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Intellectual Property (Common mistakes (Not properly identifying all their…

- - - - U.S. office has granted >6m patents
      - Is strained, takes 35.6 months in US
      - Different in Ireland - decreasing interest
    - - Useful
      - Novel
      - Not Obvious
    - - Utility
        
        New process, machine, composition of materials or improvement
        
        20 years duration from date of application
      - Design
        
        Invention of new, original ornamental design for manufactured products
        
        14 years from date of application
      - Plant
        
        Any new varieties of plants that can reproduce asexually
        
        20 years from date of application
      - Business Method Patent
        
        Protects an invention / way of doing business
        
        Notable ones such as Amazons 'One-click ordering' system
    - - When one party makes use of another partys patent
      - Costly to litigate, tough for small companies
  - - - Trademark
        
        Any word, name, symbol or device used to distinguish a brand from another
        
        Renewable every 10 years if still in use
      - Service mark
        
        Used to identify services rather than products
        
        Renewable every 10 years as long as it is in use
    - - Immoral or scandalous matter
      - Deceptive manner
      - Descriptive Marks
      - Surnames
  - - - Literary works
      - Musical Compositions
      - Computer Software
      - Dramatic works
      - Pantomimes and choreographic works
      - Pictorial, graphic and sculptural works
    - - Idea-Expression dichotomy
        
        Ideas cannot be copyrighted
        
        Descriptions of the implementations can be
    - - Occurs when one work derives or is a copy of another work
      - To prove infringement, the owner must prove the accused had access to the work and that the work was similar enough