Chapter 1: OVERVIEW OF THE U.S. INTELLECTUAL PROPERTY SYSTEM

FREE IMITATION AND PUBLIC POLICY u Lower costs u Lower prices u Product improvements u Incentives for creation u Disclosure

U.S. PATENT SYSTEM u Protects useful machines, processes, compositions u Protects designs u Protection against copying and independent creation u Registration u Novelty and non-obviousness standards u Very expensive u Patent Reform (America Invents Act) passed!

U.S. COPYRIGHT SYSTEM u Protects expressions, but not ideas, processes, or systems. u No registration required, but recommended and very cheap. u Very long period of protection u Protects against copying but not independent creation u Protection for displays, performances, transmissions, adaptations, and more.

Trade Secrets Policies u Rationales: To stimulate the development of new inventions, techniques, and other creations To preserve high moral standards of corporate conduct u Protection of valuable secret information from misappropriation u Reasonable security measures Confidentiality agreements [“NDAs”] and other measures

U.S. Trademark System u Protection of product symbols so customers are not confused as to source u Prevents unethical palming off u Reduces search costs u Product characteristics may be protected u Registration not required but beneficial

Technology Policies and the 1 st Amendment – The New Battleground u Governments shall make no laws abridging the freedom of speech. u Technology policies often regulate the disclosure of information. Trade Secrets Copyrights Anti-circumvention laws -- DMCA Trademarks Indecency

Some First Amendment Issues u Does the law regulate speech? u How much protection does the kind of speech involved receive under constitutional case law? u Is the law aimed at the speech or at the effects from the speech? u What is the government rationale for regulating the speech? u Can the speech be prevented before a complete hearing on the issues?

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