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Patents, Copyright and Trademarks (Intellectual Property Laws (Copyright…
Patents, Copyright and
Trademarks
Intellectual Property
Industrial property
inventions (patents)
Primary goal of all patent claim drafters
narrow enough to distinguish the invention from previous developments, but broad enough to provide meaningful protection
co-inventors
Conception vs. reduction to practice
Conception:mental part
Reduction to practice:invention works for its intended purpose
the benefit of holding a patent
Grace Period
protection limited
Paris Convention
Combination patent
may be nonobvious
trademarks
industrial designs
Copyright
It must be original
It must be fixed in a tangible (concrete) medium of expression
It must have at least some creativity
How to protect
Place a copyright notice on a published work
commercial value
Intellectual Property Laws
Patent law
Utility
New (novel)
Clever (nonobvious)
valid for up to 20 years or 17 years from their issue date
Design
Design patent infringement
(1) The Ordinary Observer Test
(2) The Point Of Novelty Test
valid for 14 years
two patents will be submitted for the same device
a utility patent covering the device's functional characteristics
a design patent protecting the device's ornamental characteristics
Plant
valid for up to 20 years
Copyright law
Access:the occasion to view or hear the copyrighted work
protect nonfunctional items
Protects expressions of creative ideas
Copyright lasts for the life of the work's creator (its author) plus 70 years
In cases where the creator is a business, the copyright lasts between 95 and 120 years.
Trademark law
protect consumers from confusion as to the source of a manufactured object
Trade Secret law
Patent expiry
Statutory period expires
patent owner fails to pay required maintenance fees
the patent application was insufficient
After patent termination