Ne 109 Review Quiz

The current Canadian patent system follows the "First-to-file" format. This means that the first person or entity to file a patent application for an invention will be granted the patent rights, regardless of who actually invented or conceived the invention first. This system prioritizes the act of filing the application over the actual invention date or use.

The main methods of attacking a patent are re-examination and impeachment. Re-examination involves requesting the patent office to review the patent and potentially invalidate it based on prior art or other grounds. Impeachment, on the other hand, involves challenging the validity of the patent in a court of law. Both methods aim to undermine the patent's validity and potentially lead to its dismissal or invalidation.

Business social practices are not typically considered a human resource plan concern because they primarily focus on the cultural norms, values, and ethical standards within the organization. While human resource plans may address aspects such as job descriptions, training requirements, and organizational layout to effectively manage and develop the workforce, they generally do not directly involve or govern business social practices.

The branches of the Canadian Government are Executive, Judicial, and Legislative. The Executive branch is responsible for implementing and enforcing laws, headed by the Prime Minister and the Cabinet. The Judicial branch interprets and applies the law, ensuring that it is fair and just, and is made up of the courts and judges. The Legislative branch is responsible for making laws, consisting of the Senate and the House of Commons. These three branches work together to ensure a separation of powers and a system of checks and balances in the Canadian government.

The different classifications of business structures are sole proprietorship, partnership, corporation, and co-operative. These classifications represent the various ways in which a business can be legally organized and structured. A sole proprietorship is a business owned and operated by a single individual. A partnership is a business owned and operated by two or more individuals who share the profits and liabilities. A corporation is a legal entity that is separate from its owners and offers limited liability protection. A co-operative is a business owned and operated by a group of individuals who work together for their mutual benefit.

The U.S. Bayh-Dole Act allows government funded non-profit institutions and universities to retain ownership of patents. This means that when these institutions receive government funding for research and development, they are able to retain the rights to any resulting inventions or discoveries. This encourages innovation and allows these institutions to commercialize their research, leading to potential economic benefits.

The correct answer is "Courts → Superior Courts → Appeal Courts → Supreme Court". This answer accurately represents the hierarchical format of the Canadian court system. The lower courts are referred to as "Courts," the next level is the "Superior Courts," followed by the "Appeal Courts," and finally, the highest level is the "Supreme Court." This progression reflects the structure and order in which cases are heard and decisions are made within the Canadian court system.

The key people that make up a corporation include shareholders, directors, and officers. Shareholders are individuals who own shares in the company and have a stake in its success. Directors are elected by the shareholders and are responsible for making important decisions and setting the company's overall direction. Officers are appointed by the directors and are responsible for the day-to-day operations of the company. Together, these three groups play crucial roles in the governance and management of a corporation.

The correct answer is "Product, price, place, promotion." These four elements, also known as the four P's of marketing strategy, are crucial components of any marketing plan. Product refers to the goods or services being offered, price is the amount customers are willing to pay, place refers to the distribution channels used to reach customers, and promotion involves the marketing and advertising efforts to create awareness and generate sales. Together, these four P's help businesses effectively market their products or services to their target audience.

The criteria for a patent are that the invention must be novel, useful, and non-obvious. "Novel" means that the invention is new and hasn't been previously disclosed or patented. "Useful" means that the invention has a practical purpose and can be used or operated. "Non-obvious" means that the invention is not something that would be obvious to a person skilled in the relevant field. Therefore, the correct answer is "Novel, useful, non-obvious".

The correct answer is product, composition, machine, process. This is because these four categories, product, composition, machine, and process, are all considered patentable inventions. A patentable invention refers to a new and useful process, machine, manufacture, or composition of matter that is eligible for legal protection. Therefore, any invention falling under these categories can be patented to protect the rights of the inventor and prevent others from using or selling the invention without permission.

During a patent re-examination, the claims of the patent are compared to existing prior art. This process involves evaluating whether the claimed invention is already known or has been disclosed in previous patents, publications, or any other publicly available information. By comparing the claims to existing prior art, the re-examination aims to determine the novelty and non-obviousness of the invention. This helps in assessing the validity and scope of the patent and ensures that it meets the criteria for patentability.

The correct answer is "Breach of a duty-of-care owed causing injury or loss." This answer aligns with the legal concept of tort, which refers to a civil wrong that causes harm or injury to another person. In tort law, a duty of care is a legal obligation to act in a reasonable and responsible manner to avoid causing harm to others. If someone breaches this duty of care and their actions result in injury or loss to another person, they can be held liable for compensation.

The correct answer is Crown, Senate, House of Commons. In the Canadian system of government, the Crown represents the monarch, who is the head of state. The Senate is the upper house of Parliament and is responsible for reviewing and proposing amendments to legislation. The House of Commons is the lower house of Parliament and is responsible for debating and passing laws. Together, these three components make up the legislative power of the Canadian system of government.

The original Canadian patent system followed the "First-to-invent" principle. This means that the person who could prove that they were the first to come up with the invention, regardless of whether they were the first to file a patent application or not, would be granted the patent. This system prioritized the actual inventor and rewarded their ingenuity and creativity in developing the invention.

Tort law serves the purpose of compensating victims who have suffered harm or loss due to the actions of others. It provides a legal framework for individuals to seek compensation for damages caused by negligence, intentional wrongdoing, or other types of tortious conduct. By awarding compensation to victims, tort law aims to restore them to the position they were in before the tort occurred and provide them with some form of justice for the harm they have endured. This helps ensure that victims are not left to bear the financial and emotional burden of someone else's wrongful actions.

The term "Intrusion upon seclusion" refers to the legal concept of invasion of privacy. It encompasses the act of unlawfully intruding into someone's private affairs, whether it be through physical trespassing, unauthorized surveillance, or any other means that violates an individual's right to privacy. This term is often used in legal cases where individuals seek compensation for the invasion of their privacy rights.

The answer is "copyright, trade-mark, industrial design, trade secrets, patents". This answer includes all the categories of intellectual property mentioned in the question. It covers the protection of creative works (copyright), brand names and logos (trade-mark), the aesthetic aspects of products (industrial design), confidential information (trade secrets), and inventions and innovations (patents).

A patent pool refers to an agreement between multiple patent owners to collectively aggregate their patent rights. This means that these patent owners come together and agree to license their patents to each other or to third parties. By doing so, they create a pool of patents that can be used by all parties involved, which can lead to increased innovation and development in a specific area of technology. This agreement allows for the sharing of knowledge and resources, benefiting all parties involved and promoting progress in the field.

Reserve resource allocation is not an operational plan concern because it refers to the allocation of extra resources that can be used in case of emergencies or unexpected events. Operational plans typically focus on day-to-day operations, facility requirements, and information technology requirements, which are all essential for the smooth functioning of an organization. However, reserve resource allocation is not a regular part of operational planning as it is meant to address unforeseen circumstances rather than the routine operations.

The Safe Harbour or Roche-Bolar exception refers to the practice of allowing infringement of patents in order to develop documentation for regulatory compliance. This exception allows pharmaceutical companies to conduct necessary research and testing on patented drugs without facing legal consequences. It is intended to facilitate the development of generic drugs and ensure timely access to affordable medications for the public.

The Paris Convention accomplishes the goal of treating foreign patent applications the same as local applications. This means that applicants from any member country of the convention will receive equal treatment and protection for their patents in other member countries. This promotes fairness and encourages international cooperation in the field of patents.

The Patent Cooperation Treaty (PCT) accomplishes the standardization of patent filings between participant countries. This means that patent applications can be filed in multiple countries through a single international application, simplifying the process and reducing costs for applicants. The PCT also provides a centralized search and examination system, allowing applicants to receive an international preliminary examination report. This helps to ensure that patent applications meet the necessary requirements before entering the national phase in individual countries.