Test Questions

1. A US Patent grants to the patentee:


1. The right to make, use and sell the patented invention
2. The right to exclude others from making, using, or selling the patented invention
3. Both i and ii
4. Neither i nor ii

[ Show Answer ]
Choice ii is correct. Choice i is incorrect because (for example) the patented invention may be an improvement on an earlier device, and there may be earlier and still active patents belonging to others which read on ("dominate") the complete apparatus (earlier device plus improvement).


2. The legally protected aspects of a patented invention are most precisely identified in:


1. The detailed description of the preferred embodiment
2. The drawings
3. The claims

[ Show Answer ]
Choice iii is correct. The claims precisely define the metes and bounds of the patented invention and give notice to a potential infringer of what subject matter must be licensed or avoided. Other aspects of the patent (e.g., the detailed description of the preferred embodiment, and the drawings) will likely include unprotected subject matter, or even subject matter which belongs to another party.