Chapter 6

Question 1

generally refers to products of the human creative spirit such as inventions, creative works (e.g., songs, plays, visual media), trademarks and service marks, trade secrets, and other know-how

Answer 1

intellectual property

Question 2

the right to legally exclude others from performing certain acts

Answer 2

negative right

Question 3

-protection of intellectual property
-administered by the World Trade Organization
-applies to patents, copyrights, trademarks, & certain trade secrets
-prohibits member countries from treating domestic owners of intellectual property more favorably than nondomestic owners, and nondomestic owners have the same access to legal procedures and tribunals as domestic owners enjoy when seeking to exercise their rights

Answer 3

Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS Agreement)

Question 4

under the US Department
of Commerce, has the authority to grant patents and trademarks in the United States

Answer 4

US Patent and Trademark Office (USPTO)

Question 5

changed the patent system in the United States from a first-to-invent system to a first inventor–to-file system

Answer 5

America Invents Act (AIA)

Question 6

international patent application

Answer 6

Patent Cooperation Treaty (PCT)

Question 7

governed by the United Nations, oversees PCT applications

Answer 7

World Intellectual Property Organization (WIPO)

Question 8

this type of patent covers the way something functions or the specific arrangement of parts

Answer 8

utility patents

Question 9

this type of patent covers the non-functional ornamental aspects of the invention

Answer 9

design patents

Question 10

this type of patent covers the newly invented strains of asexually reproducing plants

Answer 10

plant patents

Question 11

defines the scope of the invention, and therefore the scope of the patent owner’s right to exclude others from using their invention

Answer 11

patent claim

Question 12

existing information and concepts that are relevant to the technology in the patent application

Answer 12

prior art

Question 13

this allows the inventor to revise and pursue the broad claims in the continuation while simultaneously enjoying an issued patent on the narrower claims

Answer 13

continuation application

Question 14

wants to add new subject matter to patent claim

Answer 14

continuation-in-part application

Question 15

a patent application that does not need claims or formal drawings and that has a much lower filing fee payable to the USPTO

Answer 15

Provisional patent application

Question 16

no single teaching from prior art can disclose each and every element of the invention

Answer 16

novel

Question 17

a very low bar requiring only that the invention be useful for its intended purpose

Answer 17

useful

Question 18

the invention cannot simply be a combination of prior art
teachings that are merely a simple compilation of existing technologies

Answer 18

nonobvious

Question 19

the making, using, selling, offering for sale, or importing into the United States the invention as defined by the claims of the patent

Answer 19

Patent infringement

Question 20

When a part makes, uses or sells, or offers to sell or imports a patented device without permission from the patent

Answer 20

direct infringement

Question 21

requires that the infringer has knowledge of the patent and that the accused infringer intended that its product infringe the patent

Answer 21

Indirect infringement

Question 22

actively inducing another’s direct infringement of a patent by encouraging, aiding, or otherwise causing another to infringe the patent

Answer 22

induced infringement

Question 23

occurs when a party provides a component that has a specific use as part of another article that is covered by a patent, even though that component standing alone does not infringe any patents

Answer 23

Contributory patent infringement

Question 24

asserting that the patent owner waited too long to bring the infringement claim

Answer 24

defense of laches

Question 25

requires the patent owner to relinquish all rights in an individual article after an authorized sale so that the purchaser is free to use or resell that article without any restrictions

Answer 25

first-sale doctrine

Question 26

if a jury finds that a party willfully infringed the patent, the infringer may be liable for

Answer 26

treble damages

Question 27

an intellectual property right designed to protect artistic works and broadly extends to “original works of authorship fixed in any tangible medium of expression.”

Answer 27

copyright

Question 28

an international treaty for copyright, provides international protection for copyrights of citizens of any member country

Answer 28

Berne Convention

Question 29

If the idea and its expression are inseparable, copyright protection is not available for the work

Answer 29

idea–expression dichotomy

Question 30

when a party has actual knowledge of the activity that constitutes direct infringement and induces, causes, or materially contributes to the infringing conduct

Answer 30

contributory copyright infringement

Question 31

when the defendant has the right and ability to control the infringer’s conduct and receives a direct financial benefit from the infringement

Answer 31

vicarious infringement

Question 32

occurs when a defendant did not have notice of a copyright

Answer 32

Innocent infringement

Question 33

under copyright law if the author was an employee and prepared the work within the scope of the author’s employment, or if the author and a party with whom the author is contracted expressly agree in writing that the parties intend for the work to be a

Answer 33

work for hire

Question 34

implements two treaties of WIPO and represents Congress’s attempt to update copyright law for the digital age

Answer 34

Digital Millennium Copyright Act (DMCA)

Question 35

one who distributes a device (software in this case) with the intent to induce infringement is liable

Answer 35

active inducement

Question 36

the use of another’s mark or a mark similar enough to cause confusion as to the true source of a good or service is called

Answer 36

trademark infringement

Question 37

the key federal statute governing trademarks is 15 U.S.C. §1125(a), commonly known as section 43(a) of the (blank); it allows for suit in federal court.

Answer 37

Lanham Act

Question 38

allows the owner of the mark to prevent third parties from using the mark on completely unrelated products where there is no likelihood of confusion

Answer 38

trademark dilution

Question 39

provides mark owners with an international system for registering their marks in multiple countries

Answer 39

Madrid Protocol

Question 40

generally refers to a name, logo, tagline, symbol, or other distinguishing characteristic of a product or associated with the product

Answer 40

trademark

Question 41

refers to the same subject matter when associated with a service provided

Answer 41

service mark

Question 42

marks used by a group of individuals such as a union or an association

Answer 42

collective marks

Question 43

a mark used to certify a good or service

Answer 43

certification mark

Question 44

generally refers to the aesthetic of a product or its packaging and may be legally protected if it serves as a source identifier

Answer 44

trade dress

Question 45

the name a business uses when engaging in commerce but is not by itself a type of trademark

Answer 45

trade name

Question 46

are those that did not exist in the language prior to their use as a mark, such as Exxon or Kodak

Answer 46

fanciful marks

Question 47

are those that have no relation to the goods or services associated with the mark other than identifying the source

Answer 47

arbitrary marks

Question 48

provide some suggestion as to a quality or characteristic of the goods or services associated with the mark but require some mental exercise to connect the mark with the product, such as Coppertone for suntan lotion

Answer 48

Suggestive marks

Question 49

describe the goods or services, or a quality of the goods or Secondary meaning services, associated with the mark

Answer 49

Descriptive marks

Question 50

is achieved when consumers recognize the mark as a source indicator for the goods or services associated with the mark

Answer 50

secondary meaning

Question 51

a mark that only names the product associated with the term

Answer 51

generic term

Question 52

a term used to describe the situation where a trademark name becomes generic through overuse by the public

Answer 52

genericide

Question 53

exists when a party uses a mark associated with goods or services and that party’s use of the mark is likely to cause customer confusion as to the source of those goods or services, name, logo, tagline, symbol, or other distinguishing characteristic of a product or associated with the product

Answer 53

Trademark infringement

Question 54

refers to a party registering a domain name that was identical or very similar to a well-known mark and attempting to resell that domain name to the mark owner for a profit

Answer 54

cybersquatting

Question 55

knowledge not known to the public or reasonably ascertainable that provides some economic advantage to the owner and that the owner treats as a secret

Answer 55

trade secret