©THEBRIGHT EXAM SOLUTIONS
11/05/2024 1:06 AM
LEGL 2700 Hackleman Exam 3 Questions
With Correct Answers
Intellectual property - answer✔a product of the intellect, such as an expressed idea or concept, that has
commercial value
what article protects intellectual property? - answer✔article 1 section 8
justification - answer✔justifications are variously focused upon the activities of the creator of an
intangible asset, its would-be user, and the community in which the creator operates
importance - answer✔creates incentives by providing exclusivity
competition - answer✔property rights in information reduce competition temporarily that could
otherwise increase availability and keep prices low for consumers
capturing - answer✔once something is put into the public domain, one cannot apply for intellectual
property right to recapture
trade secret - answer✔any form of knowledge or information that has economic value from not being
generally known to others or readily ascertainable by proper means and has been the subject of
reasonable efforts by the owner to maintain secrecy
what are the characteristics of trade secrets? - answer✔economically valuable, don't have to be unique,
do not expire
to violate a trade secret, one must _____________ the information - answer✔misappropriate
Uniform Trade Secrets Act - answer✔adopted by the majority of states to protect trade secrets; need to
prove that there is a secret that had efforts of being kept and someone misappropriated and stole the
secret, need to prove that the secret was valuable to the business
T/F: a trade secret has to be unique to be protected - answer✔false
establishing the existence of a trade secret - answer✔conduct a trade secret audit to identify
confidential knowledge-based resources
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11/05/2024 1:06 AM
ways to preserve secrecy of a trade secret - answer✔lock written material, secure computer-stored
knowledge with firewalls and encryption, impose confidentiality restrictions, regulate visitors, ask
anyone involved with the secret to sign a nondisclosure agreement
T/F: trade secrets do not expire - answer✔true; they last until discovery or loss
Al Minor Associates vs. Martin - answer✔issue- Martin was an employer of the AMA and decided to
start his own business while still working there, when he left he used the same customer list as the
AMA; he memorized the list, he didn't print it
holding- the court held that there is no distinction between memorizing and printing out the list and
that Martin had violated keeping a trade secret
demonstrating misappropriation - answer✔occurs when one improperly acquires or discloses secret
information
___________ ________ and _______ ___________ are exempted when misappropriation is
demonstrated - answer✔independent creation and reverse engineering
independent creation - answer✔if two people came up with the same idea independently/ recreate the
same information that one considers to be a trade secret, it is not misappropriation
reverse engineering - answer✔looking at a product and figuring out how it works or how it is formulated
is not misappropriation only if it is not patented
T/F: innocently acquiring information is considered misappropriation of a trade secret - answer✔false
employee mobility and trade secrets - answer✔confidentiality contract forbids employees from
disclosing knowledge obtained in the workplace
T/F: employers can enforce agreements between former employees not to compete only when there is
a valid business purpose for the contract - answer✔true
Economic Espionage Act - answer✔considers stealing trade secrets a crime
examples of things companies with trade secrets may not allow - answer✔carry or use of cell phones
while on-premises, USB/flash media on-premises, personal or company assigned laptop computers,
ability to leave premises with any documentation obtained during meetings or notes derived during a
meeting
T/F: many times data must only be stored by human memory - answer✔true
document markings - answer✔documents generated should possess appropriate "markings" to imply
what is considered a trade secret or protected data
examples of document markings - answer✔slide contains proprietary data, not approved for public
release, for official use only, competition sensitive
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11/05/2024 1:06 AM
patent law - answer✔gives inventors the right to exclude others from making, using, or selling products
that infringe the patented invention for a period of time
patents are considered a _____ ________ for a period of time - answer✔legal monopoly
who grants patents? - answer✔US Patent and Trademark Office (PTO)
Congress sets a period of time on a patent in Article _ Section _ - answer✔Article 1 Section 8
utility patent - answer✔new, non-obvious useful process, machines, compositions of matter or
improvements thereoff
examples of utility patents - answer✔mousetrap, chemical formula, genetically modified seed
statute of limitations for utility patents - answer✔20 years from filing date
design patent - answer✔a new, original and ornamental design for an article of manufacture
statute of limitations for design patents - answer✔15 years from issue date
examples of design patents - answer✔shoe designs, phone shape, auto wheel shape
plant patent - answer✔new, variety of plant that can be reproduced asexually, very narrow patent
examples of plant patents - answer✔apple trees and rose bushes derived by cutting pieces of the stem
(not by germinating seeds)
statute of limitations on plant patents - answer✔20 years from filing date
steps to obtaining a patent - answer✔file an application, pay a filing fee, explain the invention, show
difference from prior art, describe patentable aspects, evaluation by a patent examiner at PTO
Association for Molecular Pathology vs. Myriad Genetics - answer✔issue- Myriad Genetics tried to apply
for a patent to exclude others from extracting Bracca 1, and AMP objects that the patent was a naturally
occurring DNA sequence
holding- Myriad did not invent the Bracca 1 gene or alter it in any way; Bracca 1 is a naturally occurring
phenomena and thus not patentable; they are protecting inventive acts not extensive matters
Alice Corporation Pty. Ltd. vs. CLS Bank International - answer✔issue- CLS sued Alice regarding
computer-implemented inventions; are abstract ideas patentable for subject matter protection?
holding- no; an abstract idea must include extra features to be patentable
characteristics of patents - answer✔novelty, nonobviousness, utility
novelty - answer✔something new and different from prior art
nonobviousness - answer✔the ability of an invention to produce surprising or unexpected results
