15. Daniel invented a device to monitor a pet\'s location. This device consists

Question

15. Daniel invented a device to monitor a pet's location. This device consists of a sensor and radio transmitter on the dog's collar and a receiver that can be clipped to the owner's belt. The radio transmitter is similar to existing designs, but one has never been used in this way. The product cannot be produced for less than $75, but Daniel's preliminary marketing studies indicate that the product could not be sold for more than $45. Which of the following is true?

A. Daniel can get a provisional patent that would provide limited protection until he can redesign it so that it can be made for under $45.

B. Daniel cannot get a patent because the transmitter part is not a new invention.

C. Daniel cannot get a patent because the inability to produce the product at a cost low enough to sell it means that it does not meet the usefulness requirement.

D. Daniel can obtain protection for his invention even if someone else files a patent application for the same invention so long as Daniel actually invented his first.

16. Phillip awoke one morning to find workmen from Olympic Co. mowing his yard. He had not contracted with Olympic for this; however, he let Olympic continue. Olympic sued Phillip for the value of the driveway. What is the probable result?

A. Olympic will win; this is a case of implied contract.

B. Phillip will win; there was no contract upon which Olympic could recover, and people are not liable for benefits that are thrust upon them

C. Olympic will win; although there is no real contract, this is a case of quasi-contract.

D. None of the above is correct

Explanation / Answer

15. A. Daniel can get a provisional patent that would provide limited protection until he can redesign it so that it can be made for under $45.

Daniel would have to redesign the product for it being sold in the market. However in the meantime he also needs to get the device patented so that his invention is not being misused by someone else.

16. B. Phillip will win; there was no contract upon which Olympic could recover, and people are not liable for benefits that are thrust upon them.

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