PDD C16

Question 1

What are the 4 types of intellectual property?

Answer 1

1. Patent
2. Trademark
3. Trade secret
4. Copyright

Question 2

What is a patent?

Answer 2

• A temporary monopoly granted by a government to an inventor that prevents others from using an invention
• Most patents expire after 20 years
• Require formal application

Question 3

What is a trademark?

Answer 3

• The exclusive right granted by a government to use a specific name or symbol in association with a class of products or services
• Often brands or product names
• Trademarks are registered to preserve rights

Question 4

What is a trade secret?

Answer 4

• Information used in a trade or business that offers its owner a competitive advantage and that can be kept secret
• Not a right given by a government but by vigilance of an organization to keep the information private

Question 5

What is a copyright?

Answer 5

• An exclusive right granted by a government to copy and distribute an original work of expression (literature, graphics, music, art, entertainment, or software)
• Registration is possible but not necessary
• Begins upon the first expression of the work and last 70 years beyond the authors death or 95 years from publication with anonymous work

Question 6

What are the 3 types of patents?

Answer 6

1. Utility
2. Design
3. Plant

Question 7

What are design patents?

Answer 7

• Provide the legal right to exclude someone from producing and selling a product with the identical ornamental design described by the patent
• Design patents are of limited value for most engineered goods

Question 8

What are utility patents?

Answer 8

• Provide the legal right to exclude someone from producing and selling a product relating to a new process, machine, article of manufacture, composition of matter, or a new and useful improvement to one of these things

Question 9

What are the 3 criteria of a utility patent?

Answer 9

1. Useful: invention must be useful
2. Novel: invention is not known publicly or evident in existing products, publications, or other patents
3. Nonobvious: must not be an obvious invention to others of similar skill sets

Question 10

What are the 7 steps in obtaining a patent?

Answer 10

1. Formulate a strategy and plan
2. Study prior inventions
3. Outline claims
4. Write the description of the invention
5. Refine claims
6. Pursue application
7. Reflect on results and process

Question 11

What are the 3 aspects of formulating a strategy and plan?

Answer 11

1. Timing of filing the application
2. Type of application
3. Scope of application

Question 12

How are patent applications timed?

Answer 12

• US: within one year of the first public disclosure
• Rest: before any public disclosure or within a year of a US application
• Usually applied before public disclosure but some inventors wait to get more information to refine the product

Question 13

What are the types of applications?

Answer 13

1. Regular/provisional
2. Domestic/foreign

Question 14

What is the difference between regular and provisional applications?

Answer 14

• Provisional applications require only the applicant to fully describe the invention and adhere to all the requirements of a regular application
• Provisional patents allow the pursuit of other patents for a year

Question 15

What is the scope of an application?

Answer 15

• How many patent applications are needed based on invention classes
• How many inventors were involved

Question 16

What are the 3 key reasons for studying prior inventions?

Answer 16

1. Determine if an invention infringes on any existing patents
2. Determine the likelihood of being granted a broad patent
3. Develop background knowledge to craft novel claims

Question 17

How are claims outlined?

Answer 17

• Claims describe certain characteristics of the invention and are written in formal legal language and adhere to rules of composition
• List of the features and characteristics that make the invention unique and valuable

Question 18

What is the purpose of a description?

Answer 18

• Describes the invention in enough detail that someone with ordinary skill could implement the invention
• Marketing document promoting the value of the invention and the weakness in current solutions
• Must convince a patent examiner of the usefulness and non-obviousness

Question 19

What are the 7 main components of a description?

Answer 19

1. Title
2. List of inventors
3. Field of the invention
4. Background of the invention
5. Summary of the invention
6. Brief description of the drawings
7. Detailed description of the invention

Question 20

What are the claims?

Answer 20

• Set of numbered phrases that precisely define the essential elements of the invention
• Basis for all offensive rights

Question 21

How are claims written?

Answer 21

• Must adhere to mathematical logic
• Arranged into independent and dependent claims

Question 22

What are the 4 ways to pursue an application?

Answer 22

1. The team files a provisional patent application
2. Team files a regular patent application in the US
3. Team tiles a PCT application
4. The team defers application indefinitely