Comply with 3 terminate 4 terminate

Comply with

Well- 3 actually 4 specific 5 continually

Persistently 7 temporary 8 essential

Unit 11

Copyright 2 patent 3 trade mark 4 injunction

C 2a 3e 4b 5d

Suggested answers

Another term for intellectual property rights or rights to

Assets which lack physical existence

A privilege afforded to third parties to use a

Copyrighted work without the consent of the copyright

Holder

Use of an intellectual property right without

Authorisation from the holder of the right

Business-method patents.

It involves an Internet sales application featuring a

One-click ordering solution.

Four requirements

Landmark cases 2 utility 3 tangible benefit

Non-obviousness requirement 5 subject matter

Barred from

False 2 True 3 False 4 True

It has extended patent protection to a large number of

Previously unpatentable areas.

It involves a data-processing system for managing

Mutual funds.

On the grounds that it was unpatentable subject

Matter.

The court reasoned that the software used in a

Machine constituted a useful, concrete and tangible

Result, warranting patentability.

Because it establishes, in contrast to cases preceding

It, that business methods are not per se unpatentable

Due to their subject matter.

Patentability 2 patent 3 unpatentable 4 patent

Patentable 6 patented

Suggested answer

Facts of the case

State Street Bank & Trust Co. vs. Signature Financial

Group (1998), (known as the 'State Street' case) involved

The patentability of a data-processing system for managing

Mutual funds.

Legal issue in question

The legal issue was whether a patented data-processing

System fell within two exceptions to patentability -

Mathematical algorithms and methods of doing business

- and the issued patent was thus invalid.

Holdings and reasoning of the courts

The lower court held that the software patent involved was

Invalid on the grounds that it entailed two exceptions to

Patentability.

However, the United States Court of Appeals for the

Federal Circuit affirmed the patentability of business

Method-related software and rejected both exceptions to

Patentability. The court held that since the claims of the

Patent-at-issue were directed to a machine programmed

With software, and such a machine produced a useful,

Concrete and tangible result, the software constituted

Patentable subject matter.

General legal significance of the case

As a result of the ruling, business-method software may

Now be patented.

C 2G

D 2e 3a 4c 5b

C 2a 3d 4b

Function Examples

Establishing a

Sequence

As a next step, Finally, First of all,

Secondly, To begin with, To conclude

Expanding on Besides, In addition, Furthermore,

In contrast, On the other hand,

However, Alternatively

Formerly, Previously, Traditionally,

As a consequence, Therefore, Thus,

Conclusion or Accordingly, Consequently, As a result

Inference through

Reasoning

Giving an example

Summarising

In fact, In particular, Of course,

Clearly, Notably, Ultimately

For example, For instance, Specifically

In short, Summing up, In other

Words, Briefly

Answer key

E

Date: 2015-12-11; view: 654