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 the 'first sale doctrine' (also called patent exhaustion) in IP law?
Answer: A principle that limits a patent holder's rights to control resale of a product after an authorized first sale
The first sale doctrine holds that once a patent holder sells a product, they exhaust their patent rights in that item and cannot control its resale or subsequent use.
A company discovers that a key patent in its portfolio has a prior art problem. What is the most proactive IP strategy?
Answer: File for ex parte reexamination to strengthen the patent's validity
Ex parte reexamination allows a patent owner to proactively request USPTO review to overcome prior art issues, potentially strengthening the patent's validity before a challenge arises.
Which international agreement provides a streamlined process for filing patent applications in multiple countries simultaneously?
Answer: The Patent Cooperation Treaty (PCT)
The PCT allows inventors to file a single international application that can enter the national phase in over 150 countries, simplifying multi-country patent protection.
What is a 'patent troll' (or non-practicing entity, NPE) and what challenge do they pose?
Answer: A company that files patents without intent to manufacture, then monetizes them through licensing threats or litigation
NPEs acquire patents not to produce products but to generate revenue through licensing demands or litigation, often targeting operating companies with broad patent claims.
How does copyright protection differ from patent protection for software innovations?
Answer: Copyright protects the specific expression of code automatically; patents protect the underlying functional method and require filing
Copyright automatically protects the specific code expression upon creation, while patents protect the functional method or process and must be applied for and granted.
In a corporate IP strategy, what is the purpose of an 'IP audit'?
Answer: To identify all IP assets, assess their value, and find gaps or risks in the portfolio
An IP audit inventories a company's IP assets, evaluates their strategic and commercial value, and identifies portfolio gaps, risks, and licensing opportunities.
What is 'submarine patents' and why was the practice a concern before the AIA?
Answer: Applications that were kept pending for years while technology matured, then issued to surprise companies already using the technology
Under the old system, applicants could keep applications pending indefinitely; the AIA addressed this by requiring publication 18 months after filing and tying the term to the filing date.