Question 1

Which of the following would not be a misappropriation of a trade secret?
A) paying an engineer who is working at a competitor to disclose the trade secret to you
B) buying the competitor's product, then tearing it apart and analyzing it in your laboratory to reveal the trade secret
C) hiring a spy to break into a competitor's offices to acquire the secret
D) asking one of your current engineers to disclose a trade secret of her former employer, which she then does
E) taking a secret from your own employer

Accepted Answer

Reverse engineering, which involves buying a product and analyzing it to discover its trade secrets, is generally considered a legal method of acquiring information and is not considered misappropriation.

Question 2

In terms of patent protection the United States still follows the ________ rule rather than the ________ rule followed by some other countries
A) first-to-invent; first-to-file
B) first-to-file; first-to-invent
C) first-to-file; first-to-perfect
D) first-to-invent; first-to-perfect
E) first-to-perfect; first-to-invent

Accepted Answer

The United States follows the first-to-invent rule, which means that the inventor who can prove they were the first to conceive and reduce an invention to practice is granted the patent rights. Other countries, such as those in Europe, follow the first-to-file rule, which means that the first person to file a patent application for an invention is granted the rights, regardless of who actually invented it first.

Question 3

Federal patent law recognizes categories of innovation that can be patented.These include all but which of the following?
A) machines
B) processes
C) names
D) designs for an article of manufacture
E) asexually reproduced plants

Accepted Answer

Names cannot be patented under federal patent law. The other choices (machines, processes, designs for an article of manufacture, and asexually reproduced plants) can be patented.

Question 4

Which of the following is a category of innovation that can be patented?
A) living material invented by a person
B) living material not invented by a person
C) terms
D) signs
E) symbols

Accepted Answer

Living material invented by a person can be patented as it qualifies as a type of "product" innovation.

Question 5

The following can properly be the subject of a patent except:
A) mechanical processes.
B) asexually reproduced plants.
C) conceptual ideas.
D) designs for manufactured objects.
E) compositions of matter.

Accepted Answer

Conceptual ideas cannot be patented because patents require a specific, tangible application or embodiment of an idea, not just the idea itself.

Question 6

Which of the following is a true statement regarding whether an abstraction or a scientific principle can be patented?
A) Abstractions and scientific principles cannot be patented.
B) Abstractions and scientific principles cannot be patented unless they are part of the tangible environment.
C) Abstractions and scientific principles cannot be patented unless they are part of the intangible environment
D) Abstractions and scientific principles cannot be patented unless they are part of the non-commercial environment.
E) Without exception, abstractions and scientific principles can be patented.

Accepted Answer

The answer of Which of the following is a true...

Question 7

Which of the following is true about misappropriation of trade secrets?
A) Any form of a valid patent is required in order to recover.
B) Any form of a valid trademark is required in order to recover.
C) Any form of both a valid trademark and valid patent are required in order to recover.
D) A valid trademark and patent registered with the Trade Secret Office in Washington, D.C. are required in order to recover.
E) Neither a valid trademark nor a valid patent, regardless of form, is required in order to recover.

Accepted Answer

Misappropriation of trade secrets does not require a valid trademark or patent. Trade secrets can include any confidential information that gives a business a competitive advantage, such as customer lists, formulas, or processes. As long as the information is kept secret and has commercial value, it can be protected under trade secret law.

Question 8

Patents for inventions are valid for ________ years while design patents are valid for ________ years.
A) 17; 17
B) 17; 20
C) 20; 14
D) 14; 20
E) 17; 14

Accepted Answer

Patents for inventions are valid for 20 years while design patents are valid for 14 years.

Question 9

State unfair competition laws allow the owner of a trade secret to bring a lawsuit for ________ against anyone who steals a trade secret.
A) appropriation
B) misappropriation
C) fraud
D) embezzlement
E) robbery

Accepted Answer

Unfair competition laws allow the owner of a trade secret to bring a lawsuit for misappropriation against anyone who steals, uses or discloses a trade secret without the owner's consent.

Question 10

Under current law,the statutory period for patent protection begins to run at the time that:
A) the inventor finalizes the idea for the patent.
B) a working model for the invention is completed.
C) the patent application is filed.
D) the patent is actually issued.
E) the first unit of the patented invention is sold.

Accepted Answer

The statutory period for patent protection begins at the time that the patent application is filed. This means that the patent protection starts before the patent is actually issued and before any sales or commercial activity related to the invention. It is important to note that a patent application must be filed within one year of any public disclosure or sale of the invention in order to obtain patent protection.

Question 11

According to Article I,Section 8 of the United States Constitution,which branch (legislative,executive,or judicial)of government and which level (state or federal)of government has the "Power...To promote the Progress of Science and useful Arts,by Securing for limited Times to Authors and Inventors the exclusive Right to their Respective Writings and Discoveries..."?
A) state legislative
B) state executive
C) federal legislative
D) federal executive
E) federal judicial

Accepted Answer

According to Article I, Section 8 of the United States Constitution, the power "To promote the Progress of Science and useful Arts, by Securing for limited Times to Authors and Inventors the exclusive Right to their Respective Writings and Discoveries" is given to the federal legislative branch of government. This is commonly known as the Copyright Clause, which grants Congress the authority to create laws protecting intellectual property such as patents and copyrights.

Question 12

To be patented,an invention must meet which of the following requirements?
A) The invention must be novel.
B) The invention must be useful.
C) The invention must be non-obvious.
D) The invention must be novel and useful.
E) The invention must be novel, useful and non-obvious.

Accepted Answer

In order to be patented, an invention must meet all three requirements of novelty, usefulness, and non-obviousness, as stated in option E. These three criteria ensure that the invention is truly innovative and not just a minor improvement on existing ideas. Without all three, the invention cannot be considered truly patentable.

Question 13

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words ________ on the article.
A) "top secret"
B) "for your eyes only"
C) "conditional patent"
D) "patent pending"
E) "trade secret"

Accepted Answer

The words "patent pending" are usually placed on the article to inform the public that a patent application has been filed but a patent has not yet been granted. This warns competitors not to copy the invention as they may be liable for infringement once the patent is granted.

Question 14

What federal legal protection is there with respect to trade secrets?
A) Trade secrets are protected under the No Electronic Theft Act.
B) Trade secrets are protected under the Lanham Act.
C) Trade secrets are protected under the Uniform Trade Secrets Act.
D) Trade secrets are protected under the Economic Espionage Act of 1996.
E) Trade secrets are protected under the Landrum-Griffin Act.

Accepted Answer

The answer of What federal legal protection is there with...

Question 15

Generally,a successful plaintiff in a trade secret action can:
A) recover the profits made by the offender from the use of the trade secret.
B) recover for damages.
C) obtain an injunction prohibiting the offender from divulging or using the trade secret.
D) criminally prosecute the defendant
E) recover the profits made by the offender from the use of the trade secret, recover for damages, and obtain an injunction prohibiting the offender from divulging or using the trade secret.

Accepted Answer

A successful plaintiff in a trade secret action can recover the profits made by the offender from the use of the trade secret, recover for damages, and obtain an injunction prohibiting the offender from divulging or using the trade secret. Criminal prosecution is a separate legal avenue, and it is not within the plaintiff's control. Hence option E is the best choice.

Question 16

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.
A) copyright
B) trade secret
C) patent
D) trademark
E) service mark

Accepted Answer

A patent is a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time, usually 20 years from the filing date of the patent application. This exclusive right helps to incentivize innovation and enables inventors to profit from their inventions.

Question 17

Under the ________,it is a federal crime for any person to convert a trade secret to his or her benefit or for the benefit of others,knowing or intending that the act would cause injury to the owner of the trade secret.
A) Trade Secret Act
B) Economic Espionage Act
C) Intellectual Property Act
D) Trade Secret Espionage Act
E) Intellectual Property Espionage Act

Accepted Answer

The Economic Espionage Act makes it a federal crime to convert a trade secret for personal or third-party benefit, knowing or intending that it would cause harm to the owner of the trade secret. The other options given in the question do not refer to any specific law or act.

Question 18

A competitor can lawfully discover a trade secret by performing ________ (for example,taking apart and examining a rival's product or re-creating a secret recipe).
A) deconstruction
B) dissolution
C) reverse engineering
D) backward construction
E) reverse osmosis

Accepted Answer

Reverse engineering is a method of discovering a trade secret through the analysis and examination of a rival's product or process. It is a legal process that involves taking apart and examining a product, re-creating it or analyzing its composition, and reverse engineering the unknown or secret features of that product. Therefore, it is a valid option for a competitor to lawfully discover a trade secret.

Question 19

Which of the following is true about misappropriation of trade secrets?
A) Although it is not necessary that the trade secret be patented, the secret must be such that it could be patented.
B) Trade secrets are protected regardless of the actions of the trade secret owner.
C) The plaintiff can recover only if the defendant acquired the secret through illegal means.
D) Injunctions are generally not available to protect trade secrets.
E) The plaintiff can recover only if the trade secret was registered with the Trade Secret Office in Washington, D.C.

Accepted Answer

In order to recover for misappropriation of trade secrets, the plaintiff must show that the defendant acquired the secret by improper means, such as theft or a breach of confidence. It is not necessary for the trade secret to be patentable, as trade secret protection applies to any valuable business information that is not generally known or easily ascertainable. Injunctions are commonly granted to protect trade secrets. Trade secrets do not need to be registered with any government office for protection.

Question 20

All applications for patents must be filed in which Washington D.C.office?
A) The Patent and Copyright Office
B) The Patent and Trademark Office
C) The Patent, Copyright and Trademark Office
D) The Office of Patents
E) The Office of Patent and Invention Protection

Accepted Answer

The correct office for filing patent applications is the United States Patent and Trademark Office (USPTO).

Quiz 7: Intellectual Property and Cyber Piracy

Which of the following would not be a misappropriation of a trade secret?

In terms of patent protection the United States still follows the rule rather than the rule followed by some other countries

Federal patent law recognizes categories of innovation that can be patented.These include all but which of the following?

Which of the following is a category of innovation that can be patented?

The following can properly be the subject of a patent except:

Which of the following is a true statement regarding whether an abstraction or a scientific principle can be patented?

Which of the following is true about misappropriation of trade secrets?

Patents for inventions are valid for years while design patents are valid for years.

State unfair competition laws allow the owner of a trade secret to bring a lawsuit for ________ against anyone who steals a trade secret.

Under current law,the statutory period for patent protection begins to run at the time that:

To be patented,an invention must meet which of the following requirements?

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words ________ on the article.

What federal legal protection is there with respect to trade secrets?

Generally,a successful plaintiff in a trade secret action can:

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

Under the ________,it is a federal crime for any person to convert a trade secret to his or her benefit or for the benefit of others,knowing or intending that the act would cause injury to the owner of the trade secret.

A competitor can lawfully discover a trade secret by performing ________ (for example,taking apart and examining a rival's product or re-creating a secret recipe) .

Which of the following is true about misappropriation of trade secrets?

All applications for patents must be filed in which Washington D.C.office?