chapter 08. describes property that is developed through an intellectual and creative process ...
TRANSCRIPT
Chapter 08
Describes property that is developed through an intellectual and creative process
Inventions, writings, trademarks that are a business’s most valuable asset
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A formula, design, customer list, or other secret that sets a business apart from competitors
Uniform Trade Secrets Act Owner of a secret must take reasonable precaution to
protect it Defendant must have acquired a trade secret through
unlawful means
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Reverse engineering Misappropriation of a trade secret Economic Espionage Act: A federal statute that
makes it a crime for any person to convert a trade secret for his or her own or another’s benefit, knowing or intending to cause injury to the owners of the trade secret
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Federal Patent Statute: Establishes the requirements for obtaining a patent and protects patented inventions from infringement
Patent: A grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time
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U.S. Court of Appeals for the Federal Circuit: A special federal appeals court that hears appeals from the Board of Patent Appeals and Interferences and federal court concerning patent issues
Utility patent: Protects the functionality of an invention
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Categories of innovation that can be patented include: Machines Processes Improvements to existing machines, processes, or
compositions of matter Designs for an article of manufacture Living material invented by a person
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To be patented, the invention must be: Novel Useful Nonobvious
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One-year “on sale” doctrine: A patent may not be granted if the invention was used by the public for more than one year prior to the filing of the patent application
Provisional application: An inventor may file with the PTO to obtain three months to prepare a final patent application
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Patent infringement: Unauthorized use of another’s patent
Design patent: A patent that may be obtained for the ornamental nonfunctional design of an item
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A legal right that gives the author of qualifying subject matter, and who meets other requirements established by copyright law, the exclusive right to publish, produce, sell, license, and distribute the work
Copyright Revision Act: Establishes the requirements for obtaining a copyright Protects copyrighted works from infringement
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Tangible writing Registration of copyrights Copyright Infringement: Occurs when a party
copies a substantial part of the plaintiff’s copyrighted work without permission
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Fair Use Doctrine: Permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder
Examples of fair use include: Quote for review Parody or satire Academic Brief quote in news report
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No electronic theft act: A federal statute that makes it a crime for a person to willfully infringe on a copyright
Digital Millennium Copyright Act: A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works
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Any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers
Lanham (Trademark) Act: A federal statute that Establishes the requirements for obtaining a federal mark Protects marks from infringement
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Types of marks: Trademark Service mark Certification mark Collective membership mark
To qualify for federal protection Distinctive mark: being unique and fabricated Secondary meaning: a brand name that has evolved from
an ordinary term
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Trademark infringement: Unauthorized use of another’s mark The holder may recover damages and other remedies from
the infringer Generic name: A term for a mark that has become a
common term for a product line or type of service and therefore has lost its trademark protection
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Diluting, Blurring, or Tarnishing Trademarks Federal Trademark Dilution Act: A federal statute that
protects famous marks from dilution, erosion, blurring, or tarnishing
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