Intellectual Property & Patent Strategy Flashcards
7 cards from real CPI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Intellectual Property & Patent Strategy flashcards as text
What is a 'patent thicket' and why is it a concern for innovators?
Answer: A cluster of overlapping patents that can block entry into a technology space
A patent thicket is a dense web of overlapping patents in a technology area that makes it difficult for new innovators to commercialize products without infringing on existing IP.
Which type of patent application preserves a filing date while allowing the inventor 12 months to file a full non-provisional application?
Answer: Provisional application
A provisional patent application establishes an early filing date and gives inventors 12 months to file a full non-provisional application without entering examination.
In trade secret law, what is the key obligation a company must meet to maintain protection?
Answer: Take reasonable measures to keep the information secret
Trade secret protection requires that the owner take reasonable steps to maintain secrecy, such as using NDAs, access controls, and confidentiality policies.
What does the doctrine of 'prosecution history estoppel' prevent a patent holder from doing?
Answer: Reclaiming claim scope that was surrendered during patent prosecution
Prosecution history estoppel bars a patent owner from using the doctrine of equivalents to recapture subject matter that was surrendered during prosecution to obtain the patent.
When should an innovator consider using a trade secret strategy INSTEAD of filing a patent?
Answer: When the innovation is a manufacturing process that is difficult to detect externally
Trade secrets are preferable when the underlying innovation—such as an internal process—cannot be reverse-engineered, allowing indefinite protection without public disclosure.
What is a 'freedom to operate' (FTO) analysis?
Answer: An assessment of whether a company can practice its invention without infringing third-party patents
An FTO analysis evaluates whether a product or process can be commercialized without infringing on valid, enforceable patents held by others.
Under the America Invents Act (AIA), the U.S. patent system shifted to which priority standard?
Answer: First-inventor-to-file
The AIA, effective March 2013, transitioned the U.S. from a first-to-invent system to a first-inventor-to-file system, aligning it more closely with international standards.