Intellectual Property Law Flashcards
6 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Intellectual Property Law flashcards as text
Under US patent law, what is the 'on sale bar' under 35 U.S.C. § 102?
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.
What is 'trademark dilution' under the Lanham Act?
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.
In patent law, the written description requirement ensures that:
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.
Which type of intellectual property protection is most appropriate for the ornamental design of a functional article?
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.
Under copyright law, what is the significance of 'work made for hire'?
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.
The 'first sale doctrine' in copyright law allows which of the following?
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.