SPM4723 Exam 2 || with 100% Correct Answers.
What do patents protect? correct answers Works of invention
Why have patents? correct answers The government wants to encourage scientific development
so it gives inventors legal protection for their work and ideas
What may patents be granted for? correct answers i. Process
ii. Machine
iii. Manufacture
iv. Composition of Matter
v. An improvement of # i.-iv.
vi. Ornamental design for a product
vii. Business method
Patents may not be granted if: correct answers -The patent lacks novelty
-The patent is obvious
-The patent has utility
How does someone get a patent? correct answers -File an application with the US Patent &
Trademark Office (USPTO)
-Once a patent is granted, the owner is given a patent number
-If the patent is pending, they say "patent pending" on the product
How long do patents last? correct answers 20 years
What happens if a patent is infringed upon? correct answers The owner is entitled to
compensation for the value infringed, plus court costs and interest
What damages are an owner entitled to if a patent is infringed upon? correct answers -Value of
the use of the patented invention
-Court costs (filing and attorney fees)
-Interest on the money owed
What does copyright protect? correct answers Original works of authorship
How are copyrights protected? correct answers Marked with a © symbol
How does someone get copyright protection? correct answers No need for an application; just
put a © symbol on the work
How long do copyrights last? correct answers The life of the author plus 70 years
What happens if a copyright is infringed upon? correct answers Sue for damages in federal court,
not state (there are no state copyrights)
, What damages are an owner entitled to if a copyright is infringed upon? correct answers Actual
damages plus the defendant's profits from the use of the work
What is the Work-Made-For-Hire Doctrine? correct answers If an author is hired by someone to
produce a work, the hiring party will generally have ownership of the work
What is the Fair Use Doctrine? correct answers Limited use of protected works is okay for
specific reasons including:
- non-commercial research
- teaching
- parody
What do trademarks protect? correct answers Any mark that is distinctive of a person or
company's goods in commerce
What may trademarks be granted for? correct answers -Words/names
-Symbols
-Colors
-Sounds/scents
-Trade dress
In order for a mark to be trademarked, what two characteristics must it have? correct answers 1.
Distinctive
2. Non-functional
How does someone get trademark protection? correct answers -File an application with the
USPTO
-If registered, mark with (®) symbol
-If unregistered, mark with (™) symbol
How long do trademarks last? correct answers 10 years with 10-year-long renewals
What is the standard of enforcement for trademark infringement? correct answers Likelihood of
confusion
What factors will a court focus on when evaluating a claim of trademark infringement and
determining whether consumers would likely be confused by a possible infringing use of a
trademark? correct answers -Strength of the mark
-Similarity between marks
-Evidence of actual confusion
-Consumer sophistication
-Quality of the alleged infringer's products
-Similarity between the products and the way they are sold
-Likelihood the owner will expand the use of his own marks in the future on other products
-Whether the alleged infringer acted with good faith
What do patents protect? correct answers Works of invention
Why have patents? correct answers The government wants to encourage scientific development
so it gives inventors legal protection for their work and ideas
What may patents be granted for? correct answers i. Process
ii. Machine
iii. Manufacture
iv. Composition of Matter
v. An improvement of # i.-iv.
vi. Ornamental design for a product
vii. Business method
Patents may not be granted if: correct answers -The patent lacks novelty
-The patent is obvious
-The patent has utility
How does someone get a patent? correct answers -File an application with the US Patent &
Trademark Office (USPTO)
-Once a patent is granted, the owner is given a patent number
-If the patent is pending, they say "patent pending" on the product
How long do patents last? correct answers 20 years
What happens if a patent is infringed upon? correct answers The owner is entitled to
compensation for the value infringed, plus court costs and interest
What damages are an owner entitled to if a patent is infringed upon? correct answers -Value of
the use of the patented invention
-Court costs (filing and attorney fees)
-Interest on the money owed
What does copyright protect? correct answers Original works of authorship
How are copyrights protected? correct answers Marked with a © symbol
How does someone get copyright protection? correct answers No need for an application; just
put a © symbol on the work
How long do copyrights last? correct answers The life of the author plus 70 years
What happens if a copyright is infringed upon? correct answers Sue for damages in federal court,
not state (there are no state copyrights)
, What damages are an owner entitled to if a copyright is infringed upon? correct answers Actual
damages plus the defendant's profits from the use of the work
What is the Work-Made-For-Hire Doctrine? correct answers If an author is hired by someone to
produce a work, the hiring party will generally have ownership of the work
What is the Fair Use Doctrine? correct answers Limited use of protected works is okay for
specific reasons including:
- non-commercial research
- teaching
- parody
What do trademarks protect? correct answers Any mark that is distinctive of a person or
company's goods in commerce
What may trademarks be granted for? correct answers -Words/names
-Symbols
-Colors
-Sounds/scents
-Trade dress
In order for a mark to be trademarked, what two characteristics must it have? correct answers 1.
Distinctive
2. Non-functional
How does someone get trademark protection? correct answers -File an application with the
USPTO
-If registered, mark with (®) symbol
-If unregistered, mark with (™) symbol
How long do trademarks last? correct answers 10 years with 10-year-long renewals
What is the standard of enforcement for trademark infringement? correct answers Likelihood of
confusion
What factors will a court focus on when evaluating a claim of trademark infringement and
determining whether consumers would likely be confused by a possible infringing use of a
trademark? correct answers -Strength of the mark
-Similarity between marks
-Evidence of actual confusion
-Consumer sophistication
-Quality of the alleged infringer's products
-Similarity between the products and the way they are sold
-Likelihood the owner will expand the use of his own marks in the future on other products
-Whether the alleged infringer acted with good faith
