Patent Law

Question 1

Patent law is the primary means by which the government does what?

Answer 1

By which the gov promotes investment in and the development of new technologies and inventions

Question 2

Why is patent law under attack?

Answer 2

Critics assert that it acts as a tax on innovation

Question 3

The patent gives limited rights. which rights are limited?

Answer 3

Property rights

Question 4

What are the patent rights?

Answer 4

The holder has the right to exclude others from using the invention
the holder has positive rights to sell or license his invention

Question 5

Benefits of patents

Answer 5

Encourages an inventor to create by giving inventor exclusive rights
encourages inventor to develop, license and sell the invention
good for society as a whole

Question 6

Cons of patents

Answer 6

Monopoly on invention can be bad for society since people can be excluded from benefiting from a technology/invention

Question 7

2 main types of patents granted by US patent office

Answer 7

Design and Utility (more expensive)

Question 8

4 elements for claiming a patent

Answer 8

1. it must be the proper subject matter of a patent
2. it must be novel
3. useful
4. non obvious

Question 9

An invention is not patentable if

Answer 9

1. the invention was known to the public before the applicant filed for patent protection
2. the invention was described in a printed publication
3. the invention was described in apublished patent publication or issued patent that was filed before the applicant filed for patent application

Question 10

Diamond v. Chakrabarty. When and what?

Answer 10

(1980), was a United States Supreme Court case dealing with whether genetically modified organisms can be patented

In a 5–4 ruling, the court ruled in favor of Chakrabarty, holding that:

A live, human-made micro-organism is patentable subject matter under 35 U.S.C. § 101. Respondent’s micro-organism constitutes a “manufacture” or “composition of matter” within that statute.

Question 11

Budapest Treaty

Answer 11

International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

an international treaty signed in Budapest, Hungary, on April 28, 1977.

Question 12

What makes biotech patents complicated?

Answer 12

Ethical and moral considerations

Question 13

The following in particular shall not be regarded as inventions

Answer 13

(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
(d) presentations of information.

Question 14

What are the 2 main hallmarks of cancer?

Answer 14

1. Genetic and epigenetic changes

2. Microenvironment factors

Question 15

What are the Genetic and epigenetic changes in cancer

Answer 15

1. Self-sufficiency in growth signals
2. Insensitivity to growth-inhibitory signals
3. Evading programmed cell death
4. Limitless replication potential
5. Sustained angiogenesis
6. Invasion and metastasis

Question 16

What are the microenvironment factors in cancer

Answer 16

1. Immune evasion
2. Stress response
3. Stromal subversion
4. Cytokine factors

Question 17

What are the types of targeted cancer therapy?

Answer 17

1. Small molecule drugs
2. Monoclonal antibodies

Hormonal therapy
Signal transduction inhibitors
Gene expression modulators
Apoptosis inducers
Angiogenesis inhibitors
Immunotherapies