The Scope of Protection Offered by Intellectual Property Law Self-Quiz








Which of the following is an example of intangible property?

Choice 1 A parcel of land.
Choice 2 $1,000 balance in a bank account.
Choice 3 A car.
Choice 4 A copyright on a published work.
Johnny comes up with a new invention called the “restroom” that he hopes will replace the outhouse in the near future. Which of the following steps, if any, does Johnny have to complete before he can be eligible to protect his idea through a patent?

Choice 1 He must build a physical prototype “restroom.”
Choice 2 He must prove that no one else has thought of the idea of a restroom.
Choice 3 He must commit his design to paper or to some other medium through which it can be viewed by others.
Choice 4 None of these are necessary.
The Wicked Witch sells Jack a book on how to build Gingerbread houses for $15.99. Later, Jack enrolls in an online course on how to build Gingerbread houses and so he does not need the book any more. He turns around and sells the book to Jill for $10.00. The Wicked Witch complains that Jack is underselling her book and thus costing her profits. Does the Wicked Witch have a right to stop the sale?
Choice 1 No, because it’s only one book, so it won’t make that big a difference in price.
Choice 2 No, because the Wicked Witch’s rights over the book were “exhausted” when she sold the book to Jack.
Choice 3 Yes, if The Wicked Witch holds a copyright on the book.
Choice 4 Yes, if The Wicked Witch holds a patent on designing gingerbread houses.

Which of the following is true of public policy concerns regarding intellectual property law?

Choice 1 Public policy generally plays a strong role in courts’ determinations in intellectual property cases.
Choice 2 Public policy may affect intellectual property cases, but usually does not.
Choice 3 Public policy may never affect intellectual property cases.
Choice 4 As a matter of course, intellectual property rules are against public policy.
Talbott Einstein works in a laboratory in Canada for twenty years and finally discovers that the addition of old cheese to a hydrogen bomb can quadruple the number of casualties that the bomb can cause. He applies to the U.S. Patent Office for a patent on the new ?cheesy bomb,? as Talbott likes to call it. Will Talbott be successful in seeking his patent?

Choice 1 Yes, because anything “under the sun” can be patented.
Choice 2 Probably yes, because public policy concerns usually don’t play roles in patent cases.
Choice 3 Probably not, because of strong public policy concerns are at issue in this case.
Choice 4 No, because federal law disallows patents in this case.

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