ALP ALP Intellectual Property & Technology Law 1 — Questions and Answers
Question 1: Which federal agency is responsible for registering trademarks in the United States?
- United States Patent and Trademark Office (USPTO) (Correct answer)
- Federal Trade Commission (FTC)
- Securities and Exchange Commission (SEC)
- Department of Justice (DOJ)
Correct answer: United States Patent and Trademark Office (USPTO)
The USPTO handles all federal trademark and patent registrations in the United States.
Question 2: What is the copyright duration for a work created by an individual author under current U.S. law?
- Life of the author plus 70 years (Correct answer)
- 20 years from the date of filing
- 95 years from the date of publication
- 28 years, renewable once
Correct answer: Life of the author plus 70 years
U.S. copyright law protects individual-authored works for the creator's lifetime plus an additional 70 years.
Question 3: A patent that protects the ornamental design of a functional item is called a:
- Design patent (Correct answer)
- Utility patent
- Plant patent
- Provisional patent
Correct answer: Design patent
Design patents cover the ornamental or aesthetic appearance of an article, not its functional features.
Question 4: Which doctrine allows limited use of copyrighted material without permission for purposes such as commentary or education?
- Fair use (Correct answer)
- First sale
- Work for hire
- Compulsory license
Correct answer: Fair use
The fair use doctrine permits limited use of copyrighted works for criticism, comment, news reporting, teaching, and research.
Question 5: Under the Digital Millennium Copyright Act (DMCA), what protection is extended to internet service providers?
- Safe harbor from liability for user-uploaded infringing content (Correct answer)
- Complete immunity from all copyright claims
- Exclusive rights to monitor and filter user content
- Mandatory content removal without a notice requirement
Correct answer: Safe harbor from liability for user-uploaded infringing content
The DMCA safe harbor shields ISPs from copyright liability for user-uploaded content provided they comply with notice-and-takedown procedures.
Question 6: What is a 'trade secret' in the context of U.S. intellectual property law?
- Confidential business information that provides a competitive advantage (Correct answer)
- A pending patent application awaiting USPTO approval
- A registered trademark used on commercial goods
- A copyrighted formula filed with the Copyright Office
Correct answer: Confidential business information that provides a competitive advantage
A trade secret is confidential commercial information that gives a business a competitive edge and is protected by maintaining its secrecy.
ALP ALP Intellectual Property & Technology Law 1
Which federal agency is responsible for registering trademarks in the United States?