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Chapter 7 Self-test questions
Return to Intellectual Property Law Concentrate 4e Resources
Chapter 7 Self-test questions
Patents
Quiz Content
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Which of these statements about the European Patent Convention is true?
It provides for a single patent covering all member states
correct
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It is an EU treaty
correct
incorrect
It sets up the European Patent Office, which deals with the granting and enforcement of European patents
correct
incorrect
It harmonises the laws of the member states in relation to European Patents
correct
incorrect
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To apply for a patent, an inventor must:
File an application at a patent office which must comply with formal and technical requirements
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Draft the full specification of the patent they seek, which cannot be later amended
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Demonstrate that their invention works
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State the date on which the invention was first "reduced to practice"
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Which of the following statements about the excluded categories in s. 1 PA 1977 are true?
Anything that is not excluded is patentable
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Anything that is not excluded and is a patent for an "invention" is patentable
correct
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According to the EPO, the excluded categories are examples of non-technical subject-matter
correct
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According to the UK Court of Appeal, the inventive step and novelty of a patent must lie outside the excluded areas
correct
incorrect
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The patentability of biotechnological inventions is limited in which of the following ways?
Patents relating to human genes cannot be patented
correct
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Genetic sequences on their own cannot be patented
correct
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Inventions that cause suffering to humans or animals cannot be patented
correct
incorrect
Patents that relate to medical treatment cannot be patented
correct
incorrect
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A patent will be invalid for lack of novelty if:
Products falling within the claim were sold to the public before the priority date
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The process claimed was carried on commercially before the priority date
correct
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A description of the product (in the case of a product claim) was published before the priority date
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A video describing how to make the product claimed was published on the internet prior to the priority date
correct
incorrect
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An invention claimed in a patent is obvious if:
The skilled person could, without undue burden, have developed the claimed invention
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Once the skilled person had been directed to come up with a solution to the problem solved by the invention, she would have found the claimed invention
correct
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If the skilled person, working from a particular piece of prior art and bearing in mind common general knowledge, would have identified a problem to be solved and in solving it found the claimed invention
correct
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The prior art contains a clear signpost to seek developments in the area of the invention
correct
incorrect
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The linked legal concepts of support for claims and sufficiency of teaching govern the relationship between what is claimed and the content of the description. Which of the following statements about these requirements is incorrect?
The invention must be taught in an enabling fashion across the breadth of the claims
correct
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Provided one embodiment of the claim is taught, the requirements are met
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The description must distinguish the claims from the prior art
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The skilled person must be able, without due burden, to carry out the invention across the breadth of the claim
correct
incorrect
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Actavis v Eli Lilly
[2017]
Rejected the "doctrine of equivalents"
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Confirmed the previous UK approach to claim interpretation
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Modified the so-called "Improver questions" in a way which made UK law more clearly compliant with Art. 69 EPC
correct
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Held that claim interpretation required close attention to the literal wording of the claim
correct
incorrect
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You can infringe a patent by:
Making a product for your own personal use
correct
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Making different products to the invention in order to research their technical effectiveness
correct
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Selling the main components of the product, together with instructions how to assemble it using commonly available fastening components such as nuts, bolts, cable-ties and so on
correct
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Publishing drawings of the product on your website
correct
incorrect
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Which of the following statements about the action for groundless threats is true?
To be actionable, a threat must be in writing
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It is OK to threaten manufacturers or importers
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The threat is considered from the point of view of the skilled person receiving it
correct
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Only the person threatened may take action
correct
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