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Michael876 Michael876
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Posts: 520
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6 years ago
What is a Markman hearing?
 
  What will be an ideal response?

Q. 2

What is patent prosecution?
 
  What will be an ideal response?

Q. 3

What are the requirements for obtaining a business method patent? Provide an example of a business method patent.
 
  What will be an ideal response?

Q. 4

Describe the requirements for patentability and what is considered non-obvious.
 
  What will be an ideal response?

Q. 5

Which of the following situations would not result in disciplinary action against an attorney?
 
  A. Committing an act involving moral turpitude, even though the act is not a crime
  B. Being a member of the Communist Party
  C. Letting someone else use his/her name as an attorney
  D. Appearing in court on behalf of a client without the client's authority
  E. None of the above

Q. 6

What are the international treaties governing trademarks?
 
  What will be an ideal response?

Q. 7

The lawyer should instruct the legal assistant to protect the confidences of a client. Which of the following statements are true?
 
  A. A legal assistant shall not, without consent of the attorney/employer, be examined about or disclose any information and privilege is established when a potential client has consulted an attorney prior to retaining the attorney and is maintained even though the client or attorney declines to representation
  B. Privilege is established when a potential client has consulted an attorney prior to retaining the attorney and is maintained even though the client or attorney declines to representation and it is necessary for a client to be involved in actual litigation for privilege to attach
  C. A legal assistant shall not, without consent of the attorney/employer, be examined about or disclose any information and it is necessary for a client to be involved in actual litigation for privilege to attach
  D. A legal assistant shall not, without consent of the attorney/employer, be examined about or disclose any information, privilege is established when a potential client has consulted an attorney prior to retaining the attorney and is maintained even though the client or attorney declines to representation, and it is necessary for a client to be involved in actual litigation for privilege to attach.
  E. None of the above
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wrote...
6 years ago
(Answer to #1)  In patent cases, a Markman hearing is a hearing where the court receives evidence and argument concerning the construction to be given to terms in a patent claim at issue. The namesake for a Markman hearing is the case Markman v. Westview Instruments, Inc., 52 F.3d 967, 98485 (Fed. Cir. 1995).

(Answer to #2)  Patent prosecution refers to the process of applying for a patent through the U.S. Patent and Trademark Office and negotiating with the patent examiner.

(Answer to #3)  A business method patents is subject to the same legal requirements for patentability as any other process or method. Figure 4.1 lists some sample business method patents.

(Answer to #4)  To receive a patent, the inventor must invent a new or useful process. The test of nonobviousness is whether the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. In Graham v. John Deere Co., 383 U.S. 1, 17-18, 86 S.Ct. 684, 15 L.Ed.2d 545 (1966), the U.S. Supreme Court set forth the non-obvious factors: (1) the scope and content of the prior art, (2) the differences between the prior art and the claims, (3) the level of ordinary skill in the relevant art, and (4) any objective indicia of non-obviousness such as commercial success, long felt need, and failure of others.

(Answer to #5)  A

(Answer to #6)  The Paris Convention, Madrid Protocol, and Trademark Law Treaty (TLT) are the leading international treaties dealing with trademarks.

(Answer to #7)  A
Michael876 Author
wrote...
6 years ago
Thank you for your assistance, again and again
wrote...
6 years ago
My pleasure
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