Understanding Patents: Types and Requisites

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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 ___.

An inventive step Signup and view all the answers

Which of the following is explicitly excluded from patent protection?

Methods for treatment of the human body by surgery or therapy Signup and view all the answers

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

Essentially biological processes Signup and view all the answers

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

A third party obtaining information from the inventor without consent Signup and view all the answers

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

Not obvious to a skilled person in the field Signup and view all the answers

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

When disclosed by the inventor Signup and view all the answers

What type of invention is considered industrially applicable?

Capable of being used in any industry Signup and view all the answers

What does it mean for an invention to lack novelty?

It has not been disclosed prior to the filing date Signup and view all the answers

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

A third party obtaining information from the inventor without consent Signup and view all the answers

Who owns the patent if a person commissions the work?

The person who commissions the work Signup and view all the answers

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

If the employee uses the time, facilities, and materials of the employer Signup and view all the answers

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

The inventor can be substituted as patentee or seek cancellation of the patent Signup and view all the answers

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

The original filing date Signup and view all the answers

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

Copyright belongs to the author, while the patent belongs to the employer Signup and view all the answers

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

20 years from filing date Signup and view all the answers

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

To restrict any unauthorized person from using, selling, or importing the product Signup and view all the answers

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

When the act involves making or using the invention exclusively for experiments Signup and view all the answers

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

Preventing third parties from using a patented process exclusively for experiments Signup and view all the answers

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

When the product is put on the market with the owner's consent Signup and view all the answers

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

The patent itself Signup and view all the answers

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

When preparing medicine in accordance with medical prescriptions Signup and view all the answers

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

The right to continue using the invention in accordance with prior preparations. Signup and view all the answers

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

When it is in the public interest, such as national security or health needs. Signup and view all the answers

What constitutes patent infringement according to the text?

Selling a product obtained indirectly from a patented process. Signup and view all the answers

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

A judicial or administrative body. Signup and view all the answers

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

No, their rights are tied to their enterprise or business. Signup and view all the answers

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

They must be using or preparing to use the invention in good faith before the filing date of the patent application. Signup and view all the answers