Chapter 6 Flashcards
What are the four types of intellectual property?
Patents, Trademarks, Copyrights, Trade Secrets
Patent
The total culture of a family firm, consisting of the firm’s business, family, and governance patterns
Three Types of Patents
Utility patent, Design Patent, Plant Patent
Utility Patent
Protection of new, useful, and unobvious processes, machines, compositions of matter, and articles of manufacture; term of 20 years
Design Patent
Covers new, original, ornamental, and unobvious designs for articles of manufacture; term of 14 years.
Plant patent
Given for new varieties of plants.
The Provisional Application
It is the initial application to the PTO providing evidence of first to market.
Patent Infringement
May result due to the fact that many businesses, inventions, or innovations are results of improvements on, or modifications of, existing products.
Trademarks
A distinguishing word, name, or symbol used to identify a product
Categories of Trademarks
Coined marks.
Arbitrary marks.
Suggestive marks.
Descriptive marks.
Lanham Trademark Act (1946)
creates incentives for companies to invest; prevents unjust enrichment of companies who infringe.
Federal Trademark Dilution Act (1995)
Cause of action regardless of competition or confusion based on a “similar” mark.
Benefits of a Registered Trademark
Entitles you to sue in federal court of trademark infringement
Establishes incontestable rights regarding the use of the mark
Provides basis for filling trademark application in foreign countries.
Trade Secrets
Provides protection against others revealing or disclosing information that could be damaging to business.
Computer Software Copyright Act (1980)
Classifies computer software as a “literary work.”
Does not apply to “look and feel.”
