CPI Intellectual Property & Patent Strategy 3 — Questions and Answers
Question 1: What is a 'design patent' and what does it protect?
- It protects functional aspects of a manufactured article
- It protects the ornamental or aesthetic appearance of an article (Correct answer)
- It protects a brand name or logo used in commerce
- It protects manufacturing processes and methods
Correct answer: It protects the ornamental or aesthetic appearance of an article
A design patent protects the unique visual characteristics or ornamental design of a functional item, not the function itself.
Question 2: What is a 'cross-licensing' agreement in the context of IP strategy?
- A license that allows use of IP across multiple countries simultaneously
- An arrangement where two parties grant each other rights to use their respective patents (Correct answer)
- A government-mandated license issued during a public health emergency
- A license that transfers full ownership of a patent to a third party
Correct answer: An arrangement where two parties grant each other rights to use their respective patents
Cross-licensing allows two companies to grant each other the right to use their respective patents, often resolving disputes and enabling both parties to operate freely.
Question 3: Which doctrine allows a court to find patent infringement even when a product doesn't literally meet every claim element?
- The doctrine of equivalents (Correct answer)
- The doctrine of file wrapper estoppel
- The doctrine of exhaustion
- The doctrine of laches
Correct answer: The doctrine of equivalents
The doctrine of equivalents allows infringement to be found when a product or process performs substantially the same function in substantially the same way to achieve the same result.
Question 4: What is an 'inter partes review' (IPR) proceeding at the USPTO?
- A review of patent applications submitted by multiple inventors jointly
- A trial proceeding to challenge the validity of an issued patent before the Patent Trial and Appeal Board (Correct answer)
- An administrative process for transferring patent ownership
- A review of a patent application by a panel of three examiners
Correct answer: A trial proceeding to challenge the validity of an issued patent before the Patent Trial and Appeal Board
An IPR is a USPTO trial proceeding allowing any person to challenge the validity of an issued patent on prior art grounds before the Patent Trial and Appeal Board (PTAB).
Question 5: In open innovation strategy, what is the primary role of IP?
- To prevent any external parties from accessing the company's technologies
- To enable controlled sharing of technologies while capturing value from external ideas (Correct answer)
- To eliminate the need for R&D investment by leveraging public domain knowledge
- To replace internal innovation processes with licensing-only strategies
Correct answer: To enable controlled sharing of technologies while capturing value from external ideas
In open innovation, IP management enables companies to share technologies strategically through licensing while also accessing external innovations, balancing openness with value capture.
Question 6: What is the significance of a 'continuation-in-part' (CIP) patent application?
- It splits one patent application into two separate applications for distinct inventions
- It adds new matter to a parent application while retaining the parent's filing date for the original disclosure (Correct answer)
- It extends the term of a patent that is about to expire
- It converts a provisional application into a non-provisional without changes
Correct answer: It adds new matter to a parent application while retaining the parent's filing date for the original disclosure
A CIP application allows inventors to add new subject matter to a pending application; the original claims get the parent's filing date, while new claims get the CIP's filing date.
Question 7: What is 'patent mapping' used for in competitive intelligence?
- Tracking the geographic distribution of patent offices worldwide
- Visualizing the patent landscape to identify white spaces and competitor activity (Correct answer)
- Documenting the chain of title for a company's own patents
- Mapping claim language to specific product features for licensing negotiations
Correct answer: Visualizing the patent landscape to identify white spaces and competitor activity
Patent mapping analyzes patent portfolios across a technology domain to reveal competitor strategies, technology trends, and areas where innovation opportunities exist.
CPI Intellectual Property & Patent Strategy 3
What is a 'design patent' and what does it protect?