Bio 306 (Patents)

what is a patent?

A. A legal protection that keeps others from performing certain activities in a country of issuance.

b. A legal protection that allows others to perform certain activities in a country of issuance.

A

who got issued the 1st US patent

A. George Washington

B. Samuel hopkins

B. Samuel hopkins

Patent invention allow others to use or sell it.

true

false

false

what do patents do (select all that apply)

A. the demonstrate work thats innovative

B. they do not share patent licensing with other inventors

C. they can support the formation of start up companies or royalties from licenses

A, C

what is an the advantage of a patent

A. it can be narrow or broad

B. they give one the “freedom to operate”

C. they do not give you a right to exclude for 20 years

A

what can be patents? select all that apply

A. anything made by man

B. laws of nature

C. physical phenomena

D. abstract ideas

A

what are the basic requirements for the protection of a patent ? ( select all that apply)

a. novel

b. useful

c. nonobvious

d. unique

A,B, C

Define novel

A. new and non identical to previous work of others

B. Obvious extension or combination of the previous work of others

C. one of the ordinary skill in the subject area of the patent would have known at the time of the invention

A

Define Non-obvious

A. new and identical work

b. something that is not a clear extension or combination of work previous to others

c. ordinary skill in subject of patent would have known time of invention

B

What examples below could be patented? ( select all that apply)

A. Process/ method ( new way of doing something)

B. new compositions ( drugs, etc)

C. chemical Elements

D. machines

A, B, D

What are examples of what cannot be patented? ( Select all that apply)

A. Discovery

B. Tools

C. Musical/ artistic work

D. Gravity

A, C, D

Define USPTO

A. United state primary trade officers

B. Universal Stationary Provided Tutiton officials

C united states patent and trademark office

C

USPTO does all of the following except

A. Examine applications

B. grant patents

C.makes sure to not promote industrial and technological advances

D. advises many government agencies

C

Patent acquisition

a. prepare & file, examination, issuance, post-issuance challenges

b. examination, prepare and file, issuance, post- issuance challenges

c. prepare & file, examination, post-issuance challenges, issuance

a

what are the challenges with patents? (select all that apply)

a. patents can be challenged or disputed

b. you work will be published if patented

c. the US patent does not protect you in other countries

d. an infringing company can sell their product in the US

A.B,C

all are Obvious public disclosures except…..

a. publishing in a journal or boom

b. federal grant application

c. speaking at a conference

d. Offer product for sale

B

Less obvious public disclosures are…….( select all that apply)

a. emails and websites

b. student theses and dissertations

c. publishing in a book

d. conversation with outsiders

A, B, D

what are the recent changes in the patent law (select all that apply)

a. we are the last to file system like the rest of the world

B. we are the first to file system like the rest of the world (new opportunities/ ability to obtain patent protection)

B

does federal government account for over 60% of funding? true or false

true

What act created the uniform federal intellectual property?

a. Bayh- dole act

b. USPTO act

c. protection act

A

all of the following were impacts of Bayh- dole except…

a. Increasing in US academic patenting and associated revenues

b. Other countries passing laws that promote the patenting of publicly funded research

c. Steady decrease in academic licensing and associated revenues

c

patent prosecution requires a patent bar? true or false

true

true or false

some undergraduate degrees automatically qualify you to take the patent bar

true

you do not need scientific and technical training equivalent to a specific undergraduate degree to take the patent bar

true or false

false

A patent confers the right to use or make the invention.

true or false

false : A patent grants the patentee right to exclude others from using or making the invention.

Patented products are better than unpatented products.

False – To receive a patent, the invention just needs to be useful, not better.

If I find a new use for an old product, I can get a patent
on the product

False – Once a product has been patented, it cannot be patented again. However, you may be able to obtain a patent on how to use the product.

Inventors should…. ( select all that apply)

a. keep accurate complete records of all research and concept design efforts

b. publicly disclose there invention before talking to a patent attorney

c. keep invention disclosed before talking to attorney

a,c

patent trolls buy patents from companies that are going
under

true or false

true

can biological patents be patented if isolated

true or false

false: In the past yes but as of 2013 that is not enough

Each of the following is a misconception EXCEPT:

a. A patented products are better than unpatented products

b. Patents give you the right to exclude others from using your invention

c. You cant patent an old product if it has a new use

d. Patents give you the right to make your invention

b

Which of the following is NOT a type of intellectual property

a. trademark

b. copyright

c. patent

d. natural law

D

which of the following is NOT a basic requirement for something to be patentable

a. useful

b. unique

c. commercial

d. nonobvious

c

In the myraid case two human genes associated with breast and ovarian cancer
(BRCA1 and BRCA2) were invalid and unconstitutional.

true or false

true

anything of natural origin is patentable.

False: anything of natural origin is not patentable.

the Ariosa case relied on a newly discovered fact about human biology and therefore was not patentable subject matter

true or false

true

how long does it take to get a patent

A. 3-5 years

b. 2-4 years

c. depends in the patent

d. 1.5 years- 3 years

c

how long does patent protection last"?

a. 20 years

b. 17 years

c. 11 years

d. depends of patent

A. because after June 8 of 1995 the newer patents got a protection plan of 20 years

does ever country have the same patent laws

true or false

False

Which of the following is not made public

a. trademark

b. patent

c. copyright

d. trade secret

d

Who owns copy right created by AI

a. person who used AI to create the work

b. no one

c. programmers of AI

d. original artist who created the works used by AI

b

Which of the following is not true

a. scarping of internet involves storing existing art in database

b. unless you own the patent you must pay for using a patented process

c. current laws were not created to deal with AI and intellectual property

d. AI companies are being sued for training their software on existing art without paying for use

a