Chapter 42 Flashcards Preview

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Flashcards in Chapter 42 Deck (40):


A grant by the government permitting the inventor exclusive use of an invention for a specified period.


Utility patent

Pertains to mechanical inventions, electrical, chemical, process, machine, and composition of matter


A patent is not available solely for an idea, but only for its tangible application



Design Patent

Protects the appearance, not the function of an item. It is granted to anyone who invents a new, original, and ornamental design for an article.


Plant patent

Anyone who creates a new type of plant can get a patent, provided that the inventor is able to reproduce it asexually.


Requirements for a patent

1. Novel An invention is not patentable if it is (1). known or has already been used in this country, (2). has been described in a publication here or overseas. (3). is otherwise available to the public.
2. Nonobvious- if it is obvious to a person with ordinary skills in that particular area.
3. Useful- No necessarily need to be commercially valuable, but it must have some current use.


Patent application and issuance

Inventor must file a complex application with the PTO.


Prior sale

An inventor must apply for a patent within one year of selling the product commercially.


Provisional patent application

Application provides a provable date of filing. Lasts only one year. Once this is filed the application sits dormant for a year, allowing the inventor to show their ideas to potential investors without incurring a full expense of a patent.


Duration of a patent

Patents are valid for 20 years from the date of filing the application. (design patents last 14 years). Approval of a patent can last up to 3-6 years from date of filing.



A patent holder can prohibit others from using any product that is substantially the same, license the product to others for a fee, and recover damages from anyone who uses the product without permission.


Patent troll

Someone who buys a portfolio of patents for the purpose of making patent infringement claims


International patent treaties

The Paris Convention for the protection of industrial property requires each member country to grant to citizens of other member countries the same rights under patent law as its own citizens enjoy.


The patent law treaty

requires that countries use the same standards for the form and content of patent applications (whether submitted on paper or electronically)


Patent cooperation treaty

A step toward providing more coordinated patent review across many countries.


Patent prosecution highway

Under this system, once a patent is approved by one country, it goes to the head of the line for patent examination in the other country



The holder of a copyright owns the particular tangible expression of an idea, but not the underlying idea or methog of operation.


Infringement copyright

To prove a violation, the plaintiff must present evidence that the work was original and that the infringer actually copied the work or the infringed had access to the original and the two works are substantially similar


First Sale Doctrine

Permits a person who owns a lawfully copy of a copyrighted work to sell or otherwise dispose of the copy


Fair use Doctrine

Permits limited use of copyrighted material without permission of the author for purposes such as criticism, comment, news reporting, scholarship, or research



is a fair use of a copyrighted material so long as the use of the original is not excessive.


No electronic theft act

Is intended to deter the downloading of copyrighted material.


The family entertainment and copyright act

is a criminal offense to use a camcorder to film a movie in the theater


Digital millennium copyright act provides that:

It is illegal to delete copyright information, such as the name of the author or the title of this article.
It is illegal to circumvent encryption or scrambling devices that protect copyrighted works
It is illegeal to distribute tools and technologies used to circumvent encryption devices.


Online services providers are not liable for posting copyrighted material so long as they are unaware that the material is illegal and they remove it promptly after receiving notice that it violates copyright law.

goes with digital millennium copyright act


International copyright treaties

The berne convention requires member countries to provide automatic copyright protection to any works created in another member country



Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others


Service marks

Used to identify services (Burger King)


Certification marks

are words or symbols used by a person or organization to attest that products and services produced by others meet certain standards


Collective marks

Used to identify members of an organization


Valid trademarks

must be distinctive, meaning the mark must be clearly distinguish one product from another


Fanciful marks

are made up words such as kodak


Arbitrary marks

Use existing words that do not describe the product


Suggestive marks

Indirectly describes the products function


Trade dress

The image and overall apprearance of a business or product


Cannot be trademarks

Similar to an existing mark
Generic trademarks
Descriptive marks
Deceptive marks
Scandalous or immoral marks


Federal trademark dilution act of 1995

This statute prevents others from using a trademark in a way that 1 it dilutes its value, even though the consumers are not confused about the origin of the product or 2. It tarnishes by association with unwholesome goods or services


ACPA Anticybersquatting consumer protection act.

Permits both trademarks owners and famous people to sue anyone who registers their name as a domain name in bad faith.


Trade Secrets

A formula, device, process, method or compilation of information that, when used in business, gives the owner an advantage over competitors.


Intellectual property

typically is expensive to produce but cheap to reproduce and transmit