CPI Intellectual Property & Patent Strategy 2

Question 1

What is a 'patent thicket' and why is it a concern for innovators?

Accepted Answer

A cluster of overlapping patents that can block entry into a technology space

Answer

A patent thicket is a dense web of overlapping patents in a technology area that makes it difficult for new innovators to commercialize products without infringing on existing IP.

Question 2

Which type of patent application preserves a filing date while allowing the inventor 12 months to file a full non-provisional application?

Accepted Answer

Provisional application

Answer

A provisional patent application establishes an early filing date and gives inventors 12 months to file a full non-provisional application without entering examination.

Question 3

In trade secret law, what is the key obligation a company must meet to maintain protection?

Accepted Answer

Take reasonable measures to keep the information secret

Answer

Trade secret protection requires that the owner take reasonable steps to maintain secrecy, such as using NDAs, access controls, and confidentiality policies.

Question 4

What does the doctrine of 'prosecution history estoppel' prevent a patent holder from doing?

Accepted Answer

Reclaiming claim scope that was surrendered during patent prosecution

Answer

Prosecution history estoppel bars a patent owner from using the doctrine of equivalents to recapture subject matter that was surrendered during prosecution to obtain the patent.

Question 5

When should an innovator consider using a trade secret strategy INSTEAD of filing a patent?

Accepted Answer

When the innovation is a manufacturing process that is difficult to detect externally

Answer

Trade secrets are preferable when the underlying innovation—such as an internal process—cannot be reverse-engineered, allowing indefinite protection without public disclosure.

(CPI) Certified Professional Innovator Practice Test

(CPI) Certified Professional Innovator Practice Test

CPI Intellectual Property & Patent Strategy 2