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Foundations of Law
Patents, Trademarks & Copyrights
Patents Part 1
Utility, Novelty, Statutory Bar, & Nonobviousness

Question 1

In order to receive a patent, an invention must be:

Useful.

Correct

Incorrect!

Novel.

Correct

Incorrect!

Both useful and novel.

Correct Section 101 requires that an invention be 'new and useful' in order to receive patent protection.

Incorrect! Section 101 requires that an invention be 'new and useful' in order to receive patent protection.

Either useful or novel.

Correct

Incorrect!

Question 2

Duncan invents a pump which can be used to bring water from a bathroom sink to a special toothbrush holder. This cannot be patented because:

It is novel but not useful.

Correct

Incorrect!

It is useful but not novel.

Correct

Incorrect!

It is neither usefully nor novel.

Correct

Incorrect!

It is both useful and novel and therefore might be patentable.

Correct While this invention might not change the world, it does something, which is enough to satisfy the utility requirement. Assuming it's the first of its kind, it would also be novel.

Incorrect! While this invention might not change the world, it does something, which is enough to satisfy the utility requirement. Assuming it's the first of its kind, it would also be novel.

Question 3

The Tick is not very sophisticated and does not keep up with much of what goes on in the world. One day while experimenting with his tools he develops a drill bit which can be used to turn screws. This drill bit is:

Patentable by the Tick provided he has never seen anything like it before.

Correct

Incorrect!

Patentable by the Tick provided it adds something useful to an existing design.

Correct Although D may be true, the drill bit can be patented so long as it improves an existing design. That said, if it is identical to an existing product it is not 'novel,' even if it is novel to the Tick and therefore cannot be patented.

Incorrect! Although D may be true, the drill bit can be patented so long as it improves an existing design. That said, if it is identical to an existing product it is not 'novel,' even if it is novel to the Tick and therefore cannot be patented.

Not patentable by the Tick because the idea is not novel.

Correct

Incorrect!

Not patentable by the Tick because fictional animated superheroes cannot possibly invent anything useful.

Correct

Incorrect!

Question 4

A statutory bar is:

A drinking establishment outside the House of Representatives.

Correct

Incorrect!

A minimum threshold test which must be met before a patent application can be submitted to the PTO.

Correct

Incorrect!

A legislatively enacted rule which will prevent a patent from being granted.

Correct The statutory bars found in section 102 will prevent successful patent prosecution under certain conditions.

Incorrect! The statutory bars found in section 102 will prevent successful patent prosecution under certain conditions.

Part of the Statute Act which bars further amendments or changes to the Act without approval by the PTO.

Correct

Incorrect!

Question 5

In order to be patented, an invention must be nonobvious, which means:

Essentially the same thing as "novel."

Correct

Incorrect!

It cannot be something which would be obvious to people involved in a certain area.

Correct Section 103(a) establishes the nonobviousness requirement which is distinct from the novelty requirement. If the invention would be obvious to anyone involved in the same area as the inventor, there can be no statutory monopoly granted in the form of a patent.

Incorrect! Section 103(a) establishes the nonobviousness requirement which is distinct from the novelty requirement. If the invention would be obvious to anyone involved in the same area as the inventor, there can be no statutory monopoly granted in the form of a patent.

It cannot be something which would be obvious to people in general, even if certain skilled people would find it obvious.

Correct

Incorrect!

D-uh.

Correct

Incorrect!

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