Question 1

The patent application must include a(n) _____ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.

Accepted Answer

A)   specification
B)   drawing
C)   proposal
D)   idea

Question 2

Which of the following characterizes the transfer of trademark rights?

Accepted Answer

A)   It is much easier than transferring patent interests.
B)   They may only be assigned to another person.
C)   They cannot be sold unless it involves a sale of goods.
D)   An uncontrolled license is generally not advised.

Question 3

The basic recovery for copyright infringement is only the owner's actual damages.

Accepted Answer

A) True 
 B)False

Question 4

A patent granted on September 2,1997 will be valid for 17 years from that date unless the patent was for an ornamental design.

Accepted Answer

A) True 
 B)False

Question 5

What is the basic recovery for copyright infringement?

Accepted Answer

A)   Only the owner's actual damages
B)   Only the attributable profits by the infringer
C)   Owner's actual damages and the attributable profits of the infringer
D)   Punitive damages

Question 6

What is patent infringement?

Accepted Answer

Patent infringement occurs whe...

Question 7

Which of the following is also termed slander of title or a trade libel?

Accepted Answer

A)   Defamation
B)   Injurious falsehood
C)   Copyright violation
D)   Plagiarism

Question 8

Which of the following distinguishes a copyright from a patent?

Accepted Answer

A)   Copyrightable works need not be novel.
B)   Copyright law gives exclusive rights to the creator of a work.
C)   Copyright laws prevent others from using the work originally created by someone.
D)   There are proper copyright laws in the U.S.

Question 9

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called _____.

Accepted Answer

A)   counterfeit goods
B)   Shanzai goods
C)   black market goods
D)   gray market goods

Question 10

Trademark protection in the United States is for 30 years.

Accepted Answer

A) True 
 B)False

Question 11

A patent can be viewed as a contract between the inventor and who?

Accepted Answer

A)   The federal government
B)   The state government
C)   The consumer
D)   The International Office of Intellectual Property

Question 12

Which of the following characterizes section 43 (a) of the Lanham Act?

Accepted Answer

A)   It is a consumer remedy.
B)   It addresses everything except advertisements.
C)   It is available only to commercial parties.
D)   It creates a state law of unfair practices.

Question 13

Any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:

Accepted Answer

A)   copyright.
B)   trademark.
C)   signature.
D)   patent.

Question 14

Patent law is always an area of exclusive federal jurisdiction.

Accepted Answer

A) True 
 B)False

Question 15

Although the Lanham Act is the federal trademark statute,Section 43(A)of the statute may be invoked in various situations that do not involve trademark rights.

Accepted Answer

A) True 
 B)False

Question 16

The general rule on the duration of a copyright is that it lasts for 50 years from the time the copyrighted work was created and fixed in tangible form.

Accepted Answer

A) True 
 B)False

Question 17

United States has adopted a "first-to-file" approach to patent law.

Accepted Answer

A) True 
 B)False

Question 18

The damages recoverable in a patent infringement case cannot be less than:

Accepted Answer

A)   court costs and interests.
B)   reasonable royalty for the invention by the creator.
C)   reasonable royalty for the use of the invention by the infringer.
D)   three times the damages actually suffered,and to be decided by the court.

Question 19

What is the first-to-invent rule?

Accepted Answer

Under the first-to-invent rule,a person ...

Question 20

In a copyright infringement case,the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant,but not both.

Accepted Answer

A) True 
 B)False

Exam 8: Intellectual Property and Unfair Competition

Which of the following characterizes the transfer of trademark rights?

Correct AnswerverifiedShow Answer

Any word,name,symbol,device,or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors is called a:

Correct AnswerverifiedShow Answer

The damages recoverable in a patent infringement case cannot be less than:

Correct AnswerverifiedShow Answer

A patent granted on September 2,1997 will be valid for 17 years from that date unless the patent was for an ornamental design.

Correct AnswerverifiedShow Answer

Which of the following distinguishes a copyright from a patent?

Correct AnswerverifiedShow Answer

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called _____.

Correct AnswerverifiedShow Answer

What is the basic recovery for copyright infringement?

Correct AnswerverifiedShow Answer

The basic recovery for copyright infringement is only the owner's actual damages.

Correct AnswerverifiedShow Answer

In a copyright infringement case,the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant,but not both.

Correct AnswerverifiedShow Answer

Which of the following is also termed slander of title or a trade libel?

Correct AnswerverifiedShow Answer

What is the first-to-invent rule?

Correct AnswerverifiedUnder the first-to-invent rule,a person ...View AnswerShow Answer

Trademark protection in the United States is for 30 years.

Correct AnswerverifiedShow Answer

What is patent infringement?

Correct AnswerverifiedPatent infringement occurs whe...View AnswerShow Answer

A patent can be viewed as a contract between the inventor and who?

Correct AnswerverifiedShow Answer

United States has adopted a "first-to-file" approach to patent law.

Correct AnswerverifiedShow Answer

The general rule on the duration of a copyright is that it lasts for 50 years from the time the copyrighted work was created and fixed in tangible form.

Correct AnswerverifiedShow Answer

Although the Lanham Act is the federal trademark statute,Section 43(A)of the statute may be invoked in various situations that do not involve trademark rights.

Correct AnswerverifiedShow Answer

Patent law is always an area of exclusive federal jurisdiction.

Correct AnswerverifiedShow Answer

Which of the following characterizes section 43 (a) of the Lanham Act?

Correct AnswerverifiedShow Answer

The patent application must include a(n) _____ describing the invention with sufficient detail and clarity to enable a person skilled in the relevant field to make and use the invention.

Correct AnswerverifiedShow Answer

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Under the first-to-invent rule,a person ...
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Patent infringement occurs whe...
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