ESB Certification Practice Exam 2026 – Complete Study Resource

Question: 1 / 405

Mary, designing new headphones, should seek protection under which intellectual property law?

Copyright

Trade secret

Patent

The appropriate intellectual property protection for Mary in designing new headphones is a patent. Patents are specifically designed to protect inventions or processes that provide a new way of doing something or offer a new and useful product. Since headphones involve new technology, components, or unique designs that contribute to their functionality, securing a patent would grant Mary exclusive rights to her invention for a specified period. This prevents others from making, using, or selling her invention without her permission, thereby allowing her to establish a competitive edge in the market.

In contrast, copyright primarily protects original artistic works, such as music, literature, and certain types of software, rather than functional inventions. Trade secrets apply to confidential business information that provides a competitive advantage, but this would not be suitable for protecting the headphone's design without formal measures to maintain its secrecy. Trademarks are essential for protecting brand identifiers, such as logos or brand names, but they do not cover the functionality or inventive aspects of the headphones themselves. Therefore, pursuing a patent is the most effective way for Mary to safeguard her innovative headphone design.

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Trademark

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