Class Notes 4

Class Notes 4 - Biz Law Test#4 I ntellectual Property...

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Unformatted text preview: Biz Law Test #4 I ntellectual Property Patents: Patents fall under area of constitutional law as delegated / enumerated powers. Patent and copyright are federal laws, there are no state copyright / patent laws ® Patents grant you a monopoly, saying you are the only one who can use the item secured by the patent for 20 years (from the time the item is made o In order to get inventions / have innovative people, need to have a reward add protection for it ® Patent is not a secret – someone else just can’t use those known secrets to make a similar, competitive product o When patent expires, companies will line up to make it generic ® Lawyers must have some sort of undergrad degree, and once you get out of law school they have to take state bar exams to be able to practice in that state o For patent lawyers, on top of that they have to take a federal patent exam o In order to sit for that exam you have to have a degree in Arts and Sciences or engineering since they are dealing with arts and sciences, the latest info, the newest technology out there Have to understand the science in order to give proper representation o Dominated mostly by males ® Law firm assigns inventor with lawyer who has appropriate background o Law firm has to decide what kind of business they want and choose lawyers off that o Inventor has to teach the invention to the patent lawyer because it is something brand new and if sophisticated, lawyer isn’t going to know it o Patent lawyer is going to file for a patent Patent examiner narrows down how much was really invented, then send back with “he invented this much” and go back and forth until agree on a set of claims ® Procedure for getting a patent: average time is 2 years after application filed o Theoretically possible for an inventor to get their own patent Ordinary person would have no clue how to deal with language ® Patent lasts 20 years from application file date o Monopoly on is from after finalized to then. So if it took 2 years then 18 years you have control over your invention o 60% of filed applications eventually issue ® If you have new idea for an invention, you don’t want to tell anyone about it because your idea has to be new in order to get a patent ® To get a patent, your patent attorney will try to show that your idea is: o (1) new (you want it to be a secret from public) Prior art used? o (2) useful o (3) nonobvious Biz Law Test #4 Need to look at whether it is obvious to a person in that field, not just random person from the street A case in 2007 regarding this made it a lot harder to patent things ® If the client explains the science to the patent examiner, it might help prove the client’s point ® Cannot patent nature, natural phenomena, business practices / methods, numbers, algorithms o Could patent how you could USE an algorithm (like in a computer) o Certain info about DNA is patentable now Ex: human genome project – few universities came up with different ways to...
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Class Notes 4 - Biz Law Test#4 I ntellectual Property...

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