1.1) Intellectual Property Flashcards
assets like machines, fleet, inventory, cash, computer equipment (laptops, printers, plotters etc…), office furniture, fax machines etc
Tangible asset
Confidential information which is kept between certain people and/or institutions and is not meant to be disclosed.
confidential
Legal protection for author of operating manuals, commercial texts, software and certain other intellectual works
copyrights
In the United States, ______ is a form of legal protection granted to the ornamental design of a functional item i.e the appearance of items. The equivalent in Europe is called ‘industrial design’ protection/rights
design patent
- A _________ is any public distribution of information about an invention, by print, demonstrations, or other means.
- ________ also refers to any part of a patent application process where the inventor discloses details about his invention. An adequate _______ would let a person skilled in the area of your invention reproduce or use your invention.
disclosure
a right reserved exclusively by a particular person or group (especially a hereditary or official right)
exclusive right
assets which cannot be touched and are of an economic value. Typical examples of _________ (2 words) are patents, copyrights, trade marks, business plans, business models or ideas, trade secrets or any kind of data which give their owner a commercial advantage over his competitors
intangible assets
patents, trademarks, copyrights,industrial design rights or trade secrets
intellectual property
Creation of mind, which is an inventive technical solution to a problem previously existing or not. A new device, method, or process developed from study and experimentation
Invention
a person who invents, esp. one who devises some new process, appliance, machine, or article; one who makes inventions
inventor
the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility
jurisdiction
A ______ is a legal document giving official permission to do something.
In the industrial sector it means an agreement between two companies (the licensor who is owner of a right e.g. copyrights, industrial design right, patent etc..) and a company which is interested in using the right
license (US)/licence (Brit)
limited period of time
confined lapse of time
A situation in which a single company or group owns all or nearly all of the market for a given type of product or service. By definition, monopoly is characterized by an absence of competition, which often results in high prices and inferior products.
monopoly
Agreement between two or more parties about the confidentiality of certain data and information or trade secrets
NDA (Non Disclosure Agreement)
set of rights granted by one (or several) states to an inventor for the protection of an invention which is new non obvious and industrially applicable
N.B: _______ are called ‘utility patents’ in the USA and should not be confused with ‘utility models’ (i.e. Gebrauchsmusterschutz in Germany)
patent
A lawyer with expertise in intellectual property law as it pertains to securing and protecting an inventor’s property rights to a unique, useful and nonobvious invention.
patent attorney
________ (2 words) also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.
plant patent
all the patents already granted for a particular field of expertise, all the earlier publications, papers or articles on a special subject that must be provided by the patent applicant
prior art
amount of money, that a licencee pays to a licensor in exchange to import or manufacture a patented invention, or use a software, a registered trademark, a protected design etc..
royalties
to agree to do, give, or allow (something asked for or hoped for)
: to give (something) legally or formally
: to admit (something) although it does not agree with or support your opinion
to grant
Confidential and other types of “undisclosed information” which have commercial value and are protected against breach of confidence and other acts contrary to honest commercial practices
examples: secret formula, method, or device that gives one an advantage over competitors.
trade secret
Protected words, names, symbols, SOUNDS, or COLORS that distinguish goods and services. __________ can be renewed forever as long as they are being used in business.
trademark
Sets of rights granted by some states like Germany (under the name ‘Gebrauchsmusterschutz’) to an inventor for a certain period of time and only for their territory.
The conditions of the protection are the same as for the patent but are only checked thoroughly in case of a law suit.
_________ (2 words) shouldn’t be confused with the American ‘utility patent’!!!
utility model
Sets of rights granted by the USA for the protection (in the USA) of an invention.
It is the equivalent in Europe of the ‘patent’
As in Europe the protection last 20 years at max and the patentability requirements are the same (i.e. new, non obvious/inventive, useful, industrially applicable).
As provided by 35 U.S.C. § 101, an invention is “useful” if it provides some identifiable benefit and is capable of use.
The majority of inventions are usually not challenged as lacking utility, but the doctrine prevents the patenting of fantastic or hypothetical devices such as perpetual motion machines.
utility patent
Data or sets of data which are kept between certain people and/or institutions and is not meant to be disclosed.
confidential information
assets like know how, trade secrets, patents, customer lists, business plans etc…
Intangible asset
