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Question 1
Only new and useful machines are patentable because:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Machines are only one form of 'product' which is patentable, along with manufactures and compositions of matter. But in addition to products, patent law protects processes under section 101.
Incorrect! Machines are only one form of 'product' which is patentable, along with manufactures and compositions of matter. But in addition to products, patent law protects processes under section 101.
Question 2
A subservient patent is one which:
Correct
Incorrect!
Correct section 101 allows for patents on 'useful improvements' of existing patented products and processes, but only this improvement becomes the subject of the new patent. The new patent is said to be subservient to the original, dominant, patent.
Incorrect! section 101 allows for patents on 'useful improvements' of existing patented products and processes, but only this improvement becomes the subject of the new patent. The new patent is said to be subservient to the original, dominant, patent.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Laws of nature are not patentable because:
Correct The rule laid out in Morse still holds today, and was reiterated by the Supreme Court as recently as 1980 in Diamond v. Chakrabarty, 447 U.S. 303.
Incorrect! The rule laid out in Morse still holds today, and was reiterated by the Supreme Court as recently as 1980 in Diamond v. Chakrabarty, 447 U.S. 303.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Jesse is a horticulturist working for the local university. In his spare time, he works in the greenhouse attached to his home trying to develop new strains of tomato. If he manages to develop a new and useful strain, he can patent it because:
Correct
Incorrect!
Correct Under the Plant Patent Act of 1930 and the Plant Variety Protection Act of 1970 Jesse's new tomato strain could be patented, assuming he meets the general requirements for a patent through the PTO's patent prosecution process.
Incorrect! Under the Plant Patent Act of 1930 and the Plant Variety Protection Act of 1970 Jesse's new tomato strain could be patented, assuming he meets the general requirements for a patent through the PTO's patent prosecution process.