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Intellectual Property (I. Patent (Excludes others from making, selling, or…
Intellectual Property
I. Patent
Excludes others from making, selling, or using your invention. Could be process, machine, manufactured articles, compositions of matter.
- New: Previously unknown (can already exist, but with new use, ex: blood pressure pill -> viagra)
- Useful: can actually make it, and it can do what I say it can (capable of operation)
- Inventive: can't be obvious to an expert in the field
Earliest filing date is who gets it; lasts 20 years from filed. NOT renewable. Biological lifeforms not patentable (must be things)
If infringement, can sue for damages, profits, or destroy products. Also criminal cases.
III. Copyright
Literary, dramatic, artistic and musical works. Right to reproduce, publish, publicly perform, and telecommunicate to the public. Only form of experession is protected, not idea itself.
Computer programs/software are literary works, mathematical algorithms are uncopyrightable. User manuals, databases, websites, domain names, also literary works.
Copyright is owned by first to use it (or by employer/in contract). Registration is not required, but recommended (to prove). Lasts author's life + 50 years.
Fair Use: Can use if own personal use, satire, news-worthy, research, criticism. As long as you're not making commercial use, it's OK.
Not in class: moral rights ("right of paternity", "right of anonymity", "right to integrity")
II. Trademarks
Word, shape, symbol, sound that distinguishes someones company/goods (prevents confusion)
Not first to file, first to use it. If you don't register it, only valid in geographical location where there's "goodwill"
Not everything is trademarkable: can't be name or surname, can't be too descriptive or deceptive, can't be illegal. Lasts for 15 years, infinitely renewable (as long as continues to be used more than 3 years).
Summary: incorporeal movable, very valuable. Is property, so can lease, sell, etc.
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