Flashcards in Intellectual Property Deck (73)
_____________________ for which a set of exclusive rights are recognized - and the corresponding fields of law.
Creations of the mind
Creations of the mind for which a ___________________________________ - and the corresponding fields of law.
set of exclusive rights are recognized
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 areas of IP law
4. Industrial Design Rights
5. Trade Secrets
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.
The owner of a trade secret must take ____________________________________________ to prevent others from ________________________.
all reasonable precautions
discovering the secret
Trade Secret Lawsuits
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.
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
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
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
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
______________________________________- 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
The Court of Appeals for the Federal Circuit in DC was created in ______ to _____________________________.
hear patent appeals in order to promote uniformity in patent law.
Patent applications must be field with ___________________________.
United States Patent and Trademark Office.
United States Patent and Trademark Office
Invention that is filed with USPTO must be __________, ________, and ______________.
novel, useful, and nonobvious
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.
If the patent app is granted, the invention is assigned a _______________-.
Patent holders usually affix the word _____ or ___ and ____________ to the patented article.
Patent or Pat.
the patent number
If the patent application is filed but a patent has not yet been issued, the applicant usually places the words _____________________ on the article.
Patents on articles of manufacture and processes are valid for ______ (design patents for _______ years), starting when the application was filed.
General Agreement on Tarriffs
World Trade Organization
The General Agreement on Tariffs and Trade established the World Trade Organization in
GATT brought the ______________________ in harmony with the majority of other developed nations.
U.S. patent system
The US still follows the __________________ rule rather than the ______________________ rule followed by some other countries.
first to invent
first to file