University of Maryland - CON 216 FINAL EXAM. QUESTIONS AND ANSWERS. LATEST 2020/21. ALREADY GRADED A. Gino was an employee of Ammo Inc, a major supplier
... [Show More] of ammunition to the U.S. Army.
Performing research for Ammo, Gino developed a laser gunsight for the Army’s M-27
automatic rifle. Although Ammo had three Government contracts, the cost of Gino’s
research was not allocated directly to any of them. Which of the following represents a
correct statement of the parties’ rights in the technical data concerning the gunsight’s
development?
The Government receives unlimited rights in the data, but neither Ammo nor Gino
receive anything more than a limited license, not to exceed five years, to manufacture the
gunsight and sell it commercially.
The Government is entitled to Government purpose rights, Ammo has the right to
take commercial advantage of the idea, and Gino receives no property rights.
The Government receives an irrevocable license to manufacture the item, Ammo
receives title, and Gino receives a letter of commendation.
Gino is obliged to advise both the Government and Ammo about the new gun sight
with the Government being entitled to Government Purpose Rights and Ammo having
the option to take title to the invention.
Gino is obliged to apply for a patent, but must convey title to Ammo once the patent is
issued; the Government is entitled to an irrevocable, royalty-free license to use the item.
The Government receives no rights in the data unless Ammo decides to give it the data,
and, if so, the Government receives the data with any limitation on its rights as determined
by Ammo.
The Government receives no rights in the data unless Ammo decides to give it the data, but,
if the Government does receive any rights in the data, it receives unlimited rights.
Assuming both the Government and Ammo have the ability to “reverse engineer” the
gun sight, either may manufacture the item as long as Gino has not applied for a patent.
Which of the following statements is NOT correct?
- The Constitution expressly grants Congress power to interpret the Constitution.Adam asks Bob, “Would you like to buy my 1987 Acura Legend for $400?” Bob, thinking
over the proposal, nods his head up and down but does not say a word. The parties:
- Have not formed a contract, because a head nod, viewed objectively, is an
ambiguous action that could mean “I understand” or “I heard you” or may not
mean anything at all; consequently, there has been no legally binding assent to
Adam’s offer.
What are the key pieces of annual legislation pertaining to military? (select all that apply)
- DoD Authorization Ac
- Military Construction Authorization (included in DoD Authorization Act)
- DoD Appropriations Act
- Military Construction Appropriation Act
For an indefinite-delivery/indefinite-quantity (IDIQ) contract, we obligate the amount of
the maximum possible quantity stated in the contract at contract award, and for each
additional order above the minimum quantity, we obligate current funds at the time we
issue each delivery order or task order.
- False
The National Defense Authorization Act for FY 1998 amended 10 USC 2410a to allow DoD
agencies to obligate funds in the current year to finance any severable service contract with
a period of performance that does NOT exceed how many months?
- 12
An inventor developed a new turbofan blade for jet engines. He obtains a patent for the
new design and sells all his patent rights to the design to Acme Jet Engine Company. Acme
then produces and sells a new jet engine based on the design to the aviation public. Beta
Aircraft Corporation purchases two of Acme’s new jet engines from a retailer selling Acme
engines and installs them in its own research craft. What can Acme do?
- Nothing, as long as Beta only operates the engine as a normal user and not use it in
the design of its own products.
Which of the following is false about Government’s rights to intellectual property?
- The Government has the right to use any U.S. patent for a public purpose without
paying compensation to the patent holder.
- Congressional power to enact the patent and copyright laws is premised upon the
U.S. Constitution.
- If a Government contract authorizes the contractor to use an invention covered by a
U.S. patent, and the patent owner sues the Government for patent infringement, the
Government may seek reimbursement from the contractor.
- As a Government employee, you can file for a patent for an invention you created [Show Less]