Unit 13 Intellectual Property
licensee
A person to whom the owner of a patent, copyright, or trademark grants a right to use
inventor
A person who creates an invention. (author, maker, creator, devisor, pioneer, improviser)
patentee
A person who receives a patent
generic
1. Pertaining to a kind, class, or group. 2. General; inclusive
tying
(Also called tie-in). Business practice in which the purchase of a patented item is tied to a second, non patented item. An unjustified tying arrangement is patent misuse
author
1. A person who produces a written work. 2. A person who originates something; a maker. In copyright law, a person can be an author without producing any original material, provided she does something beyond copying, such as compiling or editing (producer, maker, originator, biographer, inventor, creator, planner)
license
1. A special privilege, not a right common to everyone. 2. Authorization by the owner of a patent to make, use, or sell the patented article; permission by the owner of a trademark or copyright to use the trademark or to make use of the copyrighted material.
work made for hire
1. A work prepared by an employee within the scope of his or her employment. 2. A work specially ordered of commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire
intangible property
1. An incorporeal right unrelated to a physical thing. EXAMPLES: a right to sue (i.e., a cause of action); a right to inherit property. 2. Property that has no intrinsic value, but evidences something of value. EXAMPLE: a stock certificate (which evidences a share in the ownership of the corporation that issued it).
writing
1. Anything that is written. The Uniform Commercial Code defines "written" or "writing" to include "printing, typewriting, or any other intentional reduction (or words) to tangible form." 2. The expression of ideas by visible letters, numbers, or other symbols
device
1. In patent law, an invention. 2. An emblem such as a business logo or a union label. 3. An apparatus; machine, appliance, or contrivance. (instrument, mechanism, contraption, invention, construction, apparatus)
invention
1. The act of creating something patentable. 2. The thing that has been invented. 3. The act of creating something new. (finding, discovery, creation, improvisation)
automated database
A body of facts, data, or other information assembled into an organized format suitable for use in a computer and comprising one or more files
unfair competition
A collection of common law principles that protect against unfair business practices
visually perceptible copy
A copy that can be visually observed when it is embodied in a material object, either directly or with the aid of a machine or device.
pioneer patent
A patent in a new field; a totally new device; a basis patent
exclusive jurisdiction
A court's sole authority to hear a certain type of case
trade libel
A libel that defames the goods or products a person produces in her business or occupation, as opposed to a libel against the person herself.
service mark
A mark design, title, or motto used in the sale of advertising of services to identify the services and distinguish them from the services of others. A service mark is the property of its owner and, when registered under the Trademark Act, is reserved for the exclusive use of its owner
trademark
A mark, design, title, logo, or motto used in the sale or advertising of products to identify them and distinguish them from the products of others. A trademark is the property of its owner and, when registered under the Trademark Act, is reserved for the exclusive use of its owner. The symbol ® is used to indicate a registered trademark. (logo, brand, identification, mark, design, initials, logotype, stamp)
design patent
A patent of a design that gives an original and pleasing appearance to an article
drawing (trademark)
A substantially exact representation of the mark as used (or, in the case of intent-to-use applications, as intended to be used). A drawing is required for all federal trademark applications and for many state trademark applications
piracy
A term for infringement of copyright or for using literary property without permission, plagiarism. (plagiarism, infringement, appropriation)
collective mark
A trademark or service mark used to identify a trade association, fraternal society, or union
infringement of trademark
A use or imitation of a trademark in such manner that a purchaser of goods is likely to be decided into believing that they are the goods of the owner of the trademark
infringement
A violation of a right or privilege. (violation, misfeature, invasion, encroachment, interference, breach)
patent medicine
An over-the-counter medication; a medication concocted by a manufacturer, often according to a secret formula. Note that a patent medicine is generally not patented; however, it if often protected by trademark
trademark license
Agreement granting limited trademark rights
exclusive license
Agreement to restrict the grant of proprietary rights to one person
amendment to allege use
Amendment to an intent-to-use application indicating use of a mark on commerce; the amendment can only be filed before approval of the mark for publication (or, if there is a rejection, within six months of the response period).
useful article
An article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a useful article
transfer of copyright ownership
An assignment, mortgage, exclusive license, transfer by will or interstate succession, or any other change in the ownership of any or all of the exclusive rights in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license
usefulness
An invention must have a use or purpose and must work (i.e., be capable of performing its intended purpose).
divisional application
Application made for an independent invention that has grown out of an earlier application; a method of dividing an original application that contains two or more inventions. Trademark applications may also be divided
motion picture
Audiovisual works consisting of a series of related images that, when shown in succession, impart an impression of motion with sound, if any
Patent and Trademark Office
Authorized by the Constitution and established by Congress, this office of the federal government registers all trademarks and grants all patents issued in the United States. Its duties also include examining patents, hearing and deciding appeals from inventors and trademark applicants, and publishing the Official Gazette
trade secret
Confidential information concerning an industrial process or the way in which a business is conducted. Trade secrets are of special value to a business and are the property of the business
evaluation agreement
Contract by which one party promises to submit an idea and the other party promises to evaluate the idea. After the evaluation, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea
work of authorship
Creating of intellectual or artistic effort fixed or embodied in a perceptible form and meeting the statutory standards of copyright protection
disparagement of goods
Criticism that discredits the quality of merchandise or other property offered for sale
disparagement
Discredit; detraction; dishonor; denunciation; disrespect
patentable
Entitled to receive a patent. To be patentable, an idea must include every essential characteristic of the complete and practical invention
logo
Graphic symbols that function as a mark
misappropriation of trade secret
Improper acquisition of a trade secret by a person who has reason to know that the trade secret was obtained by improper means, or the disclosure or use of a trade secret without consent by a person who either had a duty to maintain secrecy or who used improper means to acquire the secret
literary work
In copyright law, "works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or induced, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phone records, film, tapes, disks, or cards, in which they are embodied."
public use
In patent law, any use of an invention other than a secret or experimental use.
intangible asset
Intangible property that has value
authorization of agent
Inventor's or patent owner's authorization of representation by a patent agent
utility patents
Legal protection granted for inventions of discoveries that are categorized as machines, processes, compositions, articles of manufacture, or new uses of any of these
abandonment of trademark
Loss of trademark rights resulting from nonuse of the mark; demonstrated by sufficient evidence that the owner intends to discontinue use of the mark. May also occur when a mark has lost its distinctiveness or through the owner's misuse of trademark rights
dramatic works
Narrative presentations (and any accompanying music) that generally use dialogue and stage directions as the basis for a theatrical exhibition
write of seizure
Order of the court directing the federal marshal to seize and hold infringing merchandise; granted only upon payment of a bond
intellectual property
Property (EXAMPLES: copyrights; patents; trade secrets) that is the physical or tangible result of original thought. Modern technology has brought about widespread infringement of intellectual property rights. EXAMPLES: the unauthorized reproduction and sale of videotapes, audiotapes, and computer software.
tangible property
Property, real or personal, that has physical substance; property that can be physically possessed. EXAMPLES: real estate; automobiles; jewelry
doctrine of equivalents
Right of patent owner to prevent sale, use, or manufacture of a discovery or invention if it employs substantially the same means to achieve substantially the same results in substantially the same way as that claimed
moral rights
Rights that protect the professional honor and reputation of an artist by guaranteeing the right to claim or disclaim authorship of a work and the right to prevent, in certain cases, distortion, mutilation, or other modification of the work.
patent infringement
See infringement of patent. "The manufacture, use, or sale of a patent or process patent without the authorization of the owner of the patent"
disclaimer
Statement that a trademark owner asserts no exclusive right in a specific portion of a mark, apart from its use within the mark
abstract
Summary of the invention that enables the reader to determine the character of the patentable subject matter
registration
The act of registering (recording, reservation, inscription, enrollment, filing, listing)
dilution
The adverse effect of use of a similar work on the reputation of a distinctive mark, even though the use may not confuse consumers as to the source of the goods or services; occurs when the defendant's use weakens or reduces the distinctive qualify of the mark. A claim of dilution is available only under state laws, sometimes known as antidilution statutes.
architectural work
The design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings; it includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features
literary property
The interest of an author, or anyone to whom she has transferred her interest, in her own work; the exclusive right of an author to use and profit from her own written or printed intellectual production.
infringement of patent
The manufacture, use, or sale of a patent or process patent without the authorization of the owner of the patent
trade name
The name under which a company does business. The goodwill of a company includes its trade name
basic registration
The primary copyright record made for each version of a particular work
fair use doctrine
The principle that entitles a person to use copyrighted material in a reasonable manner, including a work's theme or idea, without the consent of the copyright owner. EXAMPLE: teachers photocopying one page of a magazine for students
patentability
The qualify of being patentable
access
The reasonable opportunity of the defendant to view or hear the copyrighted work
patent rights
The rights a patentee receives with respect to her invention as a result of having been granted a patent for it.
trade dress
The size, shape, texture, color, graphics, and other distinct features of a product that constitute its total appearance used to promote the sale of the product
transmit
To communicate a copyrighted work by any device or process whereby images or sounds are received beyond the place from which they are sent
display publicly
To show a copy of a copyrighted work, either directly or by means of a film, slide, television image, or any other device or process where the public is gathered or the work is transmitted or otherwise communicated to the public
work of visual art
Under the Copyright Act of 1976, either (1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author.
trademark infringement
Use of a substantially similar mark by a junior user that creates a likelihood of consumer confusion.
use in commerce
Use of a trademark by placing it on goods or containers, tags or labels, displays associated with the goods (or, if otherwise impracticable, on documents associated with the goods), and selling or transporting the goods in commerce regulated by the United States
infringement of copyright
Using any portion of copyrighted material without the consent of the copyright owner. See also copyright
exhaustion doctrine
When a patented product (or product resulting from a patented process) is sold or licensed, the patent owner loses some or all patent rights as to the resale of that particular article
arbitrary mark
Word or image that has a common meaning that does not describe or suggest the goods or services with which it is associated
audiovisual works
Works that consist of a series of related images that are intrinsically intended to be shown by the use of machines or devices, such as projectors, viewers, or electronic equipment, together with accompanying sounds if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied
intangible
adj. Without physical substance; nonmaterial. n. A thing that may or may not have value, but has no physical substance; an intangible asset or intangible property. EXAMPLES: a copyright; goodwill. adj. nonphysical, abstract, imperceptible, impalpable
distinctive
adj. characteristic, distinguishing, particular, uncommon, idiosyncratic, salient
patent
n. 1. The exclusive right of manufacture, sale, or use granted by the federal government to a person who invents or discovers a device or process that is new and useful. 2. The grant of a right, privilege, or authority by the government. The abbreviation "Pat." is often used. v. To obtain a patent upon an invention. (permit, license, certificate, trademark, right, legal right)
derivative work
n. A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications that, as a whole, represent an original work of authorship is also a derivative work
copyright
n. The right of an author, granted by federal statute, to exclusively control the reproduction, distribution, and sale of her literary, artistic, or intellectual productions for the period of the copyright's existence. Copyright protection extends to written work, music, films, sound recordings, photographs, paintings, sculpture, and some computer program and chips. The symbol © is used to show copyright protection. v. To acquire a copyright (authority, grant, license, permit, privilege, authorization)
idea
n. concept, thought, belief, proposal