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Busines Law Chapter 28, 31, 42 > Chapter 42 > Flashcards

Chapter 42 Flashcards

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1
Q

Patent

A

A grant by the government permitting the inventor exclusive use of an invention for a specified period.

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2
Q

Utility patent

A

Pertains to mechanical inventions, electrical, chemical, process, machine, and composition of matter

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3
Q

A patent is not available solely for an idea, but only for its tangible application

A

yeah

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4
Q

Design Patent

A

Protects the appearance, not the function of an item. It is granted to anyone who invents a new, original, and ornamental design for an article.

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5
Q

Plant patent

A

Anyone who creates a new type of plant can get a patent, provided that the inventor is able to reproduce it asexually.

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6
Q

Requirements for a patent

A
  1. Novel An invention is not patentable if it is (1). known or has already been used in this country, (2). has been described in a publication here or overseas. (3). is otherwise available to the public.
  2. Nonobvious- if it is obvious to a person with ordinary skills in that particular area.
  3. Useful- No necessarily need to be commercially valuable, but it must have some current use.
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7
Q

Patent application and issuance

A

Inventor must file a complex application with the PTO.

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8
Q

Prior sale

A

An inventor must apply for a patent within one year of selling the product commercially.

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9
Q

Provisional patent application

A

Application provides a provable date of filing. Lasts only one year. Once this is filed the application sits dormant for a year, allowing the inventor to show their ideas to potential investors without incurring a full expense of a patent.

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10
Q

Duration of a patent

A

Patents are valid for 20 years from the date of filing the application. (design patents last 14 years). Approval of a patent can last up to 3-6 years from date of filing.

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11
Q

Infringement

A

A patent holder can prohibit others from using any product that is substantially the same, license the product to others for a fee, and recover damages from anyone who uses the product without permission.

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12
Q

Patent troll

A

Someone who buys a portfolio of patents for the purpose of making patent infringement claims

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13
Q

International patent treaties

A

The Paris Convention for the protection of industrial property requires each member country to grant to citizens of other member countries the same rights under patent law as its own citizens enjoy.

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14
Q

The patent law treaty

A

requires that countries use the same standards for the form and content of patent applications (whether submitted on paper or electronically)

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15
Q

Patent cooperation treaty

A

A step toward providing more coordinated patent review across many countries.

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16
Q

Patent prosecution highway

A

Under this system, once a patent is approved by one country, it goes to the head of the line for patent examination in the other country

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17
Q

Copyrights

A

The holder of a copyright owns the particular tangible expression of an idea, but not the underlying idea or methog of operation.

18
Q

Infringement copyright

A

To prove a violation, the plaintiff must present evidence that the work was original and that the infringer actually copied the work or the infringed had access to the original and the two works are substantially similar

19
Q

First Sale Doctrine

A

Permits a person who owns a lawfully copy of a copyrighted work to sell or otherwise dispose of the copy

20
Q

Fair use Doctrine

A

Permits limited use of copyrighted material without permission of the author for purposes such as criticism, comment, news reporting, scholarship, or research

21
Q

Parody

A

is a fair use of a copyrighted material so long as the use of the original is not excessive.

22
Q

No electronic theft act

A

Is intended to deter the downloading of copyrighted material.

23
Q

The family entertainment and copyright act

A

is a criminal offense to use a camcorder to film a movie in the theater

24
Q

Digital millennium copyright act provides that:

A

It is illegal to delete copyright information, such as the name of the author or the title of this article.
It is illegal to circumvent encryption or scrambling devices that protect copyrighted works
It is illegeal to distribute tools and technologies used to circumvent encryption devices.

25
Q

Online services providers are not liable for posting copyrighted material so long as they are unaware that the material is illegal and they remove it promptly after receiving notice that it violates copyright law.

A

goes with digital millennium copyright act

26
Q

International copyright treaties

A

The berne convention requires member countries to provide automatic copyright protection to any works created in another member country

27
Q

Trademarks

A

Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others

28
Q

Service marks

A

Used to identify services (Burger King)

29
Q

Certification marks

A

are words or symbols used by a person or organization to attest that products and services produced by others meet certain standards

30
Q

Collective marks

A

Used to identify members of an organization

31
Q

Valid trademarks

A

must be distinctive, meaning the mark must be clearly distinguish one product from another

32
Q

Fanciful marks

A

are made up words such as kodak

33
Q

Arbitrary marks

A

Use existing words that do not describe the product

34
Q

Suggestive marks

A

Indirectly describes the products function

35
Q

Trade dress

A

The image and overall apprearance of a business or product

36
Q

Cannot be trademarks

A 
Similar to an existing mark
Generic trademarks 
Descriptive marks
Names
Deceptive marks
Scandalous or immoral marks
37
Q

Federal trademark dilution act of 1995

A

This statute prevents others from using a trademark in a way that 1 it dilutes its value, even though the consumers are not confused about the origin of the product or 2. It tarnishes by association with unwholesome goods or services

38
Q

ACPA Anticybersquatting consumer protection act.

A

Permits both trademarks owners and famous people to sue anyone who registers their name as a domain name in bad faith.

39
Q

Trade Secrets

A

A formula, device, process, method or compilation of information that, when used in business, gives the owner an advantage over competitors.

40
Q

Intellectual property

A

typically is expensive to produce but cheap to reproduce and transmit

Busines Law Chapter 28, 31, 42 (3 decks)

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