Governing Law, Courts and Agencies Self-Quiz

 

 

 

 

 

 

When looking for case law in the process of researching case law for an intellectual property issue, a good place to find binding case law is ?
Choice 1 State cases in the state in which the issue arose.
 Choice 2 Agency determinations made by the USPTO.
Choice 3 Agency determinations made by the US Copyright Office.
Choice 4 Decisions relating to intellectual property cases from the U.S. Court of Appeals for the Federal Circuit.
George invents the ?annoying ray,? which, when properly used, emits a ray of light that instantly annoys anyone who sees it. George applies to the USPTO for patent protection for the process under which the annoying ray is developed. The USPTO denies his application on the ground that the invention is not ?useful.? How should George go about challenging this decision, if he wants to do so?
Choice 1 He should appeal the USPTO’s decision to the Board of Patent Appeals and Interferences.
Choice 2 He should appeal the USPTO’s decision directly to the U.S. Court of Appeals for the Federal Circuit.
 Choice 3 He should file an action in state court, asking for a writ of habeas corpus.
 Choice 4 He should appeal directly to any federal court with jurisdiction over the subject matter of the case.
The Library of Congress serves which of the following functions?
Choice 1 Keeping copies of copyrighted works on file.
 Choice 2 Hearing grievances against the U.S. Copyright Office.
 Choice 3 Serving as the local public library for Washington, D.C.
 Choice 4 All of the above.
In 2016, the President of the United States makes an agreement with the President of Mexico that, henceforth, all American patents will be binding in Mexican courts and all Mexican patents will be binding in American courts. In 2017, Congress passes a law stating that foreign patents cannot be enforced in federal courts. Which of these two controls?
Choice 1 The Executive Agreement, because foreign policy is left to the discretion of the President.
Choice 2 The Executive Agreement, because it occurred before the Act of Congress.
 Choice 3 The Act of Congress, because federal law trumps a contrary Executive Agreement that has not been ratified.
 Choice 4 The Act of Congress, because it was passed after the Executive Agreement; thus, in effect, repealing it.

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