Biomedical Engineering - Brevetti e Proprietà Industriale

Full exam

1 Patents and IP Management – June 13, 202 2 ( Prof. Franzoni ) Last name_____________ First Name ___________________ ___ 1) Patents c onfer the right to exclusivity a) With limits in time and breadth b) With limits in geographic areas c) With limits in ownership (max 5 owners) d) Answers a - b are both correct e) Answers b - c - d are all correct 2 ) Based on your understanding of the economic rationale of patents, why are patent s temporary? a) Because patents create a monopoly and monopolies are inefficient (produce less than the maximum capacity) b) Because patents expire as soon as the technology is obsolete c) Because patents are given to the first to invent d) Because patents are given to the first to file 3 ) Indicate the WRONG claim a) When designing IP protection mechanisms we should take into account both the private and public interest b) Prizes for innovation may be an alternative way to incentivize inventions c) A main p roblem of prizes is that they may block cumulative inventions d) A main problem of prizes is to fix their price 4 ) A patent application is in the SECRECY PERIOD .. a) During the priority year (12 months) b) During 18 months since the filing c) During 18 months since filing, but only if it is granted . If it is rejected , it stops being secret d) Until it expires (maximum 20 years ) 5) Do the exclusivity rights provided by IP s arise since the very moment of the invention/creation? a) NO for patents and NO for copyrights b) NO for patents and YES for copyrights c) YES for patents and NO for copyrights d) YES for patents and YES for copyrights 6) Which of the following is NOT deemed industr ially applicable at the EPO a) Processes, methods, uses b) Design systems c) Computer algorithms d) Genetically - modified organisms 7) Copyrights are internationally regulated a) By the Berne Convention (1886) b) By the Paris Conven t ion (1883) c) By both the above conventions d) By the TRIPS (2001) agreement 8) The requirements to patent are: a) Industrial applica tion , Novelty, Inventive step, S ufficien cy of disclos ure , Licitness b) Creativity, Novelty, Inventive step, Sufficiency of disclosure, Licitness c) Industrial application, Novelty, Inventive step, Sufficiency of disclosure, Being n on - natural d) Industrial application, Novelty, Inventive step, Being n on - natural , Licitness 9) A genetically - modified rodent (e.g., a mouse ) .. a) Cannot be patented because it is a superior animal b) Can be patented, provided that there is no suffering of the animal involved c) Can be patented, provided that the suffering of the animal is justified in view of the social benefits d) Can be patented because it is not a microorganism 10) The cover of a song (e.g., Beggin’ from the Maneskin ) in principle is .. a) Not copyrightable , because it is a copy of prior work b) A new copyrightable creation, provided that there is sufficient inventive step c) Always copyrightable, because the execution from a different band makes it by - default a novel creation d) Always copyrightable, as all derivat ive works. 11) Which of the following CANNOT be a protected community design? a) words in a standard typeface b) computer icons c) packaging d) parts of products 12) Indicate the WRONG statement a) P atents last a maximum of 20 years b) R egistered community designs last a max of 25 years c) Trademarks last a maximum of 70 years d) U tility model patents last a max of 10 years 2 13) Industrial secrets a) Are not a type of IP right b) Are useful especially to p r otect pr oducts that go out in the market c) Are a type of IP, but are n ot legally enforceable in court s d) Are a type of IP and are enforceable in court s , if the owner had taken adequate precaution to preserve secre cy a nd someone tries to steel them 14) If you wish to patent in Italy, Germany, UK, USA, Japan and China, you can: a) File in Italy, then extend to each office one - by - one b) File at the EPO, then extend to USA, Japan and China c) File a PCT application at the WIPO and designate the above countries d) All of the above are possible 15) Search reports of the European Patent Office: a) Are always published after a patent is granted b) Are pu blished only in case an ' osition' is filed against the patent c) Are always published in A1 and A3 documents d) Are always published in A2 documents 16) The main advantage of the WIPO procedure is a) It costs less than other procedures b) You can wait up to 32 mon ths to designate countries c) You can postpone the exam of 32 months d) You can have the exam done in multiple offices at the same time 1 7 ) The opposition is a special procedure available a) Only at the EPO b) Only at the WIPO c) Only at the USPTO d) Only at the EPO and USPTO 18) T he advantage ( s ) of the Unitary Patent is (are) : a) It will cost less than the EPO procedure b) The exam will be valid for all member countries c) There will be a single court deciding on legal cases after the patent is grant d) You can wait up to 32 months before de signating the countries e) Answers a - b - c are correct f) All the above answers are correct 19) Indicate the CORRECT meaning of the word used in patent documents a) In ventor = the person or legal entity that files the patent application b) P atent attorney = the person or legal entity that files the patent application c) A pplicant = the person or legal entity that files the patent application d) A ssigne e = the person or legal entity th at files the patent application 20) If you wish to identify potential licensors by using patent data analysis, you can .. a) Search among the companies which filed oppositions against your patent b) Search among the companies that have cited your own patent in their applications c) Search among the assignees of patents in the same CPC class d) Search among the assignees of patents with similar keywords 21) In his article on 5G licensing, D.J. T eece claims: a) Patents counts are a good and unbiased metric to foresee 5G technological leadership. b) Patents counts are noisy and biased and are NOT a good metric o f 5G technological leadership. c) C itation counts are a good and unbiased metric to foresee 5G technological leadership. d) The top managers do NOT need to oversee the 5G leadership race, as this is largely determined by now . 22) The comparison between Hilton and AirBnB seen in class evidences : a) The importance of digital investments in companies b) The importance of tangible assets in e nhaning company value c) The importance of intangible assets in enhancing company value d) The volatility of capitalization with digital asset s 23) When you license an invention, you a) Temporarily give away ownership of the invention b) Retain the rights to use and temporarily give away ownership of the invention c) Retain ownership and temporarily give away the rights to use the invention d) None of the above 2 4 ) Litigations a) Have increased recently b) Are expensive but quite rare c) Are expensive but have not increased recently d) The answers a - b are both correct 3 2 5 ) With regard to counterfeit consumption.. a) Unprimed market means that consumers buy in bad faith, knowing that the product is fake b) Unprimed market means that consumers buy in good faith, believing that the product is authentic c) Primary market means that consumers buy in bad faith, knowing that the product is fake d) Primary market means that consumers buy in good faith, believing that the product is aut hentic 2 6 ) Indicate the CORRECT word to denote IP violations a) Plagiarism indicate s violation s of p atent s b) Plagiarism indicate s violation s of copyright s c) Infringement indicate s violation s of copyright s d) Counterfeit indicate s violation s of patent s 27) Indicate the CORRECT claim a) When consumers buy a counterfeit in bad faith, there is a clear damage for the IP owner b) When consumers buy a counterfeit in bad faith, there is a clear damage for the consumer c) When consumers buy a counterfeit in bad faith, there is NO clear damage for the IP owner d) None of the above is correct 28) I ndicate the WRONG claim . a) Indian pharmaceutical companies have aggressively pursued profit in developing countries. b) In the PHARMACEUTICAL industry p atents are absolutely critical. c) In the PHARMACEUTICAL industry p atent infringements are strongly e nforced. d) In the PHARMACEUTICAL industry, t he need to incentivize R&D with patents ha s to be balanced with the human health right s . 29) The IP valuation methods.. a) Are 2 and used in combination b) Are 2 and used alternatively c) Are 3 and used in combination d) Are 3 and used alternatively 30) The main drawback of the MARKET method in IP valuations is that .. a) The costs are forecasted and can be wrong b) The cash flows are forecasted and can be wrong c) Both of the above are correct d) None of the above is correct 31) In the PHARMACEUTICAL industry, patents are primarily used: a) To manage an open ecosystem b) To create partnerships with others c) To prevent from copying d) To negotiate a space in the industry that allows them to use the patents of competitors without being sued 32) In the MOBILE PHONE production industry, patents are primarily used: a) To manage an open ecosystem b) To create partnerships with others c) To prevent from copying d) To negotiate a space in the industry that allows them to use the patents of competitors without being sued 33) Tesla, in the ELECTRIC CARS industry, uses patents primarily: a) To manage an open ecosystem b) To create partnerships with others c) To prevent from copying d) To negotiate a space in the industry that allows them to use the patents of competitors without being sued 34) Based on your knowledge of how patents are used in practice, you believe that ... a) Patents are generally a very effective way to prevent copy in all industries/markets b) The primary use of patents is to make intangible assets visible in the balance sheets in all industries c) Patents are NOT very effective to prevent copy in the majority of industries, but companies still use patents also for other reasons d) Patents are predominantly used to regulate ecosystems in all industries 35) You are a manager using the Portfolio Matrix . You have an IP asset that is OUTSIDE of your company core business . You should : a) Investigate if it is important for the competitors or suppliers and, if so, try to sell or licensed it (cash cow), otherwise discard it (dog) b) Discard it and avoid incurring the maintenance costs (dog) c) Sell or license to competitors or suppliers (cash cows) d) Investigate if it is important for the competitors or suppliers and, if so, keep it for the future (qu estion mark) 36) The case of Galvani Microelectronics, in which t wo companies cooperate and share their IPs a) Is an example of a closed IP strategy b) Is an example of a semi - closed IP strategy c) Is an example of an open IP strategy d) None of the above