Intellectual Property Flashcards
Under …………….. law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical works, literary works, artistic works, discoveries, inventions, words, phrases, symbols, and designs.
Intellectual Property
Kinds of IP Law
Copyrights Trademarks Patents Industrial Design Rights Trade Secrets
……………………….Include product formulas, patterns, designs, compilations of data, customer lists, and other business secrets.
Trade Secrets
……………….are not necessarily covered by patents, copyrights, or trademarks because they don’t qualify or they’re simply not patented, copyrighted, or trademarked
Trade Secrets
The owner of a……….. must take all reasonable precautions (like fencing, locks, security guards) to prevent others from discovering it.
trade secret
Trade Secret Lawsuits are…………
Civil lawsuit
If the trade secret lawsuit is successful, a plaintiff can …………
Recover the profits made by the offender from the use of the trade secret;
Recover for damages; and
Obtain an injunction prohibiting the offender from divulging or using the trade secret.
Under the………………………….. it’s a federal crime for any person to convert a trade secret to his or her benefit or for the benefit of others, knowing or intending that doing so would cause injury to the owner of the trade secret.
Federal Economic Espionage Act of 1996,
Penalties for espionage for an organization include fines of up to……….. per criminal act. For individuals, they can face up to………………….. per criminal violation
$5 million
15 years in prison
The …………………….provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement
Federal Patent Statute of 1952
……………………………………………….was created in 1982 to hear patent appeals in order to promote uniformity in patent law.
The Court of Appeals for the Federal Circuit in DC
USPTO stands for
United States Patent and Trademark Office
Patent application must be filed with ……………
United States Patent and Trademark Office
Patentable subject matter includes
machines, processes, compositions of matter, improvements to existing machines, processes, or composition of matter, designs for an article of manufacture, asexually reproduced plants, and living material invented by a person.
Patent holders usually affix the Word……………. and the patent number to the patented article.
Patent or Pat
If the patent application is filed but a patent has not yet been issued, the applicant usually places the words …………………on the article.
patent pending
Patents on articles of manufacture and processes are valid for ……………. (design patents for ………………), starting when the application was filed.
20 years
14 years
GATT stands for……..
the General Agreement on Tariffs and Trade
WTO stands for………….
World Trade Organization
In 1994, the GATT established the………………
General Agreement on Tariffs and Trade (GATT)World Trade Organization (WTO).
For patents the US still follows the…………….rule rather than the ………………….rule followed by some other countries.
“first to invent”
“first to file”
Patent holders own…………………. to use and exploit their patent.
exclusive rights
The …………………………….says that a patent may not be granted if the invention was used by the public for more than one year prior to filing.
Public Use Doctrine
A……………………….. is the exclusive legal right to reproduce, publish, and sell, literary, musical, or artistic work.
copyright
