How much do you know about patents?

Almost every activity of the chemist is related to intellectual property, whether it is creating it, protecting it or exploiting it.  Patents are a cornerstone of intellectual property.  The difference between understanding and not understanding them can make a big difference, if not immediately, sometime in the future.  The following short quiz is designed to test some basic knowledge about patents.  For the answers, see below to be directed to the relevant part of the presentation, What a Chemist Needs to Know About Patent Law presented by the Committee On Patents and Related Matters and prepared by GalinaYakovleva, Valerie L. McDevitt and Marc A. McKithen.

1) Authority to grant patents comes from:

    1. Presidential decree
    2. British common law
    3. State legislation
    4. The U.S. Constitution

2) True or False: A patent gives the owner the legal right to use and exploit the invention.

3) The following cannot be patented:

    1. Chemical compounds
    2. Machines
    3. A law of nature
    4. Alloys

4)True or False: The first to conceive and diligently pursue his or her invention must also be the first to reduce the invention to practice to be entitled to patent rights.

5) Which of the following is NOT required for patentability?

    1. Novelty
    2. Technological superiority
    3. Non-obviousness
    4. Usefulness
    5. All of the above are required for patentability

6) True or False: Prosecution of a patent refers to action against infringers.

7) Which of the following is required of a Provisional Patent Application?

    1. At least one claim
    2. Examination by an attorney
    3. A specification and necessary drawings
    4. At least one example

8) True or False: A patent disclosure should NOT give enough information in itself for “a person of ordinary skill” in the field of the invention to make and use the invention, because otherwise people will copy it.

9) Which of the following is/are NOT required of a patent application?

    1. Claim(s)
    2. Detailed description of the invention
    3. Qualifications of the inventors
    4. Reference to related applications

10) Which of the following is/are reason(s) to disclose alternative embodiments?

    1. It helps prevent others designing around your patent
    2. It can provide “retreat positions” in claiming your invention
    3. It can broaden the scope of protection
    4. (a) and (c) above
    5. All of the above

11) True or False: As part of its mandate the USPTO is the final authority for denying a patent

12) True or False: A published patent application provides provisional rights against an infringer up to and including injunctions against the infringer.

13) All of the following are key considerations for technology transfer EXCEPT:

    1. Ability to define product
    2. Market size
    3. Scientific importance of discovery
    4. Ability to identify potential licensees
    5. Perceived industry value

14) All of the following are key factors determining the amount of license fees EXCEPT:

    1. Type of technology
    2. Scientific importance of discovery
    3. Market size
    4. Perceived risk
    5. Strength of patents

15) All of the following are forms of infringement EXCEPT:

    1. Direct infringement
    2. Coincidental infringement
    3. Infringement by inducement
    4. Contributory infringement

16) True or False: If a product copies the patent holder’s product, legally it must infringe.

17) Challenges to a patent include:

    1. Lack of novelty
    2. Failure to commercialize
    3. Inventors’ credentials
    4. All of the above

18) True or False: In patent litigation, a JUDGE determines what the patent claims cover.

19) The “discovery” phase of litigation includes all of the following EXCEPT:

    1. Expert deposition
    2. Document production
    3. Questioning of witnesses
    4. Markman hearing

20) Monetary relief in patent infringement cases can include:

    1. Actual damages
    2. Lost profits
    3. Reasonable royalties
    4. Penalties for willful infringement
    5. All of the above

21) Which of the following activities could a chemist (you!) be involved in during a patent litigation?

    1. To produce documents
    2. As a witness of fact at trial
    3. As an expert witness
    4. All of the above

 

Answers:

  1. “Constitutional Authority”
  2. “Not a Right to Practice”
  3. “Non-patentable Subject Matter”
  4. “Patents-Capturing Inventions”
  5. “Requirements for Patentability”
  6. “Patent Prosecution”
  7. “Types of Applications”
  8. “Procedure for Obtaining Patents”
  9. “Procedure for Obtaining Patents” and “Application – Order of Sections”
  10. “Procedure for Obtaining Patents”
  11. “Procedure for Obtaining Patents”
  12. “18 Month Publication of U.S. applications”
  13. “Criteria and Considerations For Technology Transfer”
  14. “Factors governing license fees and royalties”
  15. “Infringement”
  16. “Infringement”
  17. “Challenges To Patent”
  18. “How does the court decide these issues?”
  19. “What are the stages of litigation?”
  20. “Relief”
  21. “In what ways can YOU be involved in a patent litigation?”