Mathematics

A professor in Cambridge has discovered a new formula to calculate molecular mass. Can it be copyrighted?

Yes

Status message

Correct answer!

Tip:

In mathematical equations copyright is not granted. The discovery of such equations cannot create monopoly over the person who discovers it, as it will restrict the free-flow of information.

Best Practice:

There are other ways to protect your work such as patent applications for any device, process or software you that uses your formula.

References:

https://www.mondaq.com/india/copyright/784302/mathmatical-equation-per-se-cannot-be-copyrightable

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Wrong answer...

Tip:

In mathematical equations copyright is not granted. The discovery of such equations cannot create monopoly over the person who discovers it, as it will restrict the free-flow of information.

Best Practice:

There are other ways to protect your work such as patent applications for any device, process or software you that uses your formula.

References:

https://www.mondaq.com/india/copyright/784302/mathmatical-equation-per-se-cannot-be-copyrightable

Professor wants to explain his new developed formula in a book. Can it be copyrighted?

Yes

Status message

Correct answer!

Tip:

Original literary, does not matter scientific and artistic, is protected by copyright. Nobody apart from the author has the right to make the work public or reproduce it.

Best Practice:

The benefits of copyright include economic rights (remuneration is guaranteed in case of non-permitted use) and moral rights (autorship).

References:

https://europa.eu/youreurope/business/running-business/intellectual-property/copyright/index_en.htm#:~:text=Copyright-,Your%20rights,work%20public%20or%20reproduce%20it.

Error message

Wrong answer...

Tip:

Original literary, does not matter scientific and artistic, is protected by copyright. Nobody apart from the author has the right to make the work public or reproduce it.

Best Practice:

The benefits of copyright include economic rights (remuneration is guaranteed in case of non-permitted use) and moral rights (autorship).

References:

https://europa.eu/youreurope/business/running-business/intellectual-property/copyright/index_en.htm#:~:text=Copyright-,Your%20rights,work%20public%20or%20reproduce%20it.

Professor has finished his book. Does it need bureaucratic work to copyright it?

Yes

Status message

Correct answer!

Tip:

The copyright protection starts at the moment that you create your work, there is no need to go through any formal application process.

Best Practice:

References:

https://europa.eu/youreurope/business/running-business/intellectual-property/copyright/index_en.htm#:~:text=Copyright-,Your%20rights,work%20public%20or%20reproduce%20it.

Error message

Wrong answer...

Tip:

The copyright protection starts at the moment that you create your work, there is no need to go through any formal application process.

Best Practice:

References:

https://europa.eu/youreurope/business/running-business/intellectual-property/copyright/index_en.htm#:~:text=Copyright-,Your%20rights,work%20public%20or%20reproduce%20it.

A group of scientists have discovered a new algorithm that can be used to calculate items faster. Can it be registered as a patent?

Yes

Status message

Correct answer!

Tip:

The European Patent Convention does not include scientific theory or mathematical methods as patents.

Best Practice:

Although mathematical models and algorithms are not patentable under the European Patent Convention, alI inventions are generally patentable as a subgroup of computer-implemented inventions ("CIIs").

References:

https://www.prv.se/en/patents/applying-for-a-patent/before-the-application/what-cannot-be-patented/

Error message

Wrong answer...

Tip:

The European Patent Convention does not include scientific theory or mathematical methods as patents.

Best Practice:

Although mathematical models and algorithms are not patentable under the European Patent Convention, alI inventions are generally patentable as a subgroup of computer-implemented inventions ("CIIs").

References:

https://www.prv.se/en/patents/applying-for-a-patent/before-the-application/what-cannot-be-patented/

Mathematical methods are excluded from patentability, although practical applications involving mathematics may still be patentable.

Yes

Status message

Correct answer!

Tip:

To be considered a patent by the European Patent Convention, an invention has to be able to solve a technical problem.

Best Practice:

Nonetheless, the European Patent Office has recognized the role that mathematics plays in technology and regularly grants patents with mathematical principles that play an important role in the implementation of an invention.

References:

https://www.albright-ip.co.uk/2020/02/the-mathematics-of-patents/#:~:text=As%20a%20general%20rule%2C%20mathematical,into%20the%20lexicon%20of%20patents.

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Tip:

To be considered a patent by the European Patent Convention, an invention has to be able to solve a technical problem.

Best Practice:

References:

https://www.albright-ip.co.uk/2020/02/the-mathematics-of-patents/#:~:text=As%20a%20general%20rule%2C%20mathematical,into%20the%20lexicon%20of%20patents.

Should business be allowed to patent mathematics?

Yes

Status message

Correct answer!

Tip:

The European Patent Convention excludes inventions from being considered as patents when are considered inmoral or against public order.

Best Practice:

The discovery cannot create monopoly over the company that discovers it, as it will restrict the free-flow of information.

References:

https://www.cambridge.org/core/books/abs/diversity-in-intellectual-property/patents-and-morality-in-europe/65BB918B275C487D8A6E6425CE2C9561

Error message

Wrong answer...

Tip:

The European Patent Convention excludes inventions from being considered as patents when are considered inmoral or against public order.

Best Practice:

The discovery cannot create monopoly over the company that discovers it, as it will restrict the free-flow of information.

References:

https://www.cambridge.org/core/books/abs/diversity-in-intellectual-property/patents-and-morality-in-europe/65BB918B275C487D8A6E6425CE2C9561

Can a teacher register the design of an image with the number pi?

Yes

Status message

Correct answer!

Tip:

Industrial Design protects the external appearance of products or parts of products. The design consists of lines, contours, silhouettes, colours, shapes, materials, textures and ornaments. In short, all the characteristics that are related to the aesthetic value of the products.

Best Practice:

There are other ways to protect designs without having to alter the functionality of the mathematics.

References:

https://www.imarcas.com/patentes-y-marcas/disenos-industriales/

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Wrong answer...

Tip:

Best Practice:

There are other ways to protect designs without having to alter the functionality of the mathematics.

References:

https://www.imarcas.com/patentes-y-marcas/disenos-industriales/

Does industrial design protect the functionality of products?

Yes

Status message

Correct answer!

Tip:

Industrial Design does not protect the functionality of products.

Best Practice:

Can be protected under patent law.

References:

https://www.imarcas.com/patentes-y-marcas/disenos-industriales/

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Wrong answer...

Tip:

Industrial Design does not protect the functionality of products.

Best Practice:

Can be protected under patent law.

References:

https://www.imarcas.com/patentes-y-marcas/disenos-industriales/

Can the case of LEGO JURIS (a 3D trademark for a play brick) can be protected as a 3D trademark?

Yes

Status message

Correct answer!

Tip:

According to the ECJ, LEGO's play brick was excluded from trade mark protection under Art. 7(1)(e)(ii), as it consisted exclusively of the shape of the product which was necessary to obtain a technical result. The most important element of the LEGO toy brick was the rows of studs on the top of the brick. This was deemed to achieve the technical effect of the assembly of the toy bricks. In its decision, the ECJ emphasised that technical features may not be monopolised by means of trade mark law

Best Practice:

A phrase, word, symbol, or even a device can be trademarked. The ECJ held that a shape could not be registered as a trademark if all its essential characteristics performed a technical function.

References:

https://www.maucherjenkins.com/commentary/lego-victory-trade-mark-design-law-protection

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Tip:

Best Practice:

A phrase, word, symbol, or even a device can be trademarked. The ECJ held that a shape could not be registered as a trademark if all its essential characteristics performed a technical function.

References:

https://www.maucherjenkins.com/commentary/lego-victory-trade-mark-design-law-protection

Laura is a fashion student at university and she is fascinated with the number phi (𝜋). She wants to use this symbol to create a unique logo fot her brand. Can she use it?

Yes

Status message

Correct answer!

Tip:

Universal symbols can be used for inspiration to trademark a company or a brand.

Best Practice:

However, for the symbol to be considered capable of registration it needs to be slightly different to the original, incorporating elements that are not usually in the symbol or combining it with other elements.

References:

https://www.ny-trademark-lawyer.com/can-universal-symbols-function-as-trademarks.html

Error message

Wrong answer...

Tip:

Universal symbols can be used for inspiration to trademark a company or a brand.

Best Practice:

References:

https://www.ny-trademark-lawyer.com/can-universal-symbols-function-as-trademarks.html