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Flashcards in Intellectual Property Deck (73)
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1

IP

Intellectual Property

2

_____________________ for which a set of exclusive rights are recognized - and the corresponding fields of law.

Creations of the mind

3

Creations of the mind for which a ___________________________________ - and the corresponding fields of law.

set of exclusive rights are recognized

4

Under IP law, owners are granted certain _______________________________ to a variety of intangible assets, such as musical works, literary works, artistic works, discoveries, inventions, words, phrases, symbols, and designs.

certain exclusive rights

5

5 areas of IP law

1. Copyrights
2. Trademarks
3. Patents
4. Industrial Design Rights
5. Trade Secrets

6

Trade Secrets include ____________________________________________________________________-.

product formulas, patterns, designs, compilations of data, customer lists, and other business secrets.

7

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.

TRUE

8

The owner of a trade secret must take ____________________________________________ to prevent others from ________________________.

all reasonable precautions
discovering the secret

9

Trade Secret Lawsuits

Civil lawsuit

10

If a civil trade secret lawsuit is successful, a plaintiff can (3 things)

1. Recover the profits made by the offender from the use of the trade secret
2. Recover the damages; and
3. Obtain an injunction prohibiting the offender from divulging or using the trade secret.

11

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.

Economic Espionage Act of 1996

12

Penalties for an organization that converts a trade secret and violates the Economic Espionage Act of 1996 includes fines up to ____________________ per criminal act.

$15 million dollars

13

Penalty for trade secret conversion in violation of the Economic Espionage Act of 1996 for individuals is

facing up to 15 years in prison per criminal act

14

The _________________________________ provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement.

Federal Patent Statute of 952

15

______________________________________- 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

16

The Court of Appeals for the Federal Circuit in DC was created in ______ to _____________________________.

1982
hear patent appeals in order to promote uniformity in patent law.

17

Patent applications must be field with ___________________________.

United States Patent and Trademark Office.

18

USPTO

United States Patent and Trademark Office

19

Invention that is filed with USPTO must be __________, ________, and ______________.

novel, useful, and nonobvious

20

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.

21

If the patent app is granted, the invention is assigned a _______________-.

patent number.

22

Patent holders usually affix the word _____ or ___ and ____________ to the patented article.

Patent or Pat.
the patent number

23

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

24

Patents on articles of manufacture and processes are valid for ______ (design patents for _______ years), starting when the application was filed.

20
14

25

GATT

General Agreement on Tarriffs

26

WTO

World Trade Organization

27

The General Agreement on Tariffs and Trade established the World Trade Organization in

1994

28

GATT brought the ______________________ in harmony with the majority of other developed nations.

U.S. patent system

29

The US still follows the __________________ rule rather than the ______________________ rule followed by some other countries.

first to invent

first to file

30

__________________ own exclusive rights to use and exploit their patent.

Patent holders