The Basics of Intellectual Property Law Understanding IP by A. David Spevack, Office of Naval Research
If you don’t see a problem with this question, you need this lesson!
Types of Intellectual Property
What Is A Patent? Granted by the Finds basis in Article 1, Section 8, U.S. Constitution Congress is empowered 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.” Covered by Federal Law (Title 35 USC)
INVENTION PATENTABLE IF
SUBJECT MATTER PATENTABLE
Types of Patents UPDUPD
Utility Patent Whoever (35 U.S.C. § 101)
Plant Patents Whoever (35 U.S.C. § 161)
Design Patents Whoever (35 U.S.C. § 171)
Life & Duration Life of Utility Patent – Effective only in the U.S. (foreign patent applications filed separately based on U.S. application are available).
What Does a Patent look Like?
LICENSING PATENTS
What is a License? A contract Licensor grants to licensee Licensor agrees not to
Trade & Service Marks
Marks Trademarks ®, ™ A trademark Servicemarks ®, SM A service mark Trade Names Once a trade name was used to denote any mark descriptive of a good or service. Today,
Copyrights ©
Copyrights Copyright law protects Copyright protects “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” (17 U.S.C. § 102)
Copyrights
Original The term original There is no requirement for novelty or uniqueness as there is in patent law.
Fixed in a Tangible Medium Any stable medium Computer software satisfies A computer display is considered fixed
Duration January 1, 1978 and later: Life
The Law
Fair Use Limited use without owners permission criticism, comment, parody, news reporting, teaching, scholarship or research Criteria:
How to Acquire Rights Patents – Trademarks & Service Marks – Copyright –
IP Infringement