NPPE Intellectual Property in Practice 5

Question 1

An engineering company in the US wants to protect its patented product in Canada and Germany. Which mechanism allows it to file a single international application covering multiple countries?

Accepted Answer

The Patent Cooperation Treaty (PCT)

Answer

The Patent Cooperation Treaty (PCT) allows inventors to file one international application that can enter the national phase in over 150 member countries.

Question 2

An engineer uses open-source software licensed under the GNU General Public License (GPL) in a proprietary product and distributes that product commercially without releasing the source code. What is the risk?

Accepted Answer

The engineer may face copyright infringement claims and be required to release the product's source code under GPL terms

Answer

The GPL is a 'copyleft' license requiring that any distributed derivative work also be released under the GPL, including disclosure of source code.

Question 3

A prospective client asks an engineering firm to sign a non-disclosure agreement (NDA) before sharing project details. The engineer signs but later discloses confidential specs to a subcontractor without written authorization. What professional and legal consequence may follow?

Accepted Answer

Breach of contract and potential trade secret liability, as well as a violation of professional confidentiality obligations

Answer

Unauthorized disclosure under an NDA constitutes breach of contract and can expose the firm to trade secret claims and professional discipline.

Question 4

An engineer discovers that a patent application they are assisting with omits a prior art reference they know to be highly relevant. What is the correct action?

Accepted Answer

Disclose the reference to the patent attorney to ensure it is submitted to the USPTO, fulfilling the duty of candor

Answer

Applicants and their representatives owe the USPTO a duty of candor and good faith, which requires disclosing known material prior art.

Question 5

A company's logo has been used continuously in commerce for 30 years but was never federally registered. A competitor begins using a nearly identical logo. What protection, if any, does the original company have?

Accepted Answer

Common law trademark rights based on continuous use, which may allow them to stop the competitor in the geographic area where they operate

Answer

Common law trademark rights arise from actual use in commerce and provide protection in the geographic areas where the mark has been used, even without federal registration.

NPPE - National Professional Practice Examination Practice Test

NPPE - National Professional Practice Examination Practice Test

NPPE Intellectual Property in Practice 5