Intellectual Property can be protected through - Answers 1.) Patents
2.) Copyrights
3.) Trademarks
4.)Trade Dress
5.) Trade Secrets
Patents - Answers Types of Patents
1.)Utility Patents
2.)Design Patents
3.) Plant Patents
Utility Patents - Answers Protect novel, useful, and non-obvious process, machine, manufacture, or
composition of matter, or any novel, useful, non-obvious improvement
It is important that the application show that the invention is *Novel*, *Useful* , and *Non-Obvious*
Design Patents - Answers Protect novel, original (rather than non-obvious) and ornamental designs for
an article of manufacture (e.g shape of coke bottle). Design Patents are easier are easier than Utility
Plant Patents - Answers Granted for man-made inventions to any distinct variety of plant that is
asexually reproduced
Filing for Patent Protection - Answers Inventor must file a patent application with the U.S. Patent and
Trademark Office
The 4 parts of the application are
1.)Specifications
2.)Claims
3.)Drawings
4.)Declaration by inventor
Info about Filing for Patent Protection - Answers 1.) The PTO rejects 99% of application. If you are
denied after exhausting remedies, you may try US District Court for the District Court of Columbia or the
US Court of Appeals
, 2.)Provisional Applications- since 1995 inventors can file a provisional application without formal patent
claims. This allows inventors to file earlier than they would otherwise
Patent Infringement - Answers 1.)Direct Infringement- the "doctrine of equivalents" allows a patent
holder to claim infringement when the replication works in substantially the same way as the patented
device
2.)Indirect Infringement- defined as the active inducement of another party to infringe a patent
3.)Contributory infringement- occurs when party sells an item know it will result in the infringement of
another's patent
Defenses for Patent Infringement - Answers 1.) Non-Infringement - Defendant asserts that the
"infringement" does not fall within the claims of the patent
2.) Invalidity- The patent is invalid b/c it is not novel or fails statue requirements
3.)Patent Misuse- Patent holders abused patent rights and should lose those rights
4.) Innocent Infringement- Defendant lacks adequate knowledge of infringement
2.) Damages are awarded based on reasonable royalty for infringed use (up to 100k per use), and pays
court costs and attorney's fees
Copyrights - Answers Books, film, media is all copyrightable. Under US Copyright Act, works must be
fixed in a tangible medium and original. If there are established, copyright is automatic
Copyright- Ownership and Scope of Protection - Answers The author is either the creator of the work or
employer in the case of work made for hire
1.)Expression (One cannot violate this) Versus Idea (We cannot legislate ideas)
2.)Useful Article Doctrine- Copyright does not extend to the useful application of an idea
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