Ch.12- Intellectual Property and Cyber Law

Categories of Distinctiveness

1. Arbitrat or Fanciful 2. Suggestive 3. Descriptive 4. Generic

Trademark

A distinctive word, name, symbol, or device that works to identify a particular good or service

Intellectual property

A form of intangible property representing the product of one's mind 1. Patent (protects inventions & methods) 2. Trademarks (protects indicators of the source of products & services) 3. Copyright (protects original expressions) 4. Trade Secrets (protects valuable secrets)

Patent pending

A legally recognized status where a patent has been applied for but has yet to be granted that puts those who might wish to copy the invention on notice that they could be liable for damages and an injunction once the patent is issued

Patent

A set of rights granted by the federal government to an inventor that provides the inventor the exclusive ability to make, use, and sell an intention for a limited time - Example:ingredient to speed concrete drying -Utility, design, and plant patents

Misappropriation

The act of stealing something and using it for one's own personal gain, typically money.

Copyright

The exclusive right granted to the author of an original work--including literary, dramatic, musical, artistic, and certain other intellectual works--to reproduce the work for a set period of time. -Example: a movie or lyrics to a song

Patent deed

The official document provided by the PTO (Patent and Trademark Office) indicating that a patent has been granted

Prior art

is constituted by all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality.

Suggestive Marks

marks that suggest a quality or characteristic of the goods and services

Generic Terms

Generic terms, like "car" or "ruby", simply refer to a general class of which the specific product or service is only one example.

Utility patent

A type of patent granted for a useful innovative item or process, or an improvement to an existing item or process that also is useful. -generally useful, non-obvious, and novel (new) as to state of the art...

Work for hire

Allows someone who did not create an original work to be a copyright owner when an employee or independent contractor actually created the work

Provisional application

An initial application process that is easier and cheaper than pursing the standard patent application but only provides limited rights for a one-year period

Abandonment of Trademark

Nonuse of a mark for three consecutive years creates a legal presumption that the mark has been abandoned.

Descriptive Marks

These marks merely describe the goods or services for which the mark is used.

Trade secret

Valuable information used in a commercial enterprise and not known to the public.

Arbitrary or Fanciful Marks

arbitrary marks are those trademarks or service marks that consist of a word or symbol that has nothing to do with the products or services being offered. Unlike fanciful marks ("Google"), an arbitrary mark is a real word, but the word is used such that there is no connection to the meaning.