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Published byGriselda Haynes Modified over 8 years ago
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The Basics of Intellectual Property Law Understanding IP by A. David Spevack, Office of Naval Research
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If you don’t see a problem with this question, you need this lesson!
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Types of Intellectual Property
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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)
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INVENTION PATENTABLE IF........
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SUBJECT MATTER PATENTABLE
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Types of Patents UPDUPD
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Utility Patent Whoever (35 U.S.C. § 101)
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Plant Patents Whoever (35 U.S.C. § 161)
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Design Patents Whoever (35 U.S.C. § 171)
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Life & Duration Life of Utility Patent – Effective only in the U.S. (foreign patent applications filed separately based on U.S. application are available).
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What Does a Patent look Like?
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LICENSING PATENTS
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What is a License? A contract Licensor grants to licensee Licensor agrees not to
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Trade & Service Marks
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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,
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Copyrights ©
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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)
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Copyrights
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Original The term original There is no requirement for novelty or uniqueness as there is in patent law.
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Fixed in a Tangible Medium Any stable medium Computer software satisfies A computer display is considered fixed
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Duration January 1, 1978 and later: Life
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The Law
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Fair Use Limited use without owners permission criticism, comment, parody, news reporting, teaching, scholarship or research Criteria:
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How to Acquire Rights Patents – Trademarks & Service Marks – Copyright –
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IP Infringement
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