Bob Properly Filed for a Patent on a New Machine

question 60

Multiple Choice

Bob properly filed for a patent on a new machine with the U.S.Patent and Trademark Office.Alice who had been working on the same type of machine was furious when she learned about Bob's filing.She presented proof that she had actually invented the machine first but had not yet prepared the paperwork for filing at the time of Bob's filing.Assuming no wrongdoing on the part of either party and that they developed the machine independently,which of the following is the correct resolution of the dispute?

• A) Alice will win and possess all rights to the patent under common law because she first invented the machine.
• B) Bob will win and possess all rights to the patent under common law because he was the first to file for a patent.
• C) Under common law, Alice and Bob will share rights to the patent on a 50-50 basis.
• D) Under the America Invents Act, Alice will control rights to the patent because she was the first to invent.
• E) Under the America Invents Act, Bob will control rights to the patent because he was the first to file.

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Definitions:

Torpor

An energy-conserving state of low metabolic rate and inactivity. See estivation and hibernation.

Metabolic Rate

Energy use by an organism per unit time. See basal metabolic rate (BMR).

Hibernation

Long-term torpor in response to winter cold and scarcity of food. Compare with estivation.

Basking

Basking is a behavior observed in various animals, especially reptiles, where individuals expose themselves to sunlight or another heat source to regulate body temperature.