Ch. 4 Owning Intellectual Property

Question 1

Copyright requirements

Answer 1

• 1) originality: independently created + minimal degree of creativity
• 2) work of authorship
• literary works (+ computer games), musical works, dramatic works, pantomimes and choreograhic works, pictorial, graphic sculptural works, motion pictures + other audiovisual, sound recordings, architectural works
• fixation: must be written, recorded, or otherwise embodied in some physical form
• do NOT need to register or give notice

Question 2

what does copyright do

Answer 2

o Promote the progress of useful arts
o Primarily a right to exclude
o May transfer copyright to others or effectively destroy it by abandoning it
o Author’s life + 70 years

Question 3

Are facts copyrightable?

Answer 3

no but compilations are depending on originality of selection and arrangement. The arrangement can be but not the facts

Question 4

Patents: what do they do?

Answer 4

o Incentive for inventors + patent applicant must disclose process so helps others create different, non-infringing invetions
o Owner of patent (patentee) can
• Exclude: others from making, using, or selling
• Term: 20 years from file date
• Can transfer right to others or destroy it by letting it lapse
• Doesn’t ensure right to use

Question 5

Patents: how to bring cause of action?

Answer 5

o Must show either literal infringement or infringement under doctrine of equivalents

Question 6

patents: elements

Answer 6

1) patentable subject matter: process, machine, manufacture, or composition of matter
2) utility: only useful inventions
3) novelty: only novel inventions can be patented; novel unless: one source of prior art both discloses every element of the invention and enables a person skilled in the art to make it
4) nonbviousness: obvious invention does not qualify; 1) scope and content of prior art 2) different between prior and claims at issue 3) level of ordinary skill in the pertinent art 4) secondary considerations like commercial success of others

5) enablement: patent must describe in such detail that would enable anyone skilled in the art to which it pertains to make and use the same
• issuance does not guarantee validity

Question 7

is nonnaturraly occurring manufacture or composition of matter patentable?

Answer 7

yes but but naturally occurring phenomena is not

Question 8

trademark: what does it do?

Answer 8

o Word, name, symbol, device used to identify and distinguish goods
• Specialized right to exclude in a geographic area
• Sole right to use
• May destroy right by abandonment

Question 9

3 elements of trademark

Answer 9

• first use in trade
• distinctiveness
• nonfunctionality-does not protect a feature that is functional

Question 10

what must P prove in trademark case

Answer 10

• Holds valid trademark with priority over d’s mark
• D’s use is likely to confuse or deceive customers
• D may be liable for dilution if conduct blurs or tarnishes P’s famous mark

Question 11

3 types of IP

Answer 11

copyrights
patents
trademarks

Question 12

4 elements of copyright

Answer 12

originality
work of authorship
fixation
no need to register or give notice

Question 13

fixation

Answer 13

copyrighted material must be embodied in some form

Question 14

patents: nonobviousness

Answer 14

can’t be obvious to a person of ordinary skill working in the field

Question 15

patent: micro-organisms

Answer 15

ok if not found anywhere in nature.

If organisms go through manufacture or process