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34 Cards in this Set
- Front
- Back
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Intellectual property |
Patents, copyrights, trademarks, and Trade Secrets. Federal and state laws protect intellectual property rights from misappropriation infringement |
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Trade secret |
A product formula, pattern, design, compilation of data, customer list, or other business Secret |
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Economic Espionage Act |
A federal statute that makes it a crime for any person to convert a trade secret for his or her own or another's benefit , knowing or intending to cause injury to the owners of the trade secret |
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Federal patent statute |
A federal statute that establishes the requirements for obtaining a patent and protect patented inventions from infringement |
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Patent |
a grant by the federal government to the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time |
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US court of appeals for the federal circuit |
A special Federal appeals court that hears appeals from the board of patent appeals and interferences in federal court concerning patent issues |
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Provisional application |
An application that an adventure me file with the PTO to obtain 3 months to prepare a final patent application |
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Utility Patent |
A patent that protects the functionality of an invention |
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Requirements for obtaining a patent |
To be patented, and invention must be one novel, two useful, and three non obvious |
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Leahy - Smith America invents act (AIA) |
A federal statute that significantly amended federal patent law |
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Patent infringement |
Unauthorized use of another's patent. A patent holder May recover damages and other remedies against a patent infinger |
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Design patent |
A patent that may be obtained for the ornamental non functional design of an item |
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Copyright |
The legal right that gives the author of qualifying subject matter, who meet other requirements established by copyright law, the exclusive right to publish, produce, sell, license, and distribute the work. |
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Copyright revision Act |
A federal statute that 1 establishes the requirements for obtaining a copyright and 2 protect copyrighted works from infringement |
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Berne convention |
An international copyright treaty |
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Copyright infringement |
An infringement that occurs when a party copies in substantial and material part of a plaintiff's copyrighted work without permission. A copyright holder May recover damages and other remedies against the infringer |
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Fair use Doctrine |
A doctrine that permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder |
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No Electronic Theft NET Act |
The federal statute that makes it a crime for a person to infringe willfully on a copyright |
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Digital Millennium Copyright Act dmca |
A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or they manufacture and distribution of Technologies designed for the purpose of circumventing encryption protection of digital works |
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Mark |
Any trade name, symbols, word, logo common design, or device used to identify and distinguish Goods of a manufacturer or seller or Services of a provider from those of other manufacturers, Somers, or providers |
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Lanham trademark act lanham Acts |
A federal statute that one that establishes the requirements for obtaining a federal Mark and to protect marks from infringement |
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A symbol that is used to designate marks that have been registered with the US patent and trademark office |
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A symbol that designates an owner's legal claim to an unregistered Mark that is associated with the product |
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A symbol that designates an owner's legal claim to an unregistered Mark that is associated with the service |
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Trademark |
A distinctive Mark, symbol, name, word, Motto, or device that identifies the goods of a particular business |
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Service mark |
A mark that distinguishes the services of the holder from those of its competitors |
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Certification mark |
A Mark that certifies that a seller of a product or service has met certain geographical location requirements, quality standards, material standards, or mode of manufacturing standards established by the owner of the mark. |
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Collective membership mark |
A Mark that indicates that a person has met the standards set by an organization and is a member of that organization |
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Distinctive |
Being unique and fabricated |
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Secondary meaning |
A brand name that has evolved from an ordinary term |
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Trademark infringement |
Unauthorized use of another's Mark. The holder May recover damages and other remedies from the infringer |
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Generic name |
A term for a Mark that has become a common term for a product line or type of service and therefore has lost its trademark protection |
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Federal trademark dilution Act FTDA |
A federal statute that protects famous marks from delusion, erosion, blurring or tarnishing |
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Trademark dilution revision Act |
A federal statute that states that a plantiff must only show that there is a likelihood of dilution to Prevail in a dilution lawsuit against the defendant |
