 May 5, 1809 What if you come up with a great idea for a new invention? The Good-Hair-Day Hairspray, the perfect spiral football, a backpack that flies you to school. To protect your new invention, you would get a patent. A patent is a government grant that gives the inventor the exclusive right to make, use, or sell an invention, usually for a limited period. Nowadays it's 16 to 20 years in most countries. Patents are granted to new and useful machines, manufactured products, industrial processes--such as Kies's method of weaving--and significant improvements of existing processes. Patents encourage entrepreneurs, like weaver and hat maker Mary Kies, to create new and better products all the time. Show
Chapter 7 INTELLECTUAL PROPERTY �������� Intellectual Property: Any property resulting from intellectual, creative processes, and the products of one or more individual�s mind(s). �������� The framers of the U.S. Constitution recognized the need to protect and promote intellectual property more than two hundred years ago. Article I, Section 8 empowers Congress 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. �������� Laws protecting patents, trademarks, and copyrights are explicitly designed to protect, nurture, and reward inventive and artistic creativity. Understand: �All of these things may have tremendous value, although their ultimate value may be difficult to quantify in dollars and cents.� Stated differently, these things are valuable business assets. TRADEMARK PROTECTION �������� Trademark: A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. �������� Once a trademark is established, its owner is entitled to exclusive use of the trademark.� � � �������� A trademark may be establishedeither by: (1)����� registering the mark with one or more states and/or with the U.S. Patent and Trademark Office pursuant to the Lanham Act, or (2)����� prior use sufficient to warrant common law protection. �������� Only those marks that are sufficiently distinctive from all similar or competing marks will be protected under the Lanham Act. The trademark must enable consumers (1)����� to identify the manufacturer of the good easily, and (2)����� differentiate between competing products. See The Coca Cola v. the Koke Co. of America, Case 7.1 on page 127� (hee hee!)� You might be interested in some things. � A strong mark is a �distinctive� type of name, either fanciful, arbitrary, or suggestive.� For example, Microsoft, English Leather, etc. � A secondary meaning� is not inherently distinctive- consider London Fog.� Also, consider the e use of colors- such as the pink sugar replacements and the blue sugar replacements, each meaning a particular brand.� Also, you always recognize the colors of Tommy Hillfiger. � A generic term has no protection.� Thermos used to be a trade name, but now it is generic.� Same for Aspirin.� Arguably Xerox is getting to this point, as well.� Consider the �You have Mail� protection requested by AOL in the case 7.2 on page 129. � TRADE DRESS AND TRADE NAMES �������� Trade Dress:The image and overall appearance of a product.� For example, the distinctive decor, menu, layout, and style of service of a particular restaurant. �������� Trade dress is afforded basically the same protection as a trademark. �������� Trade Name: A term used to indicate part or all of a business� name and that is directly related to the business� reputation and goodwill. �MARKS� �������� Service Mark: A mark used in the sale or the advertising of services to distinguish the services of one person or entity from those of another. �������� Titles, character names, and other distinctive features of radio and television programs may be registered as service marks. �������� Certification Mark: A mark used by one or more persons or entities other than the owner to certify the region, materials, mode of manufacture, quality, or accuracy of the owner�s goods or services (e.g., �UL Tested,� �Good Housekeeping Seal of Approval,� �J.D. Power & Associates�). �������� Collective Mark: A mark used by members of a cooperative, association, or other organization to distinguish products or services approved by the collective from those not so approved (e.g., union labels). PATENTS �������� Patent: A grant from the government giving an inventor the exclusive right or privilege to make, use, or sell his or her invention, as well as any logical embodiments of the invention, for a period of time (14 years if it is a design patent, which may be renewed, or 20 years from time of application which may also be renewed.). �������� A patent may be obtained for a product, a process, or a design.� �������� In order to obtain a patent, the inventor must convince the U.S. Patent and Trademark Office that the product, process, or design is genuine, novel, useful, and not obvious in light of current technology. �������� Unlike many other countries, the U.S. awards patent protection to the first person to invent a product, process, or design, not the first person to file a patent application for said product, process, or design. �������� The patent owner will frequently grant exclusive or non-exclusive licenses to others to enable them to make, use, or sell the patented product, process, or design. In return for which, the patent owner will typically be paid a royalty on all sales of goods manufactured or sold pursuant to the license. ��������� Misuse of a patented item, particularly without a license, can cause damage to the owner of the patent and area actionable in a court of law.� The matters involved are very complex and the result of a jury cannot be predicted as often the jury cannot comprehend the complexities of the materials involved.� Further, patent infringement lawsuits are very expensive, and rather than suing, the holder usually offers to sell the infringer a license to use the patented item. COPYRIGHTS�������� Copyright:The exclusive right of an author to publish, print, or sell a product or his or her intellect for a certain period of time (life of author plus 70 years if copyrighted after 1998).� The famous � symbol. �������� To obtain protection under the Copyright Act, a work must be original and constitute a: ��������������������� (1)� literary work, ��������������������� (2)� musical work, ��������������������� (3)� dramatic work, ��������������������� (4)� pantomime or choreographic work, ��������������������� (5)� pictorial, graphic, or sculptural work, ��������������������� (6)� film or other audiovisual work, or (7) ��sound recording. ��������� Note that, while it is not possible to copyright an idea, the particular expression of an idea is copyrightable. �������� A copyright grants its holder the same monopolistic control over his or her creation as a patent or trademark; however, a copyright may be obtained only for works of art, literature, music, and other forms of authorship (e.g., computer programs). �������� Also, like patents and trademarks, copyrights can be registered in the case of copyrights, with the U.S. Copyright Office, as opposed to the U.S. Patent and Trademark Office. ��������� �������� �Fair Use� Doctrine -- Unlike patents and trademarks, federal copyright law provides a statutory defense to a claim of copyright infringement. Section 107 of the Copyright Act permits a person or organization to reproduce copyrighted material without paying royalties as long as the reproduction constitutes �fair use� including, but not limited to, reproduction for purposes of criticism, commentary, news reporting, teaching, scholarship, or research. Consider the case 7.3,� Repp v. Webber at page 135. TRADE SECRETS �������� Trade Secret: Information or a process that gives a person or business an advantage over competitors who do not have access to the information or process. �������� Trade secrets include such things as customer lists, pricing information, marketing techniques, plans, research and development, production methods, and, generally, anything else that sets an individual business apart from and would have value to its competitors. �������� Trade secret protection is almost exclusively a matter of common law. No federal agency exists for the purpose of registering trade secrets. Likewise, no federal statute exists giving protection to trade secrets. �������� Trade secret protection extends both to ideas and to their expression. �������� Generally, common law will protect an employer from disclosure of trade secrets by a former employee. Consider the case 7.4 at page 137, Ed Nowogroski Insurance, Inc. v. Rucker. TRADEMARK PROTECTION ON THE INTERNET �������� Protection of Domain Names �������� Domain Name: A person�s or entity�s internet address, typically consisting of two �domains,� the first of which designates the name of the person or entity, and the second of which indicates the type of person or entity using the name (e.g., �.edu� for an educational organiza�tion or �.com� for a commercial entity) �������� Increasingly, courts are affording domain names protec�tion akin to that afforded trademarks, at least against unauthorized use of someone else�s domain name. �������� Owners of well known trademarks have also been successful in preventing others from incorporating their trademark into a domain name. More on this topic in Chapter 9. INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY ����������� The Berne Convention: The copyright of any work written by a citizen of a signatory country and any work first published in a signatory country, regardless of the author�s citizenship, must be recognized by all signatory countries. �������� Works first published after March 1, 1989 are so protected even if the signatory country has no prior notice of the copyright. �������� The TRIPS Agreement: Signed by representatives of more than 100 nations in 1994, this agreement is annexed to the General Agreement on Tariffs and Trade (�GATT�) and established, for the first time in many countries, standards for the international protection of patents, trademarks, and copyrights for movies, computer programs, books, and music. �������� Each signatory country must (1) include in its own intellectual property laws protections for foreign intel�lectual property rights which are not substantially different from the rights afforded to domestic intellectual property, and (2) provide legal mechanisms for foreign rights holders to enforce their rights against domestic infringement. What is a grant from the government that gives an inventor the exclusive?Patent: A grant from the government giving an inventor the exclusive right or privilege to make, use, or sell his or her invention, as well as any logical embodiments of the invention, for a period of time (14 years if it is a design patent, which may be renewed, or 20 years from time of application which may also be ...
Which term gives exclusive rights to inventors to produce and sell an invention for 20 years?Exclusive rights: Patents provide you with an exclusive right to prevent or stop others from commercially exploiting an invention for twenty years from the date of filing of the patent application.
What is a patent grant?A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention. They are a form of incorporeal right.
Is a patent a government grant?patent, a government grant to an inventor of the right to exclude others from making, using, or selling an invention, usually for a limited period. Patents are granted for new and useful machines, manufactured products, and industrial processes and for significant improvements of existing ones.
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Is a grant from the government that gives an inventor exclusive rights to an invention for 20 years?
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