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Ch 3 - A Primer for Nonlawyers on Intellectual Property

Ch 3 - A Primer for Nonlawyers on Intellectual Property -...

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Trade Related Aspects of Intellectual Property Rights Administered by WTO; negotiated at GATT First agreement to establish the minimum level of IPRs internationally Sets down minimum standards for many forms of intellectual property Will benefit underdeveloped/developing countries Get rid of subsidies on agricultural products in developed contries Carrot Don't do it and you will get sued in international court Stick TRIPs treaty (1994) Most intellectual property statutes are federal Decides whether applications have met the legal standards and factual standards required for a patent US Patent & Trademark Office (PTO) Introduction Gives owner right to sue for infringement Grants legal monopoly Lets patent holder sue to stop third parties from knowingly selling inputs that are "especially adapted" for use in patented combinations or processes. Contributory infringement A machine 1. A manufactured product 2. Composition made from two or more substances 3. A process for manufacturing objects 4. Shorter life Prevents people from jumping in Broad patent Need longer life Narrow Breadth of patent Moore line - oncomouse Diamond v. Chakrabarty - life forms to be patented PTO and courts almost always stretch these categories to encompass new technologies Dutch (descending-bid) auction Business method is patentable Patentable-subject-matter 1. Must offer some positive benefit to society Invoked against devices that did not work or were against public policy Utility 2. Has it been previously used or described? Novelty 3. Not obvious to someone with "ordinary skill" in the technology Non-obviousness 4. Must meet four basic requirements Covered Subject Matter 3.1 Patents Ch 3 - A Primer for Nonlawyers on Intellectual Property Monday, October 05, 2009 8:22 PM 143 Midterm 1 Page 1
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Not obvious to someone with "ordinary skill" in the technology 20 years from date of filing Patent holder's right to control individual objects expires as soon as he sells them First-sale rule Duration
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