patented inventionoAfter 20 years, item goes into pubic domain and may be made, used, or sold by anyoneoApplication processFiled with U.S. Patent & Trademark OfficeSpecifies names of inventor(s) and indicates who owns patent; thorough description and drawingsDisclose contemplated best mode for putting invention into practiceClaims – rights asking PTO to grant/protectoRequirements for PatentabilityPatentable subject matter•Machines, manufactured products, compositions of matter, processes, any improvement on previous categoriesUseful•Must be operable and achieve a useful resultNovel•Requirement of novelty – patent not granted if someone else had a patent issued, created a printed publication, made public use, or put an
invention on sale before this inventor invented, where previous invention contained all of same functional elements as current oneMust file application within one year after a piece of prior art came into existence (i.e. someone else’s invention or the inventor’s own invention must have been in existence for less than one year at time of application)“Nonobvious” – not obvious to an ordinarily skilled practitioner in this area of technologyoPrior Art:A patent anywhere in the worldA printed publication anywhere in the worldEvidence of a public use of the invention that took place in the U.S.Evidence that the invention was placed on sale in the U.S.oOwnership of patentOwner or patent can sell, license, or transfer ownership to someone elseoInfringements: plaintiff must prove defendant violated list of claims (all claims listed must be violated to count); huge monetary finesoNo international patent protection•Copyrights:oReproduction (make copies)oCreate “derivative works”oPublicly distribute copies of work“First sale doctrine” – exception; allows someone who has purchased or otherwise lawfully acquire copyrighted work to resell or give away that copyoPublicly display workoPublicly perform workoPublicly perform work by digital audio transmission (sound recordings)oTerm of protection – life of author + 70 years Work-for-hire: work created by employee while acting in scope of his employment; 95 yrs. from date of publication or 120 yrs. from date of creation (whichever is shorter)oOwnershipWork-for-hire: ownership of copyright automatically and immediately vesting in employerIn case of contractors, specific terms of agreement determine ownership of copyrightoSubject matter – original works of authorship (expression original to particular person)Facts not copyrightableIdeas – original expression of ideas yes; ideas themselves no•Merger doctrine – circumstances where expression merges with idea; i.e. not many ways to express idea; not copyrightable, mapsScenes a faire – standard techniques necessary to convey particular ideas (e.g.