Patent Law and Business Methods Quiz

Business methods can be patentable in Canada under certain conditions.

A patentable invention falls within invention categories, such as art (new and inventive methods that produce a useful result).

Amazon sought a patent for a 'one-click' online purchasing system.

The office rejected Amazon's patent application, claiming the method was a business method and not patentable as "art".

The Federal Court ruled that business methods are patentable if they meet certain criteria.

The subject matter must not be an abstract idea; must be a novel and inventive method that has a practical application; and the invention must effectively achieve a useful result.

This Supreme Court of Canada decision influenced the Federal Court's judgment, providing a standard for assessing patentable 'art' in business methods.

Generally, employees own inventions created during employment unless specifically hired for the invention or have a contract stating otherwise.

A patent application has "specifications" (how to use the invention) and "claims" (what others can't do).

The invention must have a demonstrated utility in the marketplace or a commercial value to satisfy "commercially useful result" criteria.

Details how to use or build an invention after patent expires. Describes the function and construction of an invention.

Defines the exclusive rights of the patent holder, listing what others cannot do before patent expires.

Procedure performed by the Canadian Intellectual Property Office to ensure the invention is novel and complies with the patent act.

The official grant of patent rights upon successful examination and payment of fees.

Marking manufactured goods with "patented" and patent number; while not mandatory, it legally notifies others and reduces infringement.

A term used on products to indicate that a patent application has been filed, but not yet issued.

The malicious practice of registering a trademark or trade name of another as a domain name to sell it back to the rightful owner.

To register a trademark, you must own it, prove its distinctiveness, and show its registrability.

Trademark ownership is established by use, formal application, or public knowledge in Canada.

A trademark is considered in use if it's on the goods or packaging during a business transaction.

A trademark is in use if it's displayed or used in the advertising or performance of a service.

Trademarks can be registered based on planned future use instead of current use.

If a registered trademark isn't used within three years, it can be cancelled.

A trademark can be registered even if not in use in Canada, as long as it's well known there.

A patent grants the inventor exclusive rights to make, sell, or use their invention for 20 years, requiring appropriate maintenance fees.

Patents are national; a patent only grants rights in the country where it is granted.

A notice alerting that a patent may be granted, potentially leading to infringement damages.

An employee's invention belongs to their employer if the invention was developed during employment, and the employer has a patent application filed or if there's a confidentiality agreement in place

An invention must be new, useful, and non-obvious to be patentable.

The appearance of mass-produced (more than 50) useful articles is protected by industrial design rights.

A design feature like shape, configuration, pattern, or ornament in an article that appeals only visually.

Obtaining a patent involves significant costs and time commitment.

Works integrating text, graphics, images, sound, music, animation, or video, allowing user interaction.

Granting permission to use intellectual property, often through ownership transfer or license agreements.

Licensing requirement imposed by a governing body, as opposed to negotiation.

Instances where a patent holder's actions negatively impact the market or public interest, e.g., refusing reasonable licenses.

Active measures to safeguard a company's intellectual property assets similar to securing physical assets.

Intellectual property rights, like patents, might be lost if not properly managed or used.

A license's validity and ability to be upheld in a court of law; proper licensing process is crucial.

Important for maintaining license validity; issues/delays may result in losing license.

A trademark can be lost due to non-use, abandonment, or losing its distinctiveness when it becomes a generic term used by everyone.

A trademark that has lost its distinctiveness and become a common term for a product or service, losing its protection.

Confidential business information is lost if it is disclosed to others, so businesses must be vigilant about protecting it.

Securing confidential information involves restricting access, implementing physical security measures, and using confidentiality agreements.

A patent can be revoked if the invention is not used within a specified time or if it is found to be invalid.

Insufficient marking of goods can significantly reduce industrial design protection.

A defense against infringement claims is available if proper notice of the trademark or design right is not used.

A patent holder may be required to sufficiently produce the patented product to meet demand, or face consequences.

An invention must meet three criteria to be eligible for patent protection: novelty, utility, and non-obviousness.

An invention is novel if it has not been disclosed publicly before filing for a patent.

Any public release of an invention, like displaying it at a trade show or advertising it, can make it ineligible for a patent.

An invention must solve a real-world problem and actually work. It needs practical use, not just being a cool idea.

The invention must be inventive, meaning it's not simply an obvious improvement to existing technology.

There's a one-year period before filing a patent where an inventor can disclose their invention without losing their patent rights.

A patent agent is a professional who helps inventors navigate the patent process, searching relevant literature to assess if an invention is novel.

An invention must have practical use and a potential for commercial success, even if it's not already profitable.

An organization that manages and issues domain names, like .com or .ca, for a fee.

The Internet Corporation for Assigned Names and Numbers, a non-profit organization overseeing most domain names globally.

Domain names specific to a country, like .ca for Canada, managed by national authorities, not ICANN.

Processes to resolve conflicts when domain names conflict with trademarks.

Registering a domain name with the intention of exploiting another's trademark.

Using a protected trademark without permission, such as registering a domain name containing it.

Transferring ownership of a domain name to a different party.

A statement on a work that identifies the copyright owner and year of publication, typically using the © symbol.

The legal right to control the use of a creative work; typically belongs to the creator, unless there's an agreement stating otherwise.

Copyright protection lasts for the lifetime of the author plus 70 years.

The right to make copies of a copyrighted work or a significant part of it.

The right to perform a copyrighted work publicly, like in a concert or play.

The right to release a copyrighted work to the public for the first time.

Using someone else's copyrighted work without permission.

The copyright owner's ability to grant permission for others to use their work in specific ways.

A legal exception to copyright that allows limited use of copyrighted work for specific purposes (like criticism or review).

Rights of the creator of a work to control how it is used and to be acknowledged as its creator.

A significant portion of a copyrighted work that would be noticeable if missing.

Using short clips from a film in a documentary can be considered fair dealing if it's for critical analysis or reporting.

Using copyrighted material in news reporting can be considered fair dealing, especially if it's about a significant cultural event.

Something that becomes widely popular and a topic of discussion in society.

A court order that stops someone from doing something, like preventing a film's release.

Once confidential information like a recipe becomes widely known in an industry, it loses its legal protection.

IP rights are legal protections for creations of the mind, like inventions, literary and artistic works, designs, and symbols.

Transferring ownership of IP rights from one person to another completely.

Granting permission to use someone else's IP for a specific purpose and timeframe.

A well-planned IP program helps a business identify, protect, and exploit its valuable intellectual assets.

Businesses can profit from their IP through licensing, assignment, or other means.

New technology can complicate the process of assigning or licensing intellectual property.

Information that gives a business a competitive edge, such as trade secrets, customer lists, or formulas. This information is protected from unauthorized disclosure.

Confidential business information that provides a competitive advantage is protected indefinitely, as long as it remains undisclosed to the public.

Confidential business information is protected through legal claims for breach of contract, breach of confidence, and criminal misappropriation.

Contracts that require recipients of confidential information to keep it secret and not use it for their own benefit.

An obligation to keep information confidential even without an express contract, often arising in employment or fiduciary relationships.

Even in the absence of an express contract, an obligation of confidence can arise when information is shared in circumstances that imply confidentiality.

Criminal penalties, including imprisonment, apply to those who knowingly misappropriate trade secrets through deceit or fraud.

Legal actions for breach of contract or breach of confidence can be used to seek redress for the unauthorized use of confidential business information or trade secrets.

Inventions are patentable, while discoveries like scientific principles, natural phenomena, or abstract theorems are not.

Certain things are deemed not patentable for policy reasons. Examples include methods of medical or surgical treatment, illicit objects, and historically, business methods.

While traditionally not patentable, recent Canadian legal decisions suggest that business methods can be patented if they meet certain criteria.

To be patentable, a business method must be novel, inventive, useful, and have a tangible practical application. It must effectively produce a useful result.

Surgical techniques are generally not patentable due to policy reasons. They are considered methods of medical treatment, which are typically excluded from patent protection.

Even if a surgical technique is innovative and life-saving, it is unlikely to be granted a patent due to policy reasons.

Dr. Martin's application to patent his new surgical technique will likely be denied. The patent application will likely be denied due to policy reasons.

A patent application can be denied when the subject matter falls under a policy exclusion, regardless of the novelty or usefulness of the innovation.

The owner gets the exclusive right to make, import, or sell articles using the registered design, preventing competitors from using confusingly similar designs. It lasts for the later of 10 years from registration or 15 years after filing.

While not mandatory, marking the product with a circled capital 'D' (Ⓓ) and the owner's name enhances the owner's rights in case of infringement, potentially leading to monetary damages.

It's a sign or combination of signs used to distinguish someone's products or services, indicating their source or origin.

Trademarks encompass various forms, including words (e.g., Exxon), phrases (e.g., Shake 'n Bake), logos, and slogans.

A trademark can be registered based on planned future use, even if it's not currently in use. However, if not used within three years, it can be cancelled.

An invention must involve a novel and non-obvious improvement over existing technology. It must be more than just an obvious next step in the field.

Determining if an invention is a simple and obvious modification of existing technology, which would make it ineligible for a patent.

The existing body of knowledge and technology in a particular field, used to assess if a new invention is truly novel and non-obvious.

The patent system where the first person to file an application for an invention, not necessarily the first inventor, has priority rights.

A professional who searches existing literature and provides an opinion on the novelty and obviousness of an invention, assisting inventors during the patenting process.

A patent grants exclusive rights to make, sell, or use an invention for 20 years from the date of application, subject to maintenance fees.

Copyright protects original works of authorship, including literary, dramatic, musical, and artistic works, as well as certain other intellectual creations.

Copyright protects a wide range of works, including paintings, drawings, photographs, sculptures, musical compositions, literary works, and computer programs.

For a work to be protected by copyright, it must be original, meaning it must not be copied from another work and must involve the author's own skill and judgment.

For a work to be protected by copyright, it must be fixed in a tangible form, meaning it must be written down, recorded, or otherwise made permanent.

Copyright protection arises automatically upon creation of an original work, without any formal registration required.

While not legally required in Canada, registering your copyright provides evidentiary advantage, creating a presumption of ownership.

Moral rights are the rights of the creator of a work to control how it is used and be acknowledged as the creator.

Fair dealing is a legal exception to copyright that allows limited use of copyrighted work for specific purposes, such as criticism, review, or news reporting.

A trademark is a symbol, design, or phrase legally registered to represent a company or product, preventing others from using it.

The band's song title and name are associated with their music. Mill Street Brewery's use of "100th Meridian" may confuse customers into thinking there's a connection between the beer and the band.

The Hip claims Mill Street's use of "100th Meridian" beer creates confusion, as the beer is marketed with references to the band. They argue this infringes their trademarks.

Mill Street's actions may lead consumers to believe there's a connection between their beer and the band, which is not true. This harms the band's reputation, and they could lose potential sponsorships.

A legal process where a company formally registers their trademark with an authority, like the Canadian Intellectual Property Office. This gives them exclusive rights to use it.

Even without registration, trademark rights can exist under common law in some cases, based on use and public perception. However, this protection is weaker.

It refers to information that's not publicly known and gives a business a competitive advantage, such as a secret formula or customer list. It's protected under law.

This is a Canadian law that outlines how trademarks are registered, protected, and enforced in Canada. It helps ensure fair use of trademarks in business.

A legal violation where confidential information is disclosed or misused without permission, causing harm to the party who shared it.

Three conditions must be met to prove a breach of confidence: the information was confidential, shared under a duty of confidentiality, and misused by the recipient.

Confidential information loses its protection if it becomes publicly known, either through disclosure, independent discovery, or reverse engineering.

Information that is part of an employee's general knowledge or expertise gained through work; not considered confidential.

Courts balance protecting employer information with an employee's right to use skills and knowledge gained during employment.

A business arrangement where two or more parties collaborate for a specific project, sharing risks and profits.

When parties share information, they may implicitly agree that it's confidential, even without a formal agreement.

LAC used information obtained from Corona to gain an advantage, acquiring property at Corona's expense.

To be eligible for copyright protection, a work must be original, meaning it must be created independently by the author, not copied from another source, and involve a degree of skill and judgment.

Copyright protection requires that the work be fixed in a tangible form, such as on paper or digitally.

While optional, registering a work provides evidentiary advantages, including a presumption of ownership.

Marking a work with the copyright symbol (©), the author's name, and the year of creation is optional but may help deter infringement.

Facts, names, slogans, short phrases, and most titles are generally not protected by copyright.

Copyright protection in Canada lasts for the life of the author plus 70 years.

Intangible assets like inventions, designs, and creative works protected by law. These assets provide creators with exclusive rights to use and profit from their creations.

Legal protection granted to inventors for their inventions, allowing them exclusive rights to use, sell, or make the invention for a specific period.

Legal protection for original works of authorship, like books, music, and software, giving the creator exclusive rights to control their use.

Confidential information that gives a business a competitive edge, like formulas, customer lists, or manufacturing processes. It's protected indefinitely as long as it remains undisclosed.

Using someone else's intellectual property without permission, violating their exclusive rights, like copying a song or using a trademark without authorization.

Granting permission to use someone else's intellectual property for a specific purpose and timeframe, often involving fees or royalties.

Changing an artwork in a way that negatively impacts its original meaning or the artist's reputation.

Damaging an author's good name or standing by using their work in a way they find offensive.

A legal exception allowing limited use of copyrighted material for purposes like research, criticism, or education.

The legal standard for fair dealing requires a broad and liberal interpretation of what constitutes 'research'.

An exception to copyright infringement that allows copying for personal use, not for commercial gains.

A landmark case where a sculptor sued a shopping mall for adding decorations to his sculpture, arguing his moral rights were violated.

Specific provisions in copyright law that allow certain uses of copyrighted works without permission, like for educational purposes or libraries.

A film or other work that gains a devoted following despite initially receiving poor reviews or failing commercially.

A non-fiction film that explores a particular subject, often using interviews, archival footage, and narration.

A method of raising funds for projects by collecting small contributions from a large number of people, often via online platforms.

A loyal and enthusiastic group of fans who are devoted to a particular person, work, or idea.

A film that does not perform well financially, failing to make enough money to cover its production costs.

A well-known person who attracts public attention and interest.