Study Guide Only:

Chapter 21

11)What is the Patent Prosecution Highway?

12)Why is isolated or purified DNA patentable? Why is it not unpatentable as a product of nature?

14) What is "defensive patenting"?

15) How does the AIA help with the problem of litigation by patent trolls or nonpracticing entities?

17) What is the chief advantage of the Patent Cooperation Treaty?

20) What is the Patent Prosecution Highway?

Chapter 22

8)Why is a published patent not considered to be a trade secret?

9) Why is the recipe for Coke protected under trade secret law rather than under patent law? What is the risk to the owner in protecting the recipe under trade secret law?

10) Can material known to a company's seven directors on its board of directors constitute a trade secret?

13) List the four specific areas or topics that an employment agreement should cover with regard to protection of confidential information.

14) Why are covenants not to compete strictly construed by courts? Why are they disfavored?

15) ABC, a cosmetics company, has imposed a covenant not to compete on one of its senior employees, prohibiting her from working for a competitor for one year within 20 miles of any of ABC's offices. Discuss whether you think such a covenant is valid.

17) Will has just submitted a screenplay for a movie to Paramount Pictures. The screenplay was unsolicited. Has Will lost all rights to the screenplay? Discuss.

18) ABC has a large booth at an annual computer software trade show. The booth includes brochures for ABC's next-generation software. Has ABC lost trade secret protection for the software? Discuss.

19) XYZ Corp. has sued David for misappropriation of its trade secret, but is highly reluctant to disclose the trade secret in court. What might a court do to protect the information?