Test #1 Flashcards
What is intellectual property?
- Intellectual property (IP), allows people to own their creativity and innovation in the same way that they can own physical property.
- Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as:
- Musical, literary, and artistic works (Copyright law)
- Discoveries and inventions (Patent Law)
- Words, phrases, symbols, and designs (Trademarks)
What are the 3 parts to Intellectual Property?
- Copyright Law
- Patent Law
- Trademarks
What are the 3 Acts pursuant to intellectual property?
- Copyright Act
- Patent Act, and
- Trademarks
What are the objectives of the acts?
- Owners of intellectual property improve society and should therefore be compensated
- Without legal protection for their work for a certain period of time, people may not invest the time and money into creating something for us
Protection under the Patent Act is limited by how many years?
Exclusive Rights - After 20 years, patents become public domain
Define an invention
means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter
Know what CIPO stands for?
Canadian Intellectual Property Office
What is the 3 basic criteria for patentability
- The invention must show novelty (be the first in the world)
- It must show utility (be functional and operative)
- It must show inventive ingenuity and not be obvious to someone skilled in that area
What is Tangeable Items? (saleable/tangible)
A patent is granted only for the physical embodiment of an idea (for example, the description of a possible door lock) or for a process that produces something tangible or that can be sold. You cannot patent a scientific principle, an abstract theorem, an idea, some method of doing business, or a computer program per se.
Know this about the Monsanto Case.
know that you are able to patent a organism. And that the infringement, even if it’s innocent, is still an infringement even though it was an accident.
What are the 6 things that must be included in a patent application?
- A petition,
- A description of the invention,
- An abstract,
- A claim or claims,
- Any drawing referred to in the description, and
- The filing fee.
Define a petition.
The petition is your formal request for a patent. In it you ask for a patent, list the applicant(s) and inventor(s), give the name of your patent, and identify your agent if you have one.
What is a Description?
In a complete description, you must state how the invention works and how it is made. Each part of the invention and the way in which the parts fit together need to be described. In short, once the patent is no longer in force, someone must be able to duplicate your invention based solely on the description.
What is an Abstract?
The abstract is a short technical summary of your invention that includes a statement of the use of the invention. It is primarily used for searching purposes.
What is a Claim?
The claims form the legal basis for protection. You can (and probably should) have several claims for each patent.
Define Drawings.
Drawings must be included with your application, if the invention can be illustrated, so that it is easier to understand the patent. Drawings must be legible, labelled, and referred to in the description and be electronically compliant.
What are the steps to obtain a patent in Canada?
- Determine if you need a patent agent. (Note: if you choose to have an agent, they may assist you in the remaining steps.)
- Do a preliminary search (if there is an existing patent, consider ending the process now)
- Prepare a patent application
- File your application
- Request examination
- Examiner does search for prior patents and studies your claims.
- Examiner either approves or objects to the claims
- Respond to the examiner’s objections and requirements
- Examiner reconsiders and either approves or calls for further amendments
Explain the role of a patent agent?
- Preparing a patent application can be a complex task.
- Patent agents are professionals with considerable experience in drafting applications and navigating the patent process
- They help ensure that you get all of the rights to which you are entitled
What is an infringement?
- Unauthorized use of a patent based on the language of the claims
- A determination is made of the essential elements of the claims
- Happens if someone makes, uses, or sells your patented item without your permission in a county that has granted you a patent, during the term of the patent.
What are the defenses of Infringement?
The defendant may argue:
- that infringement did not occur, or
- may attack the validity of your patent
- The court will decide who is right, based largely on the wording of the claims.
How did the Copyright Act change in 2012?
- Bill C-11 happened in 2012
2012 – Copyright Modernization Act
What does SOCAN stand for?
• The Society of Composers, Authors and Music Publishers of Canada (see slide 29)
What are the steps to filing a copyright?
- Filing,
- Review,
- Registration,
- Certificates of correction,
- Grants of interest (assignment or a license),
- Extracts from the register, photocopies, and certified copies
Define an assignment.
occurs when you transfer part, or all of your rights to another party. The assignment may be for the whole term of the copyright, or for a certain part of it.
