The Basics of Intellectual Property Law By Priyanka Shingade(35) Kunal Mantri(21) Amol Mandale Nilesh Sahane Sagar Surwade
If you don’t see a problem with this question, you need this class!
Types of Intellectual PropertyPatentsTrademarksCopyrightsUnfair CompetitionTrade Secrets
How to Acquire RightsPatentsby Application, Examination and GrantTrademarks & Service Marksby Use in Interstate Commerce, thenregistrationCopyrightby writing something --perfected by declaration and registration
What Is A Patent?Grant by the U.S. Government to provideindividuals legal protection for their discoveries(inventions)Finds basis in Article 1, Section 8, U.S.ConstitutionCongress is empowered to “...promote theprogress of science and useful arts by securingfor limited times to authors and inventors theexclusive right to their respective writings anddiscoveries.”Covered by Federal Law (Title 35 USC)Gives the patent owner the right to preventothers from making, using or selling theclaimed invention within the United States orCountry of Issue.
Utility PatentWhoever invents or discovers any newand useful process, machine,manufacture, or composition of matter,or any new and useful improvementthereof, may obtain a patent therefor,subject to the conditions andrequirements of this title. (35 U.S.C. §101)
Plant PatentsWhoever invents or discovers and asexuallyreproduces any distinct and new variety ofplant, including cultivated spores, mutants,hybrids, and newly found seedlings, otherthan a tuber propagated plant or a plant foundin an uncultivated state. . . (35 U.S.C. § 161) No bacteria or similar single-cell organisms need apply!
Design PatentsWhoever invents any new, original, andornamental design for an article ofmanufacture may obtain a patent. (35U.S.C. § 171)
Life & DurationLife of utility patent - 17 years from dateof issue of Patent if application filedbefore June 95 or 20 years from date offiling application after June 95Effective only in the U.S. (foreignpatent applications filed separately basedon U.S. application are available).
INVENTIONPATENTABLE IF........ NEW USEFUL NOT OBVIOUS PERTAINS TO PATENTABLE SUBJECT MATTER UNLESS GRANT OF PATENT IS NOT BARRED
What is a License?A contract between licensor andlicensee.Licensor grants to licensee the rightto practice the technology claimed inthe licensed patentLicensor agrees not to sue licenseefor infringing licensor’s patent
MarksTrademarks® , ™ A trademark identifies tangible good or product of a company or individual.Servicemarks ®, SM A service mark identifies the service s of a provider. Marks used by a company can function as both.Trade names Once a trade name was used to denote any mark descriptive of a good or service. Today, it is a company business name.
Acquiring Trademark RightsTypes of trademark TM - a Trade Mark™ - used before registration SM - a Service Mark SM - used before registrationUsed in Interstate CommerceRights by Registration®Unfair Competition Misuse of Trade Dress Passing Off
CopyrightsCopyright law protects the expression of anidea. Not the idea itself.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)
OriginalThe term original in the copyright law meansthat the work originated with the author.There is no requirement for novelty oruniqueness as there is in patent law.Must originate with author.
DurationDepends on whether it is pre or post 1 Jan.1978Pre - Depends on whether published?Registered, first term, renewal etc.Post - Life of author + 50 years Work-for-hire 75 years from publication, 100 years from creation which ever is first
OwnershipWorks for Hire - employer is considered the authorwhen: work prepared by an employee within the scope or his/her employment work specially ordered or commissioned for use as a contribution to a collective workTransfer of title v Work-for-Hire under a work for hire, employer is considered the owner. Duration 75 years from pub or 100 from creation. Transfer (assignment etc. 35 years)