Fully respond to 10 of the questions below, including at least 3 from each section (Patents, Trademarks, Copyright). To earn full credit be sure to fully address each of the questions, write in complete sentences and each response should be at least 3 sentences.
Patents
–Government fees to file a U.S. patent application are relatively low. Why are these fees lower for small companies/entities than for larger ones? Are there any other costs associated with filing a patent application?
– Do patents stimulate innovation? If so, please explain how. Please provide three reasons to support your response.
– How did early patent systems fail to achieve technological-knowledge sharing? In what ways have countries’ political or economic systems affected the aims of patent systems?
– What is the difference between the patent-eligibility requirement for novelty and that for non-obviousness?
– What effect did the Alice case have on previously-granted patents? What are some examples of software programs or business methods that might meet one of the specific patentability criteria set forth in the Alice case?
Trademarks
–For an entrepreneur who is launching a business or product, what are the pros and cons of developing a trademark that is inherently distinctive versus one that is not inherently distinctive, but that may become distinctive?
– If the ultimate goal of intellectual property law is to balance the interests of business entities and the public, why can a Trademark exist forever/indefinitely, unlike with Patents and Copyrights, which expire after designated time limits?
– What are the benefits to businesses and consumers of being able to identify the source of a good or service?
– For an entrepreneur who is launching a business or product, what are the pros and cons of developing a trademark that is inherently distinctive versus one that is not inherently distinctive, but that may become distinctive?
– Suppose that a purse retail store brandished a famous logo, like the Chanel logo, on its store sign, and suppose that the sign incited consumers to enter the store in search of Chanel purses. What if the store carried no Chanel items, but instead carried a variety of purses designed and branded by the store’s private label. If consumers were to like one of the store-brand purses, and purchase it, 6 she would not be confused about the purse’s maker (i.e., she would know before buying that purse that it was not a Chanel purse). On the other hand, she would have never shopped at that store had the retailer not brandished a Chanel sign. Should Trademark la allow, or prohibit, such tactics by a retailer?
Copyright
–Why did the Founding Fathers deem Copyright protection to be so important that they provided for it in the U.S. Constitution?
– When publishing is costly, can be done only on a mass scale, and is cost prohibitive for individuals, are first-time authors in much position to retain ownership of their Copyrighted work, or to command much compensation in return for transferring that ownership? How is the Internet changing the “publishing” landscape?
– In what ways does the “Fair Use” doctrine serve the public good without unduly compromising the interests of Copyright owners? What are some examples of situations in which the Fair Use doctrine would apply?
– With regard to Copyright ownership, what provisions would an upstart graphic-design company consider including in an employment contract with hired graphic designers?
– What are some real-world examples in which Copyright holders would choose to provide Creative-Common licenses, rather than to preserve the full spectrum of Copyright protection?
