Exam Review

Question 1

Patentable inventions must be: implementable, useful, _______, and _________

Answer 1

novel, nonobvious

Question 2

What are the partially sequential steps of the inventing process that we discussed in class

Answer 2

1. identify need
2. criteria
3. Prior Art
4. Brainstorm Solution Approaches
5. Develop/refine/document best approach
6. Consumer/Expert Feedback
7. Justify Invention Value
8. Patent Application

Question 3

What are 4 or more reasons why it is beneficial to find and read patents

Answer 3

• analysis of already existing criteria
• developing ideas for criteria and solution approaches
• Enabling
• improves your ability to write/read patent applications and patents

Question 4

What can be patented?

Answer 4

any new and useful process, machine, manufacture, composition of matter, or any improvement

Question 5

Types of IP Protection

Answer 5

trade secret, copyright, patent, trademark

Question 6

What is a trade secret

Answer 6

secret: don’t tell anyone and hope they don’t hear about it

Question 7

What is a copyright

Answer 7

protects the expression of a concept

Question 8

What is a patent

Answer 8

• A bargain between the inventor and the government
  protects the concept; someone cannot use key elements of your work
• is the right to exclude others from practicing your claimed invention for a period of time

Question 9

Trademark

Answer 9

protects the name; martin spencer cannot advertise software as MS-word

Question 10

Trade Dress

Answer 10

protects total visual appearance; consumers must recognize it

Question 11

what does the inventor provide for the patent

Answer 11

written description of the invention in enough detail so that it can be practiced for the benefit of society

Question 12

What does the government provide for a patent

Answer 12

Right to exclude others from using your invention for 20 years after the filing date

Question 13

What isn’t a patent

Answer 13

is not a right to practice your invention
- if josh patents a stool, zoe cant sell a chair that is just adding a back to the stool

Question 14

What are the legal values of patents

Answer 14

the right to sue infringers

Question 15

What are the business values of patents

Answer 15

• lawsuit to recover damages
• sell of license the patent
• block competitors
• retaliate against lawsuits
• customers like: marketing, investors

Question 16

What do patentable inventions not need to be

Answer 16

implemented, used by millions, completely different, brilliant

Question 17

What are other patent requirements

Answer 17

Reduction to practice, duty to disclose

Question 18

What is a reduction to practice

Answer 18

the patent application must describe the invention in enough detail to enable one of ordinary skill in the art to practice the invention

Question 19

Duty to Disclose

Answer 19

inventor must disclose info important to patentability

Question 20

Patent applications must be fired prior to:

Answer 20

Public use, sales, publications

Question 21

What do non-disclosure agreements typically include

Answer 21

• subject being discussed (what to not disclose)
• expiration date
• lawyer language

Question 22

What is an alternative to an NDA

Answer 22

a handshake agreement

Question 23

What does Clarkson want a patent to be

Answer 23

• something that companies will want to use enough to pay for
• something we can discover others using
• must not be criminal

Question 24

What are the types of patents

Answer 24

utility patents, design patents, and plant patents

Question 25

What are utility patents

Answer 25

ones you and I care about

Question 26

What are design patents

Answer 26

protects ornamental design (Have a D in the name)

Question 27

What are plant patents

Answer 27

Patents with PP in the number (mostly about plants and organic matter)

Question 28

What are the elements of a patent

Answer 28

- detailed description of the invention - figures - claims - Abstract - background - summary

Question 29

What do claims do in a patent application

Answer 29

- define the boundaries of the invention - not required in a provisional patent application but good to have

Question 30

What does a claim include

Answer 30

- a single sentence that: contains a few essential elements of the invention but the totality must be unique - defines the intellectual property claimed

Question 31

How is a powerful claim defined

Answer 31

Broadly

Question 32

What are the parts of a claim

Answer 32

a (subset of an invention title) element 1; element 2; relationship between element 1 and 2; element 3; element 4.

Question 33

Provisional patent application

Answer 33

detailed description of the invention that can be prepared by inventor - establishes the filing date - low cost - after 12 months it is abandoned unless a utility patent is filed

Question 34

Who owns the invention

Answer 34

the inventor or employer if inventor signs it over to them

Question 35

Who is an inventor

Answer 35

someone who made a substantive inventive contribution to one or more of the invention claims

Question 36

who is not an inventor

Answer 36

someone who: - wrote software for an already completed program design - implemented detailed specs - ghostwrote patent application - you owe a favor

Question 37

What are other names for patent trolls

Answer 37

- non practicing entity - patent assertion entity - patent holding company - patent trolls

Question 38

What is a patent Troll

Answer 38

corporation that owns patent but dont make a product or sell service involving the patents; just make $ through licensing + lawsuits

Question 39

Where is a patent valid

Answer 39

only in the country of filing

Question 40

What questions commonly arise in patent litigation

Answer 40

- does the defendant infringe - are the claims valid - what are the damages

Question 41

What is an office action

Answer 41

communication from the patent office with issues corresponding to the patent

Question 42

How to respond to an office action

Answer 42

seperate into examiner was correct about this: and The examiner was mistaken about this and then send it to lawyer to turn into better language

Question 43

What did charles kettering say

Answer 43

a problem well stated is a problem half solved

Question 44

What is criteria

Answer 44

attributes of a theoretically ideal invention - means of evaluating a target -

Question 45

What are the elements of an invention system

Answer 45

- invention itself - users of the invention - environmental conditions in which the inventions operate - other interested parties

Question 46

How to create great ideas

Answer 46

Have a lot of goddam ideas

Question 47

What is axiomatic design

Answer 47

an approach to project development that tries to generate the best solution to a proposed problem

Question 48

3D printing

Answer 48

GETS REALLY FUCKING HOT DONT TOUCH

Question 49

Things to consider in why your invention is worth patenting

Answer 49

- advantages v.s. competition - drawbacks v.s. competition - target market - ballpark estimates of cost/price

Question 50

Who is on your inventing team

Answer 50

teammates + chatgpt/ai

Question 51

What did google learn about common behaviors of a perfect team

Answer 51

- team members spoke in same proportion - high average social sensitivity