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Exam 24: Intellectual Property

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Question 21

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A design patent will last for:

A) 14 years from the date of the filing of the application with the United States Patent and Trademark Office.
B) 14 years from the date of the approval of the application granted by the United States Patent and Trademark Office.
C) 20 years from the date of the filing of the application with the United States Patent and Trademark Office.
D) 20 years from the date of the approval of the application granted by the United States Patent and Trademark Office

E) C) and D)
F) B) and D)

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Question 22

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An essentially minimal improvement to an existing invention that is not worthy of patent protection is called a ________ improvement and is considered relatively obvious.

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Question 23

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Each of the following is considered trade dress except:

Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

McDonald has invented a machine that harvests corn in the field,automatically shucks the corn from the husk and peels the kernels from the cob,separating everything for easy disposal or further use.Assuming that all requirements are met for a patent,the length of his patent protection will be:

Satires and parodies have generally been deemed not to be copyright infringement due to the fair use doctrine.

Which of the following is an example of a suggestive trademark?

Which of the following does not have to be shown for copyright protection to be granted?

If a student goes to the library and plagiarizes text from a book or other publication,they are guilty of indirect infringement.

A utility or business method patent will last for:

If an item has been patented,but has not been marked as patented on the item,should infringement occur,the patent holder is generally barred from collecting damages.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students.In 2010 Mike completes the companion book and he signs over his copyright to the publisher.The publisher actually publishes the book in 2013.When will the publishers copyright run out and expire?

All trade secrets are protectable by either patent or copyright laws.

Once a patent has been issued by the U.S.Patent and Trademark Office,the patent cannot be challenged or revoked due to the comprehensive investigation performed by the USPTO prior to issuance.

Igor is a brilliant chemist and one day decides to try and find out why Whipple Iced Tea tastes so good.Whipple advertises that they blend secret spices into their drink and those secret spices are a closely guarded secret.The recipe is kept in a safe which is kept in a vault at the home office and is guarded by two former Special Forces soldiers at all times.Igor,after weeks of analysis has discovered the recipe.Igor is guilty of misappropriation of the Whipple trade secret.

Professor Patty is very distraught that three students in her class cannot afford to buy the forty two chapter book.The book is used for two semesters although not all students take the second course.She finally tells them that she will make copies of the twenty one chapters to be discussed for them,at no charge.Professor Patty makes the copies and gives them to the students prior to the beginning of each new chapter.If Professor Patty is sued for copyright infringement:

A professor at your school has discovered that if certain music is played in the background during lectures,the room is lit to a particular level,the temperature is maintained at a particular level and the professor speaks within a particular tonal range,students understand and retain the information presented at an astonishing 84% higher rate than students hearing the same lecture without these conditions.The professor has even created a machine that converts the professor's voice to the tonal range required.The school is advertising that this process will be implemented in all classrooms and freshman applications have more than tripled.Is this process protectable as a trade secret and if so,how effective will the protection be?

Trade secrets are protectable:

Illegal acquisition of a company's trade secret constitutes ______.

"Computer City" is an example of a ________ trademark.