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Exams MIP > Patent law > Flashcards

Patent law Flashcards

1
Q

Who grants European patent?

A

EPO

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2
Q

Which sentence is true:

A

European patent can be validated in Morocco

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3
Q

PCT establishes the procedure for:

A

obtaining national patents in countries designated by applicant

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4
Q

The procedure before the EPO could be carried out in

A

French, German and English

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5
Q

1977, Budapest Treaty serves as:

A

an aid in the disclosure of an inventions comprising microorganisms

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6
Q

True or False

1977, Budapest Treaty serves as: a tool for patent classification

A

False

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7
Q

True or False

1977, Budapest Treaty serves as: a legal instrument facilitating obtaining patent protection at international level

A

False

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8
Q

True or False

1977, Budapest Treaty serves as: an aid in the disclosure of an inventions comprising microorganisms

A

True

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9
Q

True or False

The procedure before the EPO could be carried out in French, German and English

A

True

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10
Q

True or False

The procedure before the EPO could be carried out in Spanish, German and English

A

False

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11
Q

True or False

The procedure before the EPO could be carried out in English only

A

False

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12
Q

True or False

PCT establishes the procedure for: obtaining international patent valid all over the world

A

False

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13
Q

True or False

PCT establishes the procedure for obtaining international patent granted by WIPO

A

False

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14
Q

True or False

PCT establishes the procedure for: obtaining national patents in countries designated by applicant

A

True

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15
Q

True or False

Which sentence is true EPC is a part of the acquis communautaire

A

False

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16
Q

True or False

Which sentence is true: EPC does not contain substantive law provisions

A

False

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17
Q

True or False

Which sentence is true: European patent can be validated in Morocco

A

True

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18
Q

True or False

Who grants European patent? WIPO

A

False

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19
Q

True or False

Who grants European patent? EPO

A

True

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20
Q

True or False

Who grants European patent? ARIPO

A

False

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21
Q

Patent law in the EU:

A

is partly harmonised in some areas of patent law

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22
Q

Please indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU:

A

broader territorial scope of patent protection at higher costs comparing to European patent

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23
Q

True or False

lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: broader territorial scope of patent protection at higher costs comparing to European patent

A

True

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24
Q

True or False

lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: possibility to obtain the EU-wide patent protectio

A

False

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25
Q

True or False

lease indicate answers which are false, when you consider unitary patent as a new tool for a patent protection in the EU: easier access to wide patent protection in the EU

A

False

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26
Q

True or False

Patent law in the EU: contrary to other fields of IP law (e.g. trademark law, design law) has not been harmonised yet

A

False

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27
Q

True or False

Patent law in the EU: is partly harmonised in some areas of patent law

A

True

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28
Q

True or False

Patent law in the EU: is fully harmonized due to existing a patent regulations and directives

A

False

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29
Q

The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to

A

25.05.2017 in the second case and 21.06.2018 in the third case

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30
Q

Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case:

A

the novelty of the invention has been lost

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31
Q

An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application?

A

Yes

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32
Q

A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent:

A

can be granted for the next (second) medical use of that substance

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33
Q

True or False

A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent: cannot be granted due to lack of novelty

A

False

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34
Q

True or False
A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent: can be granted for the first medical use of that substance

A

False

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35
Q

True or False

A medical substance has been used in flu treatment for ten years. Then the new use of this substance for hypothermia treatment has been invented. The patent: can be granted for the next (second) medical use of that substance

A

True

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36
Q

True or False

An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application? Yes, providing that he did not disclose the invention meanwhile

A

False

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37
Q

True or False

An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application? No

A

False

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38
Q

True or False

An inventor has submitted the patent application to German patent office on May 21, 2017 then he withdrew the application after six months. Nonetheless, he applied for the patent covering the same subject in Poland on April 20, 2018. Is it possible for him to claim the priority resulting from the first application? Yes

A

True

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39
Q

True or False

Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case:
This was the correct answer
the novelty of the invention has been lost

A

True

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40
Q

True or False

Former employee unaware of misuse of confidential information has disclosed the details of invention. In this case: the novelty of the invention has not been lost since this is the sort of non-prejudicial disclosure

A

False

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41
Q

True or False

The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to 25.05.2017 in all three cases

A

False

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42
Q

True or False

The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to 20.02.2018 in the second case and 21.06.2018 in the third case

A

False

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43
Q

True or False

The patent application was filed in Poland on May 25, 2017. Later the same person has filed a patent application for the same subject in Spain on February 20, 2018, claiming the priority. Then the same applicant filed the application for the same invention on June 21, 2018 in Canada, claiming the priority again. The novelty should be assessed as to 25.05.2017 in the second case and 21.06.2018 in the third case

A

True

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44
Q

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined?

A

Germany as the country where the employee is mainly employed

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45
Q

True or False

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined?
This was the correct answer
Germany as the country where the employee is mainly employed

A

True

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46
Q

True or False

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? France as the country where the invention was created

A

False

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47
Q

True or False

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? The UK as the country where the invention was created

A

False

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48
Q

True or False

Mr Hans Mauritz is a US national employed by a German company based in Munich and having its laboratories in the UK and France, established and operated under the relevant national laws. Mr Mauritz spent 6 months working during an internship in each of the laboratories where he has developed an invention for which a European patent has been granted. Under the national laws of which country should the right to this invention be determined? The US as the country of the origin for the employee

A

False

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49
Q

The aim of the interpretation of a patent claims is:

A

identification of the subject matter of an invention and the scope of the granted protection

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50
Q

When determining patent infringement of a European patent:

A

Not only those features which are repeated literally in the allegedly infringing invention but also those which are obvious equivalences of the claimed features

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51
Q

Scope of a patent is determined by:

A

patent claims

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52
Q

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is:

A

a person skilled in the art

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53
Q

Choose, from the following list, two correct answers to the question: When a patent expires, it

A
  • passes into the public domain for free use

- can be exploited without a license from the patent holder

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54
Q

True or False
Choose, from the following list, two correct answers to the question: When a patent expires, it can be automatically turned into a so-called Specific Patent Certificate (SPC)

A

False

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55
Q

True or False
Choose, from the following list, two correct answers to the question: When a patent expires, it passes into the public domain for free use

A

True

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56
Q

True or False
Choose, from the following list, two correct answers to the question: When a patent expires, it can still be protected as a trade secret

A

False

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57
Q

True or False
Choose, from the following list, two correct answers to the question: When a patent expires, it can be exploited without a license from the patent holder

A

True

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58
Q

True or False

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: a person skilled in the art

A

True

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59
Q

True or False

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: an average user of a patented technology

A

False

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60
Q

True or False

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: a patent holder

A

False

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61
Q

True or False

The relevant point of reference for interpreting patent claims for the purpose of determining the scope of a patent is: the judge resolving a patent infringement dispute

A

False

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62
Q

True or False

Scope of a patent is determined by: patent claims

A

True

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63
Q

True or False

Scope of a patent is determined by: description and drawings

A

False

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64
Q

True or False

Scope of a patent is determined by: a patent office in the decision to grant a patent

A

False

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65
Q

True or False

Scope of a patent is determined by: the whole patent documentation

66
Q

True or False

When determining patent infringement of a European patent: equivalent technical features are considered in exceptional cases

67
Q

True or False

When determining patent infringement of a European patent: decisions in this regard are taken by a national court on a case-by-case basis

68
Q

True or False

When determining patent infringement of a European patent: there is no legal ground for using the theory of equivalence

69
Q

True or False

When determining patent infringement of a European patent: Not only those features which are repeated literally in the allegedly infringing invention but also those which are obvious equivalences of the claimed features

70
Q

True or False

The aim of the interpretation of a patent claims is: identification of the subject matter of an invention and the scope of the granted protection

71
Q

True or False

The aim of the interpretation of a patent claims is: merely assessment of the patentability of an invention

72
Q

True or False

The aim of the interpretation of a patent claims is: merely a determination of the scope of a patent

73
Q

True or False

The aim of the interpretation of a patent claims is: one of the answers is correct

74
Q

a research exemption

A

elimination of barriers for research activities

75
Q

a Bolar exemption

A

a quicker patient’s access to cheaper generic drugs

76
Q

a pharmacist exemption

A

a protection of public health

77
Q

a transit exemption

A

a promotion of the international commerce

78
Q

The German manufacturer of medical products produced and advertised the patented active substance solifenacin succinate on its website, as well as supply some amount of the substance to a French manufacturer of generic drugs who needed the substance for tests and trials needed for a regulatory review. The patent-owner of the patented substance sued the company in Germany where is was patented. According to manufacture’s defence, advertising and offering APIs was excluded from patent infringement under national Bolar provision, as acts covered by the regulatory exemption. According to the European case law: defence:

A

these acts should be considered as a patent infringement as acts not undertaken by testing entity itself, which has a direct interest in obtaining market approval for the generic drug,

79
Q

Under a “pharmacy exemption”, a pharmacist can prepare larger quantity of a patented medicine in order to sell it to number of individual patients in accordance with a medical prescription

80
Q

A patent exemption should be understood as a limitation of a patent monopoly not as own right of a third party to exploit a patented invention

81
Q

In Europe, third parties are allowed to use patented computer programs for decompilation and interoperability

82
Q

Prior user of a patented invention can defend himself against patent infringement claim

83
Q

Prior user of a patented invention can claim a patent infringement in case of unauthorised use of such invention by third party

84
Q

Prior user of an invention can use of patented invention on the basis of a royalty-free license

85
Q

Patent enforcement is primarily the domain of:

A

Civil/commercial litigation

86
Q

Courts of which country usually have jurisdiction to hear a patent dispute ?

A

Courts of the country where the infringement occurred

87
Q

A preliminary injunction in patent litigation:

A

Neither of the above is correct:

May never be granted ex parte
Is final and cannot be appealed
Replaces the permanent injunction that could be granted after a full trial and thus makes it redundant

88
Q

Typical defences in patent litigation include:

A

Invalidity of the patent

89
Q

Patent litigation is different from other types of litigation in that:

A

It requires technical expertise

90
Q

Laws of civil procedure applicable in patent litigation:

A

Have not been harmonised in the EU

91
Q

Remedies for patent infringement do not include:

A

Compensation for pain and suffering

92
Q

Bifurcation in the context of patent litigation means that:

A

Courts seized with an infringement case cannot revoke the patent as this is the exclusive competence of the relevant patent office

93
Q

True or False

Bifurcation in the context of patent litigation means that: The court seized with an infringement case must issue two alternative rulings: one for the assumed validity of the patent in question and one for the event it were to be revoked.

94
Q

True or False

Bifurcation in the context of patent litigation means that: Should the issue of validity arise, the question of infringement is also transferred from the court to the competent patent office

95
Q

True or False

Bifurcation in the context of patent litigation means that: Courts seized with an infringement case cannot revoke the patent as this is the exclusive competence of the relevant patent office

96
Q

True or False

Bifurcation in the context of patent litigation means that: The validity of the patent and the issue of infringement must be decided by the same court

97
Q

True or False

Remedies for patent infringement do not include: Compensation for pain and suffering

98
Q

True or False

Remedies for patent infringement do not include: Account of profits

99
Q

True or False

Remedies for patent infringement do not include: Damages

100
Q

True or False

Remedies for patent infringement do not include: Injunctions

101
Q

True or False

Laws of civil procedure applicable in patent litigation: Have been thoroughly harmonised in the EU

102
Q

True or False

Laws of civil procedure applicable in patent litigation: Are usually specific for this type of cases

103
Q

True or False

Laws of civil procedure applicable in patent litigation: Have not been harmonised in the EU

104
Q

True or False

Laws of civil procedure applicable in patent litigation: Result directly from international agreements

105
Q

True or False

Patent litigation is different from other types of litigation in that: It is usually less expensive

106
Q

True or False

Patent litigation is different from other types of litigation in that: It requires technical expertise

107
Q

True or False

Patent litigation is different from other types of litigation in that: There is a very limited set of remedies plaintiffs may seek

108
Q

True or False

Patent litigation is different from other types of litigation in that: Proceedings can be ex parte

109
Q

True or False

Typical defences in patent litigation include: The fact that the scale of infringement is limited

110
Q

True or False

Typical defences in patent litigation include: The fact that the defendant is an SME

111
Q

True or False

Typical defences in patent litigation include: Lack of use of the invention

112
Q

True or False

Typical defences in patent litigation include: Invalidity of the patent

113
Q

True or False

A preliminary injunction in patent litigation: Neither of the above is correct

114
Q

True or False

A preliminary injunction in patent litigation: Replaces the permanent injunction that could be granted after a full trial and thus makes it redundant

115
Q

True or False

A preliminary injunction in patent litigation: Is final and cannot be appealed

116
Q

True or False

A preliminary injunction in patent litigation: May never be granted ex parte

117
Q

True or False

Courts of which country usually have jurisdiction to hear a patent dispute ? Nowadays only the specialised patent courts such as the Unitary Patent Courts

118
Q

True or False

Courts of which country usually have jurisdiction to hear a patent dispute ? Any court, regardless of any other connecting factors

119
Q

True or False

Courts of which country usually have jurisdiction to hear a patent dispute ? Courts of the country chosen by the plaintiff

120
Q

True or False

Courts of which country usually have jurisdiction to hear a patent dispute ? Courts of the country where the infringement occurred

121
Q

The conditions for patent assignment are regulated in

A

National laws

122
Q

Patent assignment in order to be valid must be:

A

none of the answers is correct

123
Q

The definitive transfer could take place as to:

A

patents, patent applications, right to invention and priority

124
Q

True or False

The definitive transfer could take place as to: patent and patent application but never as to right to invention and priority

125
Q

True or False

The definitive transfer could take place as to: atents, patent applications and right to invention but never as to priority

126
Q

True or False

The definitive transfer could take place as to: patents, patent applications, right to invention and priority

127
Q

True or False

Patent assignment in order to be valid must be: none of the answers is correct

128
Q

True or False

Patent assignment in order to be valid must be: free of charge

129
Q

True or False

Patent assignment in order to be valid must be: recorded in patent registry

130
Q

True or False

Patent assignment in order to be valid must be: done in writing

131
Q

True or False

The conditions for patent assignment are regulated in National laws

132
Q

True or False

The conditions for patent assignment are regulated in European Patent Convention

133
Q

True or False

The conditions for patent assignment are regulated in TRIPS agreement

134
Q

Licensee is the person who

A

usually is obliged to pay royalties

135
Q

Under most national regulations the licensee may grant further licence (sublicence)

A

only with the prior consent of the licensor

136
Q

A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time

A

exclusive, full licence

137
Q

The sole licence means:

A

sort of exclusive licence with the possibility for patent holder to exploit the invention

138
Q

True or False

The sole licence means: sort of exclusive licence with the possibility for patent holder to exploit the invention

139
Q

True or False

The sole licence means: non-exclusive licence

140
Q

True or False

The sole licence means: open licence for every third party

141
Q

True or False

A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time exclusive, limited licence

142
Q

True or False

A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time non-exclusive, full licence

143
Q

True or False

A patent licence authorizing only one entrepreneur to sell the protected product without the specification of the time exclusive, full licence

144
Q

True or False

Under most national regulations the licensee may grant further licence (sublicence) only with the prior consent of the licensor

145
Q

True or False

Under most national regulations the licensee may grant further licence (sublicence) never

146
Q

True or False

Under most national regulations the licensee may grant further licence (sublicence) always

147
Q

True or False

Licensee is the person who is responsible for the maintenance of patent

148
Q

True or False

Licensee is the person who usually is obliged to pay royalties

149
Q

True or False

Licensee is the person who grants the permission to use invention

150
Q

Please indicate two correct answers to the question: Utility model protection is:

A
  • not available in all countries

- available more quickly

151
Q

The term of utility model protection:

A

varies from country to country

152
Q

A start-up company “Innov Future Co.” which has developed an innovative cardiovascular medical device tries to build an effective IP strategy for protection of its products. It has just started its activity and has very limited financial resources but actively looking for financing options. According to a company’s business strategy it should develop its production and sales activities within next 5-10 years based on its innovative, possibly long-life product. Which strategy would you recommend to Innov Future Co. as a strategy of “first choice” for its product?

153
Q

True or False

The term of utility model protection: is usually longer then patent

154
Q

True or False

The term of utility model protection: depends on how long utility model is kept secret

155
Q

True or False

The term of utility model protection: lasts 10 years

156
Q

True or False

The term of utility model protection: varies from country to country

157
Q

True or False

Please indicate two correct answers to the question: Utility model protection is: not available for patentable invention

158
Q

True or False

Please indicate two correct answers to the question: Utility model protection is: stronger then patent

159
Q

True or False

Please indicate two correct answers to the question: Utility model protection is: not available in all countries

160
Q

True or False

Please indicate two correct answers to the question: Utility model protection is: available more quickly

Exams MIP (4 decks)

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