0

Patent Law in Australia

Description: This quiz will test your knowledge of Patent Law in Australia.
Number of Questions: 15
Created by:
Tags: patent law australia intellectual property
Attempted 0/15 Correct 0 Score 0

What is the name of the legislation that governs patents in Australia?

  1. The Patents Act 1990

  2. The Copyright Act 1968

  3. The Trade Marks Act 1995

  4. The Designs Act 2003


Correct Option: A
Explanation:

The Patents Act 1990 is the primary legislation that governs patents in Australia.

What is the term of a standard patent in Australia?

  1. 20 years

  2. 15 years

  3. 10 years

  4. 5 years


Correct Option: A
Explanation:

The term of a standard patent in Australia is 20 years from the date of filing.

What is the term of an innovation patent in Australia?

  1. 8 years

  2. 10 years

  3. 12 years

  4. 15 years


Correct Option: A
Explanation:

The term of an innovation patent in Australia is 8 years from the date of filing.

What is the difference between a standard patent and an innovation patent?

  1. A standard patent is for new inventions, while an innovation patent is for minor improvements to existing inventions.

  2. A standard patent has a longer term than an innovation patent.

  3. A standard patent is more expensive to obtain than an innovation patent.

  4. All of the above.


Correct Option: D
Explanation:

A standard patent is for new inventions, while an innovation patent is for minor improvements to existing inventions. A standard patent has a longer term than an innovation patent. A standard patent is more expensive to obtain than an innovation patent.

What are the requirements for obtaining a standard patent in Australia?

  1. The invention must be new, inventive, and useful.

  2. The invention must be capable of industrial application.

  3. The invention must not be contrary to public order or morality.

  4. All of the above.


Correct Option: D
Explanation:

The invention must be new, inventive, and useful. The invention must be capable of industrial application. The invention must not be contrary to public order or morality.

What are the requirements for obtaining an innovation patent in Australia?

  1. The invention must be new and useful.

  2. The invention must be capable of industrial application.

  3. The invention must not be contrary to public order or morality.

  4. All of the above.


Correct Option: D
Explanation:

The invention must be new and useful. The invention must be capable of industrial application. The invention must not be contrary to public order or morality.

What is the process for obtaining a patent in Australia?

  1. File a patent application with the Australian Patent Office.

  2. Wait for the patent application to be examined.

  3. Respond to any objections raised by the examiner.

  4. Pay the patent fees.

  5. All of the above.


Correct Option: E
Explanation:

File a patent application with the Australian Patent Office. Wait for the patent application to be examined. Respond to any objections raised by the examiner. Pay the patent fees.

What are the rights of a patent holder in Australia?

  1. The right to make, use, sell, and license the invention.

  2. The right to prevent others from making, using, selling, or licensing the invention.

  3. The right to sue for infringement of the patent.

  4. All of the above.


Correct Option: D
Explanation:

The right to make, use, sell, and license the invention. The right to prevent others from making, using, selling, or licensing the invention. The right to sue for infringement of the patent.

What are the defenses to a patent infringement action in Australia?

  1. The invention was not new.

  2. The invention was not inventive.

  3. The invention was not useful.

  4. The invention was not capable of industrial application.

  5. The invention was contrary to public order or morality.

  6. All of the above.


Correct Option: F
Explanation:

The invention was not new. The invention was not inventive. The invention was not useful. The invention was not capable of industrial application. The invention was contrary to public order or morality.

What are the remedies for patent infringement in Australia?

  1. An injunction to prevent the infringement.

  2. Damages for the loss suffered by the patent holder.

  3. An account of profits made by the infringer.

  4. All of the above.


Correct Option: D
Explanation:

An injunction to prevent the infringement. Damages for the loss suffered by the patent holder. An account of profits made by the infringer.

What is the role of the Australian Patent Office in patent law?

  1. To examine patent applications.

  2. To grant patents.

  3. To maintain the register of patents.

  4. To hear oppositions to patents.

  5. All of the above.


Correct Option: E
Explanation:

To examine patent applications. To grant patents. To maintain the register of patents. To hear oppositions to patents.

What is the role of the Federal Court of Australia in patent law?

  1. To hear appeals from decisions of the Australian Patent Office.

  2. To hear infringement actions.

  3. To hear revocation actions.

  4. All of the above.


Correct Option: D
Explanation:

To hear appeals from decisions of the Australian Patent Office. To hear infringement actions. To hear revocation actions.

What is the role of the High Court of Australia in patent law?

  1. To hear appeals from decisions of the Federal Court of Australia.

  2. To hear cases of exceptional public importance.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

To hear appeals from decisions of the Federal Court of Australia. To hear cases of exceptional public importance.

What are some of the recent developments in patent law in Australia?

  1. The introduction of the innovation patent.

  2. The ratification of the Patent Cooperation Treaty.

  3. The enactment of the Patents Amendment Act 2013.

  4. All of the above.


Correct Option: D
Explanation:

The introduction of the innovation patent. The ratification of the Patent Cooperation Treaty. The enactment of the Patents Amendment Act 2013.

What are some of the challenges facing patent law in Australia?

  1. The increasing complexity of technology.

  2. The globalization of the economy.

  3. The need to balance the rights of patent holders with the interests of the public.

  4. All of the above.


Correct Option: D
Explanation:

The increasing complexity of technology. The globalization of the economy. The need to balance the rights of patent holders with the interests of the public.

- Hide questions