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LEGL 2700 UGA test 3.
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LEGL 2700 UGA test 3.
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LEGL 2700 UGA test 3intellectual property - correct answer-a type of property in information and its application or
expression (patents and copyrights)
4 components of intellectual property - correct answer-justification, competition, importance,
capturing
How to establish the existence of a trade secret - correct answer-1. conduct a trade secret
audit to identify confidential know-ledge based resources
2. preserve secrecy
Al Minor & Associates, inc. V. Martin - correct answer-- a client list can serve as a trade
secret because it provides value to the owner
- the court found that *even information that was memorized and not written down can be
subject to trade secret protection*
- all information used within a company is not necessarily a trade secret
misappropraition - correct answer-when one improperly acquires secret information through
burglary, espionage, or computer hacking (independent creation & reverse engineering are
exempt)
patent - correct answer-the right to exclude others from making, ,using selling, or importing a
covered invention
utility patent - correct answer-new, non-obvious, useful processes, machines, improvements
-20 years from filing date
design patent - correct answer-new, original & ornamental design for an article of
manufacture
-14 years from issue date
plant patent - correct answer-new variety of plant that can be reproduced asexually
-20 years from filing date
steps to obtaining a patent - correct answer-1. file application
2. filing fee
3. explain invention
4. show difference from prior art
5. describe patentable aspects
6. evaluation by patent examiner
Association for Molecular Pathology V. Myriad Genetics, Inc. - correct answer-- the court
determined that naturally occurring sequences of DNA isolated from the human body are not
patent eligible
-non naturally occurring or manufactured DNA sequences can be patented
, - the court's decision retroactively affects existing patent claims covering natural DNA - now
they are invalid
novelty - correct answer-new and different from prior art
non-obviousness - correct answer-ability of an invention to produce surprising or unexpected
results
utility - correct answer-must be useful
Patent enforcement - correct answer--patent owner can sue against infringement for
injunction and damage
-invention can cover methods & articles that can overlap
-overlapping rights provide an opportunity for firms to purchase patents rights & sue
companies (patent trolls)
patent trolls - correct answer-a firm or individual that produces no products or services and
owns patents only to obtain licensing fees from other firms
University of Wisconsin v. Apple - correct answer-?????
trademark - correct answer-marks on what is produced to represent the origin of goods and
services
marks protected by the Lanham Act of 1946 - correct answer-trademark, service mark,
collective mark, certification mark, trade dress
service mark - correct answer-mark associated with a service
collective mark - correct answer-mark representing membership in an organization (NFL)
certification mark - correct answer-mark used by someone other than the owner to certify the
quality
trade dress - correct answer-the color or shape associated with a product or service (tiffany
blue box)
Usage of a trademark in ___________ is required for registration with the PTO. - correct
answer-Interstate commerce
trademark registration - correct answer--interstate commerce of a trademark is required
-PTO places the mark in the official gazette
-registered of the principal register if the mark is acceptable
-if listed on the supplemental register for 5 years & acquires a secondary meaning, a name
or descriptive term can acquire full trademark status
The PTO will deny registration in the following circumstances: - correct answer--if the mark is
the same or similar to a current mark
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