Patent Law Overview

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Questions and Answers

What must prior art demonstrate to be considered analogous to a claimed invention?

It must be from a different field of endeavor.

It must be from the same field of endeavor or relevant to the problem. (correct)

It must teach the exact claimed invention.

It must address the same problem as the claim.

Under what condition can a claim be deemed obvious according to 35 USC § 103?

If the claimed invention is a mere modification of existing inventions.

If the prior art has historical significance.

If the prior art suggests or teaches the claimed invention. (correct)

If the prior art teaches completely different methods.

What aspect can weaken a prima facie case of obviousness?

The existence of similar inventions in the same field.

Prior art that teaches away from the desired result. (correct)

The general availability of the invention.

The inventor's public acknowledgment of other attempts.

In the case of Kimberly-Clark v. J&J, what was established about non-public work by another inventor?

It must be publicly disclosed to impact the claimed invention. Signup and view all the answers

What is necessary for the practical feasibility of an invention to be established?

Specific guidance on producing the exact claimed invention must be present. Signup and view all the answers

Which of the following is necessary for an invention to be considered prior art under 102(g)?

Fully realized and functional Signup and view all the answers

What was the primary reason C's patent was deemed valid?

He filed before R’s invention was completed Signup and view all the answers

What must a claimed invention demonstrate to achieve patentability, according to Great A & P Tea v. Supermarket Equipment Corp?

It must exhibit some level of inventiveness Signup and view all the answers

The TSM test is used to evaluate what aspect of a claimed invention?

The obviousness of the invention Signup and view all the answers

Which of the following is NOT one of the factors considered in the TSM test?

Innovation type Signup and view all the answers

In the context of patent claims, what is a key element that makes an invention not obvious?

Reaching an unexpected result that surprises skilled individuals Signup and view all the answers

According to Markman v. Westview, who is better suited to interpret terms of art in patent cases?

Judges familiar with legal documents Signup and view all the answers

What is the purpose of a Markman Hearing?

To clarify the meaning of disputed words in a patent claim. Signup and view all the answers

Under which condition does Amendment VII ensure the right of trial by jury?

In cases where the value in controversy exceeds twenty dollars. Signup and view all the answers

What must be present for a party to be liable for Direct Infringement?

All elements of the claim must be performed or controlled by the infringing party. Signup and view all the answers

What does the term 'Joint/Divided Infringement' refer to?

When a single party performs part of the claim and another completes it. Signup and view all the answers

According to the case Chef America v. Lamb Weston, how should claims be construed?

According to the plain and ordinary meaning of the terms. Signup and view all the answers

What is a Declaratory Judgment in the context of patent law?

A binding judgment defining the legal relationship between parties. Signup and view all the answers

Which of the following describes the liability for infringement under 35 USC 271?

Any unauthorized making, using, offering to sell, or selling of a patented invention. Signup and view all the answers

What consequence arises if the reasonable construction of a patent claim leads to a nonsensical result?

The court can reinterpret the claim language. Signup and view all the answers

What is required for a party to actively induce infringement of a patent?

Providing guidelines to another party on how to infringe. Signup and view all the answers

What criteria must be met for factual compilations to be eligible for copyright protection?

The selection, arrangement, and coordination of facts must be original. Signup and view all the answers

In the Star Athletica v. Varsity Brands case, what is necessary for a design on a uniform to be copyrightable?

The design must be capable of existing separately from the useful article. Signup and view all the answers

What aspect made the menu command hierarchy in Lotus v. Borland uncopyrightable?

It was considered a method of operation. Signup and view all the answers

Which of the following elements must a plaintiff prove to establish copyright infringement?

Ownership of a valid copyright. Signup and view all the answers

Under 17 USC § 102 (B), which of these is not protected by copyright?

A series of mathematical equations. Signup and view all the answers

What type of works are included under the definitions of 'pictorial, graphic, and sculptural works' in 17 USC § 101?

2D and 3D works including prints and maps. Signup and view all the answers

What is a requirement for a piece of artwork or design to exist independently from its useful article, according to the two-part test established by the Supreme Court?

It can be recreated in other media. Signup and view all the answers

What must the jury decide in determining copyright eligibility for a work?

If the work exhibits a minimal degree of creativity. Signup and view all the answers

Which of the following is not an example of a work that could be copyrightable?

A fashion trend inspired by historical motifs. Signup and view all the answers

Study Notes

Patents

Patents protect the holder by allowing them to exclude others from making, using, selling, offering to sell, and importing the patented invention.
A patent typically lasts for approximately 20 years after the patent application date.
Patents have three main components: description, figures, and claims.
- The description explains the invention.
- The figures show the invention.
- The claims define what the invention covers, and are crucial for determining whether something infringes on the patent.

Patent Prosecution

Patent prosecution involves the interaction between a patent application and the USPTO (U.S. Patent and Trademark Office) before a patent is issued or abandoned.
The process often involves multiple rounds of argument and claim amendments.

35 U.S. Code § 102

A patent may not be granted if the claimed invention was previously patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
If an invention is used or sold publicly before the patent application, the inventor loses the right to a patent.

City of Elizabeth v. American Nicholson Pavement Co.

If an invention is placed in public use for more than two years, the inventor has abandoned the right to a patent.
A patent is still valid even if the invention was used for experimentation and testing purposes.

Diamond v. Chakrabarty

A man-made organism is patentable subject matter.

Mayo Collaborative Servs. v. Prometheus Labs., Inc.

A natural law or phenomenon must be sufficiently added upon or transformed to be patentable.

Bilski v. Kappos

A method for protecting risk in purchase of energy commodities is not patentable.
The machine-or-transformation test is an additional tool for determining patent eligibility of a process.

Alice v. CLS Bank

A claim that involves an abstract idea is patentable only if it significantly modifies the idea for a new end.
Claims that simply add a computer component to a pre-existing idea are not significant enough for patentability.

Patent Term Effective June 8, 1995; America Invents Act

The patent term for applications filed before June 8, 1995 may be greater than 20 years depending on grant date.
Applications filed after June 8, 1995 have a fixed 20-year term from the filing date.
Prior to the America Invents Act, the first inventor, not the first filer, received the patent.
The America Invents Act changed this to the first filer receiving the patent.

Brenner v. Manson

A claimed process is not patentable if it does not provide a present, specific benefit for society.

In re Fisher

A claimed invention must exhibit a significant, presently available, well-defined, and particular benefit to the public.
Speculative uses are not enough for patentability

In re Clay

Prior art is considered analogous if it is from the same field of endeavor, regardless of the problem being addressed.
If prior art isn't in the same field of endeavor, it must still be relevant to the inventor's problem.

Kimberly-Clark v. Johnson & Johnson

The inventor's knowledge of another inventor's non-public work does not automatically make it prior art.
The work must be fully realized and functional.

Great A&P Tea Co. v. Supermarket Equipment Corp

Mere extension of an existing element in a product is unlikely to be considered a patentable invention.
A new invention must provide an improvement that rises above the current state of the art.

KSR v. Teleflex

A claimed invention is obvious if a skilled person would predict it based on prior art principles. Combining known elements often does not constitute an invention.

Alice Corp. Pty. Ltd. v. CLS Bank International

The Supreme Court refined how patent law interprets claims related to abstract ideas.

Trade Secrets

Trade secrets are confidential information that has economic value and is kept secret by the owner.
They can be protected by state and federal (e.g., Defend Trade Secrets Act of 2016 laws).

Copyright

Copyright protects original works of authorship that are fixed in a tangible medium of expression.
The copyright is generally granted automatically to the creator upon creation of the work.
Copyright protection generally lasts for life of the author plus 70 years.
Copyright holders have exclusive rights to reproduce, distribute, display, and create derivative works of the protected material.
Fair use allows limited use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Trademark

A trademark is a distinctive symbol, design, or phrase, legally registered to represent a brand and distinguish it from others.
Trademarks protect the source of products from confusion.
A trademark can be a word, phrase, symbol, design or a combination.
Trademarks need to be used in commerce to qualify for protection. Not all trademarks are registered.
General terms cannot be trademarks (e.g., "pencil" or "car”).

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Description

This quiz covers the fundamentals of patent law, including the definition and components of patents, the patent prosecution process, and key statutes like 35 U.S. Code § 102. Test your knowledge on how patents protect inventions and the legal procedures involved in obtaining a patent.