Understanding Patents: Types and Requisites

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Questions and Answers

What is the main purpose of a patent?

  • To limit the inventor's rights over the invention
  • To share the invention with the public for free
  • To exclude others from making, using, or selling the invention (correct)
  • To promote competition among inventors

Which of the following is a requisite for a Design Patent?

  • Novelty and Industrial Applicability
  • Novelty and Ornamentality (correct)
  • Novelty and Inventive Step
  • Inventive Step and Industrial Applicability

What type of inventions are considered non-patentable?

  • Discoveries and scientific theories (correct)
  • Micro-organisms and microbiological processes
  • Methods for treatment of human body by surgery or therapy
  • Products related to industrial applicability

In order for an invention to be patentable, it must involve ___.

<p>An inventive step (D)</p> Signup and view all the answers

Which of the following is explicitly excluded from patent protection?

<p>Methods for treatment of the human body by surgery or therapy (B)</p> Signup and view all the answers

What types of processes are exempted from non-patentable inventions regarding plant varieties or animal breeds?

<p>Essentially biological processes (D)</p> Signup and view all the answers

Who can disclose information without prejudicing the novelty of a patent application?

<p>A third party obtaining information from the inventor without consent (A)</p> Signup and view all the answers

What is required for an invention to have an inventive step?

<p>Not obvious to a skilled person in the field (A)</p> Signup and view all the answers

When can the disclosure of information in a patent application prejudice the applicant?

<p>When disclosed by the inventor (C)</p> Signup and view all the answers

What type of invention is considered industrially applicable?

<p>Capable of being used in any industry (D)</p> Signup and view all the answers

What does it mean for an invention to lack novelty?

<p>It has not been disclosed prior to the filing date (C)</p> Signup and view all the answers

Who can make a disclosure of information that would not affect the novelty of a patent application?

<p>A third party obtaining information from the inventor without consent (A)</p> Signup and view all the answers

Who owns the patent if a person commissions the work?

<p>The person who commissions the work (D)</p> Signup and view all the answers

Under what condition does the patent belong to the employee when the invention is made during employment?

<p>If the employee uses the time, facilities, and materials of the employer (A)</p> Signup and view all the answers

What happens if a patent is granted within 1 year of its publication?

<p>The inventor can be substituted as patentee or seek cancellation of the patent (A)</p> Signup and view all the answers

When does the filing date of a new patent application retroact to?

<p>The original filing date (D)</p> Signup and view all the answers

What is different about copyright ownership compared to patent ownership when work is commissioned?

<p>Copyright belongs to the author, while the patent belongs to the employer (D)</p> Signup and view all the answers

What is the term of a patent from its filing date?

<p>20 years from filing date (D)</p> Signup and view all the answers

What exclusive right does a patent confer when the subject matter is a product?

<p>To restrict any unauthorized person from using, selling, or importing the product (D)</p> Signup and view all the answers

When is the owner of a patent not able to prevent third parties from performing certain acts?

<p>When the act involves making or using the invention exclusively for experiments (A)</p> Signup and view all the answers

Which of the following is NOT a limitation of patent rights for the owner?

<p>Preventing third parties from using a patented process exclusively for experiments (B)</p> Signup and view all the answers

What is a scenario where the owner of a patent cannot prevent others from using a patented product?

<p>When the product is put on the market with the owner's consent (A)</p> Signup and view all the answers

What does a patent owner have the right to assign or transfer?

<p>The patent itself (D)</p> Signup and view all the answers

Under what circumstances can third parties use a patented product without authorization?

<p>When preparing medicine in accordance with medical prescriptions (B)</p> Signup and view all the answers

What rights does a prior user have in relation to an invention?

<p>The right to continue using the invention in accordance with prior preparations. (B)</p> Signup and view all the answers

Under what circumstances can a government agency exploit an invention without the patent owner's agreement?

<p>When it is in the public interest, such as national security or health needs. (B)</p> Signup and view all the answers

What constitutes patent infringement according to the text?

<p>Selling a product obtained indirectly from a patented process. (B)</p> Signup and view all the answers

Which entity can determine that the manner of exploitation by the patent owner is anti-competitive?

<p>A judicial or administrative body. (A)</p> Signup and view all the answers

Can a prior user transfer their rights to use an invention separately from their business?

<p>No, their rights are tied to their enterprise or business. (A)</p> Signup and view all the answers

What specific qualifications must a prior user meet to have rights in relation to an invention?

<p>They must be using or preparing to use the invention in good faith before the filing date of the patent application. (C)</p> Signup and view all the answers

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