Section #4: IP and Patents

Question 1

Three types of IP

Answer 1

Copyrights, patents, and trademarks

Question 2

Cheney brothers case

Answer 2

Doris Silk was using designs from another designer that were popular and undercutting them. It was found that they were able to do that, because it drove competition and prices down.

Question 3

Length of a copyright

Answer 3

For life plus 70 years

Question 4

Three elements of a valid copyright

Answer 4

Originality, work of authorship, fixation

Question 5

Define the element of fixation in copyright

Answer 5

Fixation is the work must be embodied in physical form

Question 6

Rural v Feist

Answer 6

Rural is phone company, and Feist used there phone numbers for their phone book. Held that Rurals phone book wasn’t original and could be ripped off.

Question 7

Patent length

Answer 7

20 years from the date filed

Question 8

Patent elements

Answer 8

Patenable subject matter, utility, novelty, non-obvious

Question 9

Non-obviousness element of patent: define

Answer 9

Would a person with ordinary skill in the art see it as obvious.

Question 10

Trademark elements

Answer 10

Distinctiveness, non-functionality; first use in trade