Preview Questions Intellectual Property Lawyer | Role Specific Skill

Question 1: What is the difference between "exclusive" and "non-exclusive" licensing?

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Non-exclusive licensing provides the licensee with the right to use the IP only in certain geographic regions, while exclusive licensing applies globally

Non-exclusive licensing always includes royalty-free usage, while exclusive licensing requires payment for use

Exclusive licensing grants the licensee exclusive rights to the intellectual property, while non-exclusive licensing allows the IP owner to grant licenses to multiple parties

Exclusive licensing is only applicable to trademarks, while non-exclusive applies to patents and copyrights

Question 2: How does the "one-year grace period" function in U.S. patent law?

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The one-year grace period automatically extends the patent term by an additional year

The one-year grace period allows the inventor to file a patent application within one year of disclosing the invention without losing novelty

The one-year grace period does not apply to public disclosures made by third parties

The one-year grace period applies only to international filings under the Patent Cooperation Treaty (PCT)

Question 3: What is the function of the "USPTO's Trademark Electronic Search System (TESS)"?

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TESS allows for the automatic approval of trademarks

TESS allows users to search registered trademarks and pending applications to assess potential conflicts

TESS allows trademark holders to enforce their marks against infringers

TESS is used to register new trademarks and renew existing ones

Question 4: How does the "territoriality principle" apply in international licensing agreements?

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The territoriality principle is irrelevant in licensing agreements because IP protection is global

The territoriality principle limits the use of licensed intellectual property to specific countries or regions defined in the licensing agreement

The territoriality principle dictates that the IP owner must obtain permission from the licensee before using the IP in new markets

The territoriality principle only applies to patents and trademarks, not to copyrights or designs

Question 5: How does "geo-blocking" affect licensing and enforcement of IP rights?

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Geo-blocking is illegal under international trade agreements and cannot be enforced

Geo-blocking restricts access to licensed content based on geographic regions, and its enforceability depends on the licensing agreement and territorial rights

Geo-blocking automatically prevents infringement of IP rights in all countries, making enforcement unnecessary

Geo-blocking only applies to physical goods and does not affect digital content or services

Question 6: What is the key factor in determining whether a patent is valid under Intellectual Property Law?

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The patent must have a global market value

The patent must be commercially successful

The patent must be registered with a national IP office

The patent must be novel, non-obvious, and useful