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LEGL 2700 test 3 Epstein UGA |Questions with 100% Correct Answers | Verified
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LEGL 2700 test 3 Epstein UGA |Questions with100% Correct Answers | Verified
patent law - ✔️✔️-New invention -> legal monopoly for period of time (only company who can
sell, import this item)
-Creates an incentive to create more inventions and make money effectively
types of patents - ✔️✔️utility, design, plant
who do you register patents with - ✔️✔️USPTO
utility patent (useful, function) - ✔️✔️machines, processes, compositions of matter; 20 years
from filing date
design patent (appearance of article) - ✔️✔️new OG design of article of manufacture - 15 years
from issue date
plant patent (less concerned) - ✔️✔️new variety - 20 years from filing date
obtaining a patent - ✔️✔️Patent: exclusive right to invention
1. File an application
2. Filing fee
3. Explain the invention
4. Show difference from prior art (things that have already been invented)
5. Describe patentable aspects
6. Evaluation by the patent examiner
,America Invents Act (2011) - ✔️✔️· Revised from a first-inventor-to-invent system to a first-
inventor-to-file system
· Prior to the Act's passage, the Us was a first to invent country
subject matter - ✔️✔️Validity of a patent can be tested by scrutinizing its subject matter
categories of SM that can't be patented - ✔️✔️-Do not represent true inventions
-Mere ideas are not patentable (must be reduce to practice)
-Laws of nature, natural phenomena, mathematical formulas
-General biz concepts vs "methods" or "processes" are tricky --> taking patentable ideas and
saying "done by a computer" isn't enough
characteristics of patents - ✔️✔️novelty, non-obviousness, utility
novelty - ✔️✔️· Something new and different from the prior art
· Cannot have been published, sold, or put in public by inventor > 1 year before
non-obviousness - ✔️✔️· Ability of an invention to produce surprising or unexpected results
· Brake lights under car= too obvious
utility - ✔️✔️· Must do something useful
· Things that don't work don't count
purpose of law (patent enforcement) - ✔️✔️To allow inventions in the public domain after the
limited period of legal property right
patent owners can sue... - ✔️✔️against infringement for injunction and damages
, KNOW THIS - ✔️✔️Inventions can cover methods and articles that can overlap
exploiting a patent - ✔️✔️-Right is to exclude from making using selling importing
-Depending on circumstances may be able to make it yourself (see overlapping rights)
-May want to license your invention to other(s)
overlapping rights - ✔️✔️· provide an opportunity for firms to purchase patent rights and sue
companies
patent trolls - ✔️✔️-companies that buy up other peoples' patents (intangible personal property)
-only want to sue people for violating that patent, even if it's your own patent
-Don't contribute much to innovation environment/add no value to economy
-Subject to fines if the claims of infringement (violation) are vague and unsupported
trademarks - ✔️✔️PRODUCTION MARKS FOR GOODS AND SERVICES; Marks on what is produced
to represent the origin of goods and services -> Recognizability of distinctiveness -> Protection
against confusion
Marks protected by Lanham Act of 1946 - ✔️✔️· Trademark: marks for goods
· Service mark: indicate origins of the services (Spotify, Facebook, Venture consulting, Rotten
Tomatoes)
· Certification mark: company that certifies someone else's things [ex. Better Business Bureau]
· Collective mark: groups coming together (NFL, NHL)
· Trade dress: the layout, color, vibes [ex. Target]
trademark registration - ✔️✔️· Use of the mark conveys some rights
· Extra rights require registration with PTO - must be used on interstate commerce
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