Asked by pholosho-R tshivhula on Jun 27, 2024
Verified
Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?
A) Yung cannot get a patent for his improvement because it is not entirely new or novel.
B) Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it.
C) Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine.
D) The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement.
E) Both Yung's improvement and the original machine lose their patent protection.
Patent Holder
An individual or entity in possession of the rights granted by a patent, typically the inventor or their assignee.
Independent Right
A right or privilege that exists on its own and does not depend on another condition or obligation being met.
- Embrace the initial learning of intellectual property rights, including the study of patents, copyrights, trademarks, and trade secrets.
- Evaluate the conditions that result in intellectual property protection being conferred or rejected.
Verified Answer
IM
Isaac Miller
Jun 30, 2024
Final Answer :
C
Explanation :
Improvements on existing patented inventions can be patented if they meet the criteria of being novel, non-obvious, and useful. However, obtaining a patent for an improvement does not grant the right to use the original patented invention without permission.
Learning Objectives
- Embrace the initial learning of intellectual property rights, including the study of patents, copyrights, trademarks, and trade secrets.
- Evaluate the conditions that result in intellectual property protection being conferred or rejected.