Question 1

In terms of priority in filing a patent application, the United States uses a first-to- ________ system.

Accepted Answer

The United States uses a first-to-file system, which means that the first person or entity to file a patent application for a specific invention will be given priority over others, regardless of who actually invented the invention first.

Question 2

The average time for the approval of a patent is approximately seven months.

Accepted Answer

The average time for the approval of a patent varies significantly depending on the country and type of patent. In the United States, for example, it can take on average three years for a patent to be granted.

Question 3

A ________ is any word, name, symbol, or device used to identify the source of origin of products or services and to distinguish those products or services from others.

Accepted Answer

A trademark is a symbol, word, or phrase that is legally registered or established by use to represent a company or product. Its purpose is to identify and distinguish the goods or services offered by one seller or provider from those of others. Trademarks help businesses build brand recognition and protect their intellectual property rights.

Question 4

Which of the following is not generally eligible for trademark protection?

Accepted Answer

Surnames are generally not eligible for trademark protection, as they are considered too personal and cannot be monopolized by any one person or entity.

Question 5

________ patents are the second most common type of patent and cover the invention of new, original, and ornamental designs for manufactured products.

Accepted Answer

Design patents cover new, original, and ornamental designs for manufactured products. They are the second most common type of patent, with utility patents being the most common. Aesthetic, visual, and blueprint patents are not recognized patent classifications.

Question 6

The Savvy Entrepreneurial Firm feature in Chapter 12 focused on provisional patent applications. The main point of the feature is to illustrate that filing a provisional patent application effectively takes ________.

Accepted Answer

The answer of The Savvy Entrepreneurial Firm feature in Chapter...

Question 7

Identify and briefly describe the three types of patents.

Accepted Answer

The answer of Identify and briefly describe the three types...

Question 8

A utility patent can be obtained for a new product or process or the "idea" for a new product or process.

Accepted Answer

A utility patent can be obtained for a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, but not for the mere idea of a new product or process without a concrete embodiment or application.

Question 9

Since the first patent was granted in 1790, the USPTO has granted 8.7 million patents.

Accepted Answer

According to the USPTO, as of May 2021, they have granted over 10 million patents since the first one was granted in 1790.

Question 10

The four types of trademarks are ________.

Accepted Answer

The four types of trademarks are trademarks, service marks, collective marks, and certification marks.

Question 11

Which of the following is not a type of trademark?

Accepted Answer

Trademarks can be classified into five types - trademark, certification mark, collective mark, service mark, and geographic indication mark. Documentation mark is not a recognized type of trademark.

Question 12

A patent is a grant from the federal government conferring the rights to exclude others from making, selling, or using an invention for the term of the trademark.

Accepted Answer

The answer of A patent is a grant from the...

Question 13

The term of a utility patent is ________ years from the date of the ________.

Accepted Answer

The term of a utility patent is 20 years from the date of the initial application. This is specified in the U.S. Patent Law (35 U.S. Code §154). Therefore, option D is the correct answer.

Question 14

Patent ________ takes place when one party engages in the unauthorized use of another party's patent.

Accepted Answer

Patent infringement occurs when one party uses, manufactures, sells, or imports a patented invention without the permission of the patent holder. This is a violation of the exclusive rights granted to the patent owner, and can result in legal action and damages.

Question 15

Design patents are the most common type of patent and cover what we generally think of as new inventions.

Accepted Answer

Design patents cover new, original, and ornamental designs for an article of manufacture, rather than functional or utilitarian aspects of an invention. Utility patents are the most common type of patent and cover new and useful processes, machines, manufactures, and compositions of matter.

Question 16

The Partnering for Success feature in Chapter 12 starts by talking about Gary Schwartzberg, who, along with a partner, developed a new type of bagel dubbed the "Begeler," which was eventually licensed to Kraft. According to the feature, entrepreneurs and inventors like Gary Schwartzberg are finding that large consumer products companies are ________.

Accepted Answer

The feature states that large consumer products companies are "increasingly interested in what they have to offer." Therefore, option C is the best choice.

Question 17

Dell for computers, Modcloth for vintage and vintage-inspired women's clothing, and Proactiv for acne medication are examples of ________.

Accepted Answer

Dell, Modcloth, and Proactiv are all examples of brands that have registered trademarks. A trademark is a symbol, word, or phrase that is used to identify and distinguish a particular brand or product from competitors in the marketplace. Trademarks are registered with the government and typically offer legal protection against infringement by others.

Question 18

A utility patent is good for ________ years from the date of the original application, a design patent is good for ________ years from the date the patent is granted, and a plant patent is good for ________ years from the date of the original application.

Accepted Answer

A utility patent is valid for 20 years from the date of the original application, a design patent is valid for 15 years from the date the patent is granted (the question incorrectly states 14, but the closest correct duration is under option D), and a plant patent is valid for 20 years from the date of the original application.

Question 19

________ marks are similar to ordinary trademarks, but they are used to identify the services or intangible activities of a business rather than a business's physical product.

Accepted Answer

Service marks are used to identify services or intangible activities of a business. They are similar to trademarks, but they distinguish services instead of physical products.

Question 20

________ marks are trademarks or service marks used by the members of a cooperative, association, or other collective group, including marks indicating membership in a union or similar organization.

Accepted Answer

Collective marks are specifically used to indicate membership in a collective organization or group. Share, examination, joint, and certification marks do not necessarily indicate membership in a group or organization.

Quiz 12: The Importance of Intellectual Property