LEGL - Ch. 11 (Part I)

LEGL - Ch. 11 (Part I) - Intellectual Property Law...

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Unformatted text preview: Intellectual Property Law Intellectual Property Law Chapter Eleven Intellectual Property Law Intellectual Property Law Trade Secret = Valuable commercial information unknown by competitors Patent = An invention or improvement on an existing item Trademark = Distinctive design, picture, emblem, logo or wording identifying the manufacturer of the product Copyright = A literary, musical, dramatic, or artistic work Intellectual Property Law Intellectual Property Law Article 1, Section 8: “Congress shall have the power to … promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” Intellectual Property Law Intellectual Property Law Trade Secrets Two requirements: The owner of the knowledge or information must have taken reasonable measures to keep it secret The knowledge or information must have economic value from not being known publicly Intellectual Property Law Intellectual Property Law Patents 20 year monopoly for the use of a new invention 14 years for a design patent Intellectual Property Law Intellectual Property Law Requirements for Patentability Patentable Subject Matter Machine Process Composition of matter Improvement of any of the foregoing Nonfunctional designs of manufactured articles Certain plants Intellectual Property Law Intellectual Property Law Design Patents Intellectual Property Law Intellectual Property Law Requirements for Patentability Patentable Subject Matter Nonobviousness, Novelty, and Usefulness Intellectual Property Law Intellectual Property Law Obtaining a Patent Submit an application to the United States Patent and Trademark Office (PTO) Application must include: An explanation of how to make and use the invention An explanation of why the invention is different from the prior art An identification of which specific aspects of the invention deserve to be patented (i.e., the “claims”) Intellectual Property Law Intellectual Property Law Patent Enforcement Patent infringement = Unauthorized use of a patented invention Defenses to a patent infringement action: Non­infringement Invalidity Unenforceability ...
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