Uploaded by Francis Jann Floresca

hw1 99 out of 100

Although Section 161 of the Patent Act providing for statutory
protection for plant patents does not specifically state that patents for
plants must be ____.
To be patentable, a design must be _______ rather than utilitarian
A _______ of a product may be registrable as long as the product is not
known for the fragrance or the frangance does not enhance use of the
Works consisting entirely of information and contains no original
Patents are governed exclusively by federal law, and rights in patents
arise from
______ of the U.S. Constitution.
An emerging field in trademark law is the registration of ________, such
as Microsoft's spinning globe or the image of light rays shining on the
robed lady holding a torch used by Columbia Pictures
Industries, Inc. Moving Images
The term of protection is the same as that for utility patents, namely, __
years from the patent application date.
A patent is a grant from the _______ allowing an inventor to exclude
others from producing, using, selling, or importing the inventor’s
discovery or invention for a limited period of time, generally 20 years
from the filing date of a patent application.
______ is also found lacking if the invention's sole purpose is illegal
or immoral,
as was the case in 1990 when a patent was refused for a process of
making a cheap
cigar wrapper tabacco leaf that resembled superior products.
Systems for the operation of businesses cannot be patented unless they
are more than mere abstract ideas.
It is a play or theatrical performance.
The term ____ means that the subject matter of the invention must
have a useful purpose.
Marks consisting of ________ present special problems.
An exclusive right for seven years to market an ________ that is
necessary to treat a disease that affects fewer than 200,000 people.
Protection under the Act is triggered when the Food and Drug
Administration determines that unless such protection is granted.
Either single _______ or multiple _________ and slogans are eligible for
federal registration. Thus,
primarily ornamental
Common Property
Article 1, section 8
moving images
Federal Government
Business methods are mental steps.
dramatic works
Geographic Terms
Orphan Drug
A chip that is based on copyright law principles, protection of the
masks used to create the chips.
Based on a preexisting work.
A ____is a method of doing something to produce a given result.
The _______ of a product may be registered as a trademark as long as the
shape is not functional.
The first requirement for copyrightability.
_______ what are the 4 types of trademarks.
A _________ includes any word, name, symbol, or device or combination
of such used to identify and distinguish one's goods or products from
those of another and to indicate the source of such goods or products.
__________ are private and public consulting and
marketing businesses
that exists to help inventors bring their inventions.
Works of the US Government often are said to be available for all to use.
There is overlap between trade dress protection and patent law such
that the ornamental appearance of an item may be protected under
_______ and as a design patent.
Federal law (35 U.S.C. § 101) establishes the subject matter that can be
protected by a ____.
The ______ means that an invention cannot be patented.
The congress has the power to prommote the progress of science and
useful arts by securing to authors and inventors the exclusive right to
their respective writings and discoveries.
A design or device that is _______ cannot be registered.
semiconductor chip protection
derivative work
Trademark, Servie mark, Collective marks,
and Certification marks.
Invention development
Public Domain Works
Trade dress law.
utility patent
Novelty requirements
Article I, Section 8 of the US Constitution
A ____ can be obtained for articles as diverse as jewelry, furniture, trash
receptacles, and clothing (such as an ornamental design for a shoe).
Design patent
A diary or a journal maintained by the author and not distributed to the
unpublished work
Since _____, federal law has allowed for the grand of a patent to anyone
who has invented
or discovered and asexually reproduces any distinct and new variety of
plant or cultivated
tuberous plant.
Marks that consist of the flag or coat of arms or other _______ of the
United States or another country cannot be registered.
A _______ is a word, name, symbol, or device (or combination of such)
used by a person other than its owner to certify quality, accuracy, or
some other characteristics of goods or services, such as the famous UL
(& Design) mark used by underwriters' laboratories, Inc., to certify that
products conform to certain safety standards established by
Underwriters' Laboratories.
A trademark may consist of _______ as long as the color is
not functional."
Broad category of visual arts of two and three dimensional works of
fine, graphic and applied art, photographs, prints, art reproductions,
cartoons, maps, globes, and charts.
It is a work such as periodical issue, anthology, or encyclopedia.
Whereas trademarks can last forever if properly protected
and maintained
, and copyrights have a long-term of duration, patents protection last
_______ years from the application date for utility and plant patents.
Stencil used to etch or encode an electronic circuit on a chip.
________ requires that the work be sufficiently stable or permanent that
it can be perceived, reproduced, or otherwise communicated for a
period more than transitory duration.
If the _______ is superior too prior art and performance better than other
similar inventions,
such trans to show nonobviousness.
Whereas right in trademarks arises form to use and copyright
patents must be issued by the __________ to be
government insignia
Certification marks
pictorial, graphic, and sculptural works
federal government
A combination of _________ strategies may be needed to secure the
broadest possible scope of protection for certain articles.
Intellectual property.
After the patent ____, anyone may make, use, or sell the invention
without liability.
It consists of music, including any accompanying words, and maybe in
the form of sheet music, a cassette tape, record, or CD.
Marks that consist of _______ or falsely suggest a connection with
persons, institutions, or national
Musical works
disparaging matter
symbols or brings them into contempt or disrepute are excluded from
There are a variety of items, products, and processes that cannot be
patented. The following are excluded from patent protection either by
statutory prohibition or ____.
The term of a plant patent is identical to that for utility patents:____
years from the date
on which the application for the patent is filed with the PTO.
One that is distributed to the public for sale or otherwise transferred to
another, such as by rental or lending.
provides rights for certain drugs that are similar to patent rights,
namely, an exclusive right for seven years to market an ____ that is
necessary to treat a disease that affects fewer than 200,000 people.
Performance that uses gestures and expression.
____, physical phenomena, scientific truths, and abstract ideas cannot be
The Trademark Act prohibits the registration of ________, including
profane words.
__________ are by far the most common type of patent and cover what
we generally think of as inventions, such as the cotton gin, the automobile,
the airplane, and the computer.
______ involves growing something other than from a seed.
Judicial Interpretation
published work
orphan drug
Laws of Nature
immoral or scandalous matter
Utility Patents
Asexual reproduction
A mark consisting primarily of a _______, such as Kimball or Davis, cannot
be registered unless it has acquired distinctive.
The overall packaging, design, and configuration of a product is protectable
as its _______.
trade dress
________ of living persons cannot be registered without their consent.
Law of nature is ____ from Patent Protection.
________ are eligible for registration as long as they do not describe the
Marks that are merely ________ of the products or services offered under
the mark cannot be registered.
The nonrenewable term of a design patent is __ years from the date of
issuance of grant.
A unique arrangement of them into a recipe book may qulify as a
The requirement of ______ means that not all new and useful inventions
can be
Names, portraits, or signatures
Numbers and letters
Protectable Compilation.
Only human-made inventions can be patented. Naturally occurring
substances cannot be protected by patent even if they have previously
been unknown to others.
A mark consisting solely of a _______, such as Nike's famous ""swoosh""
mark or the picture of the smiling Quaker on a box of Quaker oatmeal is
Designs for useful articles, such as vehicular bodies, wearing apparel,
household appliances, and the like are not protected by copyright."
The _____, the same government agency that is responsible for examining
trademark application and issuing registrations is responsible for examining
application and granting patents.
Those express in words, numbers, or verbal or numerical symbols and
include a wide variety of works.
Marks comprising _______ matter cannot be registered.
The requirements of novelty for utility patents discussed in the previous
section on patentability under the heading “Novelty” apply equally to
design patents.
____ are charged during the term of the plant patent to maintain it in
More than __ percent of the patent applications filed with the USPTO are
for utility patents; approximately 5 percent are for design patents; and less
than 1 percent are for plant patents.
A form of intellectual property property protection that protect original
works of authorship that are fixed in a tangible form of expression.
________ invented more than 300 uses for peanuts.
Like ________, patents are governed exclusively by
federal law.
This term has been construed broadly over the past 200 years to protect
musical works, architectural works, sculptures, videogames, and
developing technologies.
To prevent consumer confusion and deception, _______ cannot be
Design of a building as embodied in some tngible medium of epression,
including a building, architectural plans, or drawings.
It include musical sounds but often includes recording of drams or lectures.
Courts examine the ______ in the pertinent field to determine whether an
Design patent has a term of ___ years from the date of their grant., and no
Products of Nature
Useful articles
Plant and Trademark Office
Literary works
it must be new
No fees
George Washington Carver
confusingly similar marks
Architectural works
Sound recordings
prior art
fees are charged to maintain a design patent in force.
A ________ is a trademark or service mark used by the members of a
cooperative, association, or other collective group or organization ,
including marks indicating membership in a union or other organization,
OF POLICE; these marks indicate membership in the organization identified.
Composition and arrangements of dance movements and patterns.
Printed matter is _____ from Patent Protection.
PTO means ____.
No______ gives its owner the right to make, use, or sell the invention;
rather, the right granted is only to exclude from making, using or selling
the patented invention.
Before the ________________ was passed, a distinction was drawn
between published and unpublished works.
A ________ includes any word, name, symbol, or device (or combination of
such) used to identify the services or intangible acivities performed by one
person for another, identify and distinguish one's services from those of
another and indicate the source of such services, such as BURGER KING for
restaurant services UNITED AIRLINES for transportation services, or SPRINT
for communication services.
________ By law, some marks have received special protection. Thus,
marks associated with the Olympics, the American Red Cross, Smokey the
Bear, and certain veterans' organizations are reserved to their owners and
cannot be appropriated by others.
Audiovisual works consisting of a series of related images.
Once the inventor sells or offers to sell the invention in the US, he or she
has ___ year
grace period to file a patent application.
A principle prohibits the issuance of more than one patent for the same
invention or for an invention that is substantially the same as that owned
by an inventor.
Under the Atomic Energy Act of 1954, _____ cannot be patented.
collective marks
Patent and Trademark Office
1976 Copyright Act
certification mark
statutorily protected marks
Motion pictures
double patenting
atomic weapons
In --____, the Court noted that the intent of the design patent statute was
to encourage the decorative arts.
In 1950, NBC received the first _______registration, for its famous threenote chime.
A ______ is granted to any person who has invented any new and
ornamental design for an article of manufacture.
A ____ affords its owner the right to exclude others from asexually
reproducing the plant.
design patent
plant patent
In _______________ the Court held that a live, humanmade microorganism
(in that case, a genetically engineered bacterium capable of breaking down
crude oil) was patentable as a humanmade “manufacture” or “composition
of matter” and stated that “anything under the sun made by man” is
A _______ is a grant from the federal government conferring the right to
exclude others from making, selling, or using an invention for the term of
patent protection.
In Diamond v. Chakrabarty, 447 U.S.303