Test 2 Flashcards
Review for Test 2
A grant from the government that gives an inventor exclusive to an invention
Patent
The right of an author or originator of a literary or artistic work, or other production that falls within a specified category to have the exclusive use of that work for a given period of time
Copyright
Any distinctive word, name, symbol, or device, or combination thereof , that an entity uses to distinguish its goods or services from those of others. The owner has the exclusive right to use that mark of trade dress
Trademark
Any information that a business possesses and that gives the business an advantage over its competition
Trade Secret
How is a patent acquired?
By filing a patent application with the U.S. Patent and Trademark Office and receiving its approval.
How is a Copyright acquired?
Automatic (once the work or creation is put in tangible form). Only the expression of an idea (and not the idea itself) can be protected by copyright.
What is the duration of the copyright?
For authors: the title of the author, plus 70 years.
For publishers : 95 years after the date of publication or 120 years after creation
How is a Trademark acquired?
At common law, ownership created by use of the mark. Registration with the appropriate federal or state office gives notice and is permitted if the mark is currently in use or will be within the next six months.
How is a Trade Secret acquired?
Through the originality and development of the information and processes that constitute
What is the duration of the patent?
20 years from the date of the application; for design patents, fourteen years
What is the duration of trademark?
Unlimited, as long as it is in use. To continue notice by registration the owner must renew by filing between the fifth and sixth year, and thereafter, every ten years.
What is the duration of the trade secret?
Unlimited, as long as not revealed to others. Once revealed to others, it is no limit (?)
Remedy for Infringement - Patent
Monetary damages, including royalties and lost profits, plus attorneys’ fees. Damages may be tripled for international infringements.
Remedy for Infringement- Copyright
Actual damages plus profits received by the party who infringed or statutory damages under the copyright Act, plus costs and attorneys’ fess in either situation
Remedy for infringement - Trademark
1) Injunction prohibiting the future use of the mark
2) Actual damages plus profits received by the party who infringed (can be increased under Lanham Act)
3) Destruction of articles that infringed
4) Pus costs and attorneys’ fess
