Cyberlaw Thematic Activity
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Allegany College of Maryland *
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216
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Law
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Apr 3, 2024
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docx
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Cyber Law Thematic Activity #4
CYBER LAW THEMATIC ACTIVITY #4
1
Chapter 4: Patents and Trade Secrets in the Information Age
DIRECTIONS: For this Thematic Activity, you will type your response and analysis of the inquires presented. You should refer to Chapter 4: Patents and Trade Secrets in the Information Age
to determine the answer to each inquiry. This Cyber Law Thematic Activity is due on Saturday, February 17, 2024.
Utilize this document and submit your completed work through the assignment portal provided in Brightspace.
INQUIRIES:
1.
Define
the term patent
. Next, explain
the duration
or term
of a new patent. A patent is an intellectual property right granted by the U.S. Government to an inventor to exclude others from making, using, or offering for sale, or selling the inventions throughout the United States. Generally, the term of a new patent is 20 years from the date on which the application for the patent is granted. 2.
Identify
and define
the three basic types
of patents. Also, define
the meaning of a Business Method Patent.
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new improvements. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Business Method Patent are subject to the same legal requirements for patentability as any other process or methods.
Cyber Law Thematic Activity #4
CYBER LAW THEMATIC ACTIVITY #4
2
3.
The following is a hypothetical scenario associated with the chapter’s material. Please read the scenario and answer the question that follows:
HYPOTHETICAL SCENARIO/QUESTION:
ABC Corporation has developed a business method and software program for an Internet application. ABC Corporation has filed a patent application but the patent examiner has denied the application based on obviousness.
a)
Provide an explanation
of what is meant by the test of nonobviousness
as it relates to patents and which was established in the landmark Supreme Court case
of Graham v. John Deere Co. (1966)
.
The supreme court articulated several factors to be considered when determining nonobviousness. These factors, commonly known as the Graham factors, include scope and content of the prior art, this involves examining the existing knowledge and technologies relvant to the invention. 4.
From the hypothetical scenario in question #3, describe
the appeals process for ABC Corporation.
The appeals process typically involves the following steps: notice of appeal, appeal brief, examiner’s answer, oral hearing, decision by the PTAB, further appeals and litigation in federal court (if necessary).
5.
Describe
the process of how a company can protect trade secrets.
Identification of trade secrets, clearly identify and document the information that qualifies as a trade secret. Implement strict access controls, limit access to trade secrets to only those employees and contractors who need the information for their job responsibilities. Employee training and confidentiality afreements, conduct regular training sessions for employees about the importance of maintaining confidentiality.
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