Chapter 7 Intellectual Property Lecture Notes

Chapter 7 Intellectual Property Lecture Notes - Lecture...

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Lecture Notes Intellectual Property and Internet Law 1. Trade secrets and unfair competition. a. We will review a few of the cases in class, including, those I have handled upon which I have relied on the precedents in: i. Bancroft Whitney v. Glen 64 Cal. 2d 327 partnering with a competitor and raiding employees. ii. Other cases as may be guided by our discussion. 2. Patents a. Not available solely for an idea, but only for its tangible application. i. E.g. mathematical formulae are not patentable, but a tangible application of a formula might be—e.g. curly cue french fry. b. Utility patent: invention or significant improvement of any of the following: i. Mechanical invention ii. Electrical invention iii. Chemical invention iv. Process v. Machine vi. Composition of matter c. Design patent i. Protects the appearance, not the function of an item. 1. granted to anyone who invents, a new, original and ornamental design for an article. a. e.g the look and feel of something—its appearance. ii. Term: 14 years, not 20 years. d. Plant Patent. i. Invention of a new plant, provided that the inventor is able to reproduce it asexually. 1. e.g. grafting not by planting its seeds. e. Requirements: i. Novel 1. not patentable if it: a. is already known or been used b. has been described in a publication in the U.S. or elsewhere. i. e.g. new uses are not patentable ii. Not obvious to an ordinary person iii. Useful to a current society. f. Procedure i. Application filed => examiner reviews=>if approved, patent issued, subject to litigation by others; if denied, then, appeal to the PTO Board of Appeals and then to the Court of Appeals for the Federal Circuit in Washington, D.C. 1
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ii. Provisional Patent Application : simpler, cheaper application process by which the inventor is given the opportunity to show the idea to potential investors. Protection lasts one year. After that the applicant must file a regular application. g. Duration. i. Since 1994: last for 20 years from date of filing (does not change the 14 year period for design patents). h. International protection i. An inventor can apply for a patent for the same invention in more than one country. Several patenting organizations such as the European Patent Office (EP) and the International Patent Cooperation Treaty Organization (WO) publish patent applications (the US does not publish applications). 3. Copyrights a. The holder of a copyright owns the particular tangible expression of an idea, but not the underlying idea or method of operation. i. Professor Fields has created a new idea of how to communicate business law solutions to students, only the book and not the idea is copyrightable. b. Underlying ideas need not be novel—it is how the idea is expressed which is protected. c. Duration of a copyright (or how Congressman Sony Bono (deceased) helped The Walt Disney Company et. al ) i. A helpful table which explains the applicable law may be found at WHEN WORKS PASS INTO THE PUBLIC DOMAIN d. Infringement: i. Plaintiff must present evidence that the work was original and: 1. the infringer actually copied the work, or 2. the infringer had access to the original (e.g. a former
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