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Question 1
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...
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Incorrect!
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Correct Any federal district court can hear a case involving intellectual property law and any of the Circuit Courts of Appeals may hear appeals of intellectual property cases. However, decisions made by the judicial branch of the United State Patent and Trademark Office are appealed directly to the United States Court of Appeals for the Federal Circuit. Agency determinations are not binding in federal court and state case law will be sparse since federal courts have exclusive jurisdiction in intellectual property cases.
Incorrect! Any federal district court can hear a case involving intellectual property law and any of the Circuit Courts of Appeals may hear appeals of intellectual property cases. However, decisions made by the judicial branch of the United State Patent and Trademark Office are appealed directly to the United States Court of Appeals for the Federal Circuit. Agency determinations are not binding in federal court and state case law will be sparse since federal courts have exclusive jurisdiction in intellectual property cases.
Question 2
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?
Correct The Board of Patent Appeals and Interferences is a judicial structure within the USPTO, to which denials of patent applications can be appealed. These actions cannot be appealed to federal court unless the appeal to the Board of Patent Appeals and Interferences was tried and was unsuccessful.
Incorrect! The Board of Patent Appeals and Interferences is a judicial structure within the USPTO, to which denials of patent applications can be appealed. These actions cannot be appealed to federal court unless the appeal to the Board of Patent Appeals and Interferences was tried and was unsuccessful.
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Incorrect!
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Incorrect!
Question 3
The Library of Congress serves which of the following functions?
Correct The Library of Congress is not a government agency and has no judicial authority. It does, however, serve to house a copy of every work that is registered with the U.S. Copyright Office.
Incorrect! The Library of Congress is not a government agency and has no judicial authority. It does, however, serve to house a copy of every work that is registered with the U.S. Copyright Office.
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Incorrect!
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Question 4
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?
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Correct If the President agrees to enter into an agreement with a foreign county (an 'Executive Agreement'), that agreement has the force of federal law, except that it is automatically overridden by any inconsistent federal law.
Incorrect! If the President agrees to enter into an agreement with a foreign county (an 'Executive Agreement'), that agreement has the force of federal law, except that it is automatically overridden by any inconsistent federal law.