NPPE Intellectual Property in Practice 2

Question 1

Which form of intellectual property protection is most appropriate for a novel engineering device that achieves a specific technical function?

Accepted Answer

Patent

Answer

Copyright

Answer

Trademark

Answer

Trade secret

Question 2

An engineer develops a software algorithm for structural analysis during working hours using company resources. Who is likely the first owner of the copyright in the software?

Accepted Answer

The employer, under the work-made-for-hire doctrine in the Copyright Act

Answer

The engineer personally, as the creator

Answer

The client for whom the analysis was performed

Answer

There is no copyright in software algorithms

Question 3

A Canadian engineering firm uses a confidential process that gives it a competitive advantage. The firm has not patented it. Which IP protection is available?

Accepted Answer

Trade secret protection, which requires reasonable efforts to maintain confidentiality

Answer

No protection is available once a patent is not filed

Answer

Automatic copyright protection

Answer

Trademark protection

Question 4

An engineering consulting firm delivers design drawings to a client. Who owns the copyright in those drawings, absent any contract provision?

Accepted Answer

The engineering firm, as the author of the drawings

Answer

The client, as the party who paid for them

Answer

The provincial engineering regulator

Answer

Copyright is automatically shared equally between firm and client

Question 5

Which of the following best describes 'fair dealing' in Canadian copyright law as it might apply to an engineer reviewing technical literature?

Accepted Answer

A user's right to reproduce copyrighted material for purposes such as research, private study, education, parody, satire, or criticism without requiring permission

Answer

The right to reproduce any published technical paper in full for commercial purposes

Answer

An exemption available only to educational institutions

Answer

A defence only available in criminal copyright proceedings

Question 6

A patent application in Canada is examined by the Canadian Intellectual Property Office (CIPO). During examination, the examiner finds a prior art reference that anticipates the claimed invention. What does 'anticipation' mean in patent law?

Accepted Answer

A single prior art disclosure previously made all the essential elements of the claimed invention available to the public

Answer

The invention was expected or foreseeable by experts in the field

Answer

Multiple prior art references together teach the invention

Answer

The invention was developed by anticipating market needs