Chapter 19 study guide only:

7) Jack, a graphic artist, helps Jill prepare the drawings showing Jill's invention in Jill's patent application. Is Jack a joint inventor? Discuss.

8) What is the difference between an interference proceeding and a derivation proceeding under the AIA? Why are interference proceedings not used under the AIA?

9) Why should laboratory notebooks be kept?

10) An employer and an employee have not discussed who will own inventions invented by the employee. The employee has made a significant improvement to a machine. Who owns the improvement/invention? Does the other party have any rights? Would your answer be different if the employee was specifically hired to make the improvement? Discuss.

11) Kyle, an inventor, is considering entering into an agreement with an invention promoter to help him market his invention. Is there any way for Kyle to determine the track record of the invention promoter?

13) Pam, a patent owner, would like to borrow some money from a bank so she can open a store where she can sell her patented invention, which is her only asset. What might the bank require from Pam before it makes a loan to her so it can be secure that the loan will be repaid

Chapter 20 Study guide only:

7)What is the difference between direct and indirect infringement?

9) Rob would like to stop another from importing Rob's patented invention into the United States but does not wish to be involved in expensive and protracted litigation. What might Rob do?

10) Steven sells a common type of gasket over the Internet. Tom buys the gasket and is now accused of infringing a patent. Is Steven liable for contributory infringement? Discuss.

11) Why is drafting claims in a patent so important?

14) What effect does the AIA have on the ability of a defendant to assert that a plaintiff cannot recover for infringement due to its inequitable conduct during the prosecution of a patent?

15) When might a court award punitive damages in an infringement action?

16) What is the risk to a potential plaintiff that sends a demand letter to a party notifying the party that the party has infringed the plaintiff's patent?

17) In a patent infringement case, who determines the scope of the patent's claims? Why?

18) What is the purpose of a Markman hearing?

20) Vic allegedly infringed a patent in 2005. The patentee initiated a patent infringement action in 2012. What remedies are available to the patentee?