Uspto - Study guides, Class notes & Summaries

Which of the following practices or procedures may be properly employed to overcome a rejection properly based only on AIA 35 USC 102(a)(2)? A. Persuasively arguing that the claims are patentably distinguishable from the prior art. B. Filing an affidavit or declaration under 37 CFR 1.130 showing that the reference invention is not by "another." C. Filing an affidavit or declaration under 37 CFR 1.130 showing common ownership if the reference is not a U.S. patent that either claims the sam...

Pre-AIA 102(a) correct answers "before the date of the invention by another: - invention was known/used in USA - patented anywhere - published anywhere" Pre-AIA 102(b) correct answers "More than 1 year prior to filing: - printed patent or publication anywhere - public use --> experimental exception if necessary to perfect invention, market research is not experimentation - sale / offer for sale in USA --> sale/offer was no experimental, and invention is ready for patenting; sa...

Generally, one cannot patent an insignificant or trivial alteration of something already known. correct answers True To be patentable, an invention must result from a "flash of genius" or an inventor's "aha!" moment. correct answers False Just as trademark rights arise from use, so do patent rights. correct answers False An invention for a design whose purpose is entirely functional cannot be patented. correct answers False Alex has changed the size of a computer screen by one-e...

Marketing - the process of developing, promoting, and distributing products, or goods and services, to satisfy customers needs and wants marketing concept - idea that organizations need to satisfy their customers while also trying to reach their organizations goals market - potential customers with shared needs who have to desire and ability to buy a product needs - a lack of basic necessities, such as food, clothing, or shelter wants - things that people desire based on personality, exper...

All forms of intellectual property must be protected by registration with a federal agency or they cannot be protected. correct answers FALSE Copyright protection is available only for serious works of literature. correct answers FALSE Most trademark and patent applications are filed electronically. correct answers TRUE Trade secrets can last forever if they are properly protected. correct answers True Just as trademark rights can arise from use of a mark (without the need for federa...

Trademark Definition correct answers a name, symbol, or other device identifying a product. What do trademarks do? correct answers These marks give owner exclusionary rights and allow them to control usage of a particular mark What does filing with the USPTO give you? correct answers National protection Besides filing the TM, what is the other way of registering it? correct answers Using it in commerce--common law applies to wherever you use the mark. What is a copyright? correct ans...

FSU CIS 3250 Exam 2 Gann Chp 6 - 10 | Questions and Correct Solutions 2024 The fair use doctrine denies portions of patented materials to be used without permission under any circumstance. - Answer -False Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? - Answer -Software Patent Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? - Answer -Priorit...

1. 4.00.a.6. Which of the following statements is true regarding a product-by-process claim? (A) Product-by-process claims cannot vary in scope from each other. (B) Product-by-process claims may only be used in chemical cases. (C) A lesser burden of proof may be required to make out a case of prima facie obviousness for product-by-process claims than is required to make out a prima facie case of obviousness when the product is claimed in the conventional fashion. (D) It is proper to use produ...

BUSI 301 Exam 1The U.S Patent and Trademark Office (USPTO) has granted protection to trade dress characteristics so long as the mark holder proves that the trade dress provides an exclusive link to the source product in the consumer's mind. - correct answer True In a trademark infringement claim, evidence of consumer confusion is not necessary in order for the mark holder to prevail and prevent another from using the holder's mark. - correct answer False Courts are reluctant to allow fai...

The fair use doctrine denies portions of patented materials to be used without permission under any circumstance. - False Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? - Software Patent Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? - Prioritizing Resources and Organization for Intellectual Property (PROIP) Act A patent is a grant of a prop...