LLM Intellectual Property Law 2

Question 1

Under US patent law, what is the 'on sale bar' under 35 U.S.C. § 102?

Accepted Answer

An invention on sale more than one year before the patent application is filed cannot be patented

Answer

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?

Accepted Answer

The blurring or tarnishment of a famous mark's distinctiveness regardless of competition or confusion

Answer

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:

Accepted Answer

The inventor actually possessed the claimed invention at the time of filing

Answer

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?

Accepted Answer

Design Patent

Answer

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'?

Accepted Answer

The employer or commissioning party is deemed the author and owns the copyright

Answer

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.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Intellectual Property Law 2