. e. an idea.

it's not D

In general, _____ are the most time sensitive of all forms of intellectual property (IP). a. contracts b. trade secrets c. patents d. trademarks e. copyrights

patents

A _____ patent application permits inventors to use the term patent pending. a. plant b. nonprovisional c. utility d. provisional e. formal

provisional

Marcus has adopted "iFix it fast." as the slogan for his electronics repair shop. This slogan is Marcus's a. copyright b. economic life c. trade secret d. patent e. trademark

trademark

A company's logo can be a trademark. a. True b. False

true

Intellectual property (IP) rights are a group of legal rights associated with patents, trademarks, copyrights, and trade secrets. a. True b. False

true

_____ patents are the most common type of patent. a. Plant b. Business method c. Design d. Biological e. Utility

Utility

Which of the following statements regarding the three categories of knowledge is true? a. Intellectual capital consists of explicit knowledge. b. Intellectual capital is the highest form of protection and the most valuable. c. Intellectual assets carry exclusive rights that offer remedies through the courts for the protection of intangible assets. d. Intellectual assets are the most common form of knowledge. e. Intellectual capital is essentially tacit knowledge.

intellectual capital is essentially tacit knowledge

A patent gives the patent holder the right to defend the patent against others who would attempt to manufacture, use, or sell the invention during the period of the patent, which for most patents is 20 years from the date of application. a. True b. False

true

There are no legal means under patent and trademark law to protect trade secrets. a. True b. False

true

The three major categories of patents are design patents, plant patents, and _____ patents. a. natural substance b. obvious invention c. prior art d. utility e. brand

utility