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LEGL 2700 Test 3 Epstein UGA Exam Questions And Correct Answers

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LEGL 2700 Test 3 Epstein UGA Exam Questions And Correct Answers...

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  • November 7, 2024
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  • LEGL 2700 Epstein UGA
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LEGL 2700 Test 3 Epstein UGA Exam Questions And
Correct Answers


America Invents Act 2011 - ANSWER · From first-inventor-to-invent system to
first-inventor-to-file system

· Before the Act has been passed, the Us was a first to invent country



subject matter - ANSWER Validity of a patent can be tested by scrutinizing its subject
matter

Categories of SM that can't be patented - ANSWER -Do not represent true inventions

-Mere ideas are not patentable (must be reduce to practice)

-Laws of nature, natural phenomena, mathematical formulas

-General biz concepts vs "methods" or "processes" are tricky --> taking patentable
ideas and saying "done by a computer" isn't enough



characteristics of patents - ANSWER novelty, non-obviousness, utility



novelty - ANSWER · Something new and different from the prior art

· Cannot have been published, sold, or put in public by inventor > 1 year before



non-obviousness - ANSWER · Ability of an invention to produce surprising or unexpected
results

· Brake lights under car= too obvious



utility - ANSWER · Must do something useful

· Things that don't work don't count

,purpose of law (patent enforcement) - ANSWER To allow inventions in the public domain
after the limited period of legal property right



patent owners can sue. - ANSWER against infringement for injunction and damages



KNOW THIS - ANSWER Inventions can cover methods and articles that can overlap



exploiting a patent - ANSWER -Right is to exclude from making and using and selling and
importing

-Depending on circumstances may be able to make it yourself (see overlapping rights)

-May want to license your invention to other(s)



overlapping rights - ANSWER · provide an opportunity for firms to purchase patent
rights and sue companies



patent trolls - ANSWER -companies that buy up other peoples' patents (intangible
personal property)

-only want to sue people for infringing on that patent, even if the patent was yours

-Do very little, if anything, to create an atmosphere of innovation/do not add to the
economy at all

-May be fined if not making clear and substantiating claims of infringement/violation



trademarks-ANXM PRODUCTION MARKS FOR GOODS AND SERVICES; Marks on what
is produced to represent the origin of goods and services -> Recognizability of
distinctiveness -> Protection against confusion



Lanham Act of 1946 - protected marks ANSWER · Trademark: marks for goods

· Service mark: indicate origins of the services Spotify, Facebook, Venture consulting,
Rotten Tomatoes

· Certification mark: company that certifies someone else's things [ex. Better Business

, Bureau]

· Collective mark: groups coming together NFL, NHL

· Trade dress: the layout, color, vibes [ex. Target]



trademark registration ANSWER · Use of the mark conveys some rights

• Extra rights by registering with PTO-must be utilized in interstate commerce

• Mark needs to be distinctive-meaning to people/ real thing

• PTO places the mark in the official Gazette

• On Principal Register if mark is acceptable (Must renew every 10 yrs, lasts forever)

• Provide complete trademark protection of a name or descriptive word (To appear on
the Supplemental Register for 5 years and to obtain a secondary meaning)

• TM or SM before federal registration; NOT REQUIRED TO REGISTER; once registered,
you may use ®

strenghts of marks - QUESTION · Fanciful marks -> invented words (Exxon)

Arbitrary Marks -> Normal words but used in different way Apple, Amazon Suggestive
Marks -> Hint at what it is Netflix, Airbus Descriptive Marks -> Describes good or service
cold and creamy ice cream -can develop secondary meaning Generic Terms -> Common
name of product or service Clock



infringement (trademark) - ANSWER civil violation of a trademark; Remedies include
damages and injunctions and orders to destroy infringing products; Manufacturing and
trafficking counterfeit trademarked products is a criminal violation

generic marks - ANSWER can lose protection (genericized); aspirin

defenses for marks - ANSWER -We're not using your mark

-Never should have had valid TM to begin with; "generic"; "without secondary meaning"

-Our service isn't associated with your service

-Fair use -> Discussion, criticism, parody, comparison advertising (have to show study
info)

-Blurring

-Tarnishment

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