LLM Intellectual Property Law 2 — Questions and Answers
Question 1: Under US patent law, what is the 'on sale bar' under 35 U.S.C. § 102?
- An invention on sale more than one year before the patent application is filed cannot be patented (Correct answer)
- Patents cannot be licensed for more than 20 years
- An invention in public use cannot be sold
- Prior art references bar patent claims only if published
Correct answer: An invention on sale more than one year before the patent application is filed cannot be patented
The on-sale bar prevents patent protection for an invention that was commercially offered for sale more than one year before the US patent application filing date.
Question 2: What is 'trademark dilution' under the Lanham Act?
- The blurring or tarnishment of a famous mark's distinctiveness regardless of competition or confusion (Correct answer)
- Unauthorized use of a mark in a competing market
- Abandonment of a trademark through non-use
- Loss of trademark rights due to genericide
Correct answer: The blurring or tarnishment of a famous mark's distinctiveness regardless of competition or confusion
The Federal Trademark Dilution Act protects famous marks from dilution by blurring (weakening distinctiveness) or tarnishment (harming reputation) without requiring likely confusion.
Question 3: In patent law, the written description requirement ensures that:
- The inventor actually possessed the claimed invention at the time of filing (Correct answer)
- The patent application is filed within one year of the invention
- All prior art is disclosed to the USPTO
- Claims are written in plain English
Correct answer: The inventor actually possessed the claimed invention at the time of filing
The written description requirement under 35 U.S.C. § 112 ensures the specification demonstrates that the inventor actually possessed the claimed subject matter as of the filing date.
Question 4: Which type of intellectual property protection is most appropriate for the ornamental design of a functional article?
- Design Patent (Correct answer)
- Utility Patent
- Trade Dress
- Copyright
Correct answer: Design Patent
Design patents under 35 U.S.C. § 171 protect new, original, and ornamental designs for articles of manufacture, lasting 15 years from grant.
Question 5: Under copyright law, what is the significance of 'work made for hire'?
- The employer or commissioning party is deemed the author and owns the copyright (Correct answer)
- The employee retains copyright but the employer has a license
- Copyright is jointly owned by employer and employee
- No copyright protection attaches to works created for hire
Correct answer: The employer or commissioning party is deemed the author and owns the copyright
Under § 101 of the Copyright Act, works made for hire in the scope of employment or certain commissioned works vest copyright ownership in the employer or commissioning party.
Question 6: The 'first sale doctrine' in copyright law allows which of the following?
- The lawful owner of a copy to resell, lend, or dispose of that copy without the copyright holder's permission (Correct answer)
- Anyone to reproduce a work after its first commercial sale
- Free distribution of digital copies after purchase
- Public performance of a work after purchasing a copy
Correct answer: The lawful owner of a copy to resell, lend, or dispose of that copy without the copyright holder's permission
Section 109 of the Copyright Act provides that once a copyright owner sells a lawfully made copy, the new owner can sell or otherwise dispose of it without further authorization.
LLM Intellectual Property Law 2
Under US patent law, what is the 'on sale bar' under 35 U.S.C. § 102?