Ch 07 notes - Intellectual Property & Internet Law

Ch 07 notes - Intellectual Property & Internet Law...

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Business Law Monday, October 5, 2009 Trade Secrets : Product formula, pattern, design, compilation of data, customer list, etc. 1. Owner is obliged to take all reasonable precautions 2. Misappropriation : Lawsuit against anyone who steals a trade secret a. The defendant must have obtained the trade secret through unlawful means, such as theft, bribery, or industrial espionage Patents 1. Valid timing b. Patents for inventions are valid for 20 years c. Patents for designs are valid for 14 years d. Patent term begins to run from the date the application is filed, not when the patent is issued 2. After patent runs out, invention/design enters public domain 3. First-to-invent rule : The 1 st person to invent an item/process is given patent protect over another party who was first to file a patent application 4. Patenting an invention e. Invention must be novel, useful, and non-obvious f. Only certain subject matters can be patented i. Machines ii. Processes iii. Compositions of matter iv. Improvements to existing machines v. Designs for an article of manufacture vi. Asexually reproduced plants vii. Living material invented by a person 5. One-Year “On Sale” Doctrine : Patent may not be granted if the invention was used by the public for more than 1 year prior to the filing of the application 6. American Inventors Protection Act g. Permits inventor to file a provisional application, pending preparation & filing of a h. PTO must issue a patent within 3 years after the filing of a patent application i. Non-patent holders may challenge a patent as being overly broad 7. Patent infringement : Unauthorized use of another’s patent Copyright Revision Act of 1976 o Establishes requirements for obtaining a copyright o Protects copyrighted works from infringement Only
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This note was uploaded on 02/08/2011 for the course BUS LAW 320 taught by Professor Soos during the Fall '10 term at Rutgers.

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Ch 07 notes - Intellectual Property & Internet Law...

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