Yung Created a Machine That Was Not Exactly New and Novel

question 34

Multiple Choice

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.