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18 Cards in this Set
- Front
- Back
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Patent Law |
A patent is an exclusive right ofits owner to exclude others from making, using, or selling the invention asdefined in the claims of the patent for a period of time Must be: Novel Nonobvious Useful SubjectMatter |
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You can't patent nature |
Associationfor Molecular Pathology v. Myriad Genetics - Can't patent DNA |
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Types of Patents |
Design Patents -Protectthe appearance, not function -14years -Plant Patents - Ifsomeone can reproduce a plant without planting it from seed Utility Patents -Mechanical,Electrical, Chemical, Process, Machine, Composition -20years |
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Patent Law: Procedure |
First person to file has priority Must file within one year of selling product |
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Defense: Fair Use |
the purpose and character ofthe use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; -the amount and substantiality of the portion used in relation to the copyrighted work as awhole; and the effect of the use upon the potential market for or value ofthe copyrighted work. GoogleBooks Scanning Function is Fair Use |
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Digital Millennium Copyright Act |
Illegal to provide tools for infringement Illegal to delete copyright info Illegal to circumvent encryption But provides safe harbor to ISP |
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Paris Convention |
The Paris Convention for the Protection of Indus- trial Property (Paris Convention) requires each member country to grant to citizens of other member countries the same rights under patent law as its own citizens enjo
The Patent Law Treaty requires that countries use the same standards for the form and content of patent appli- cations (whether submitted on paper or electronically). |
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Lapine v Seinfield |
Cookbook -sue for copyright infringement - color style are not the same - ideas, concepts of eating healthy with puree method can not be patented |
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Fair Use Doctrine |
Permits limited use of copyrighted material without permission of the author for purposes such as criticism, comment, news reporting, scholarship, or research |
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Trademark |
any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. |
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Trademark (Types of Marks) |
Trademarks are affixed to goods in interstate commerce
Certification marks are words or symbols used by a person or org to attest that products/services produced by others meet certain standards Collective marks |
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Ownership of a trademark |
Under common law, the first person to use a mark in trade owns it. Registration with thefederal government is not necessary. However, under the federal Lanham Act, the owner ofa mark may register it on the Lanham Act Principal Register. |
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Advantages of Registering Trademark |
Even if a mark has been used in only one or two states, registration makes it validnationally. Registration notifies the public that a mark is in use because anyone who applies forregistration first searches the Public Register to ensure that no one else has rights tothe mark. Five years after registration, a mark becomes virtually incontestable because mostchallenges are barred. The damages available under the Lanham Act are higher than under common law. The holder of a registered trademark generally has the right to use it as an Internet domain name. |
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Valid Trademarks (Distinctiveness) |
Fanciful marks (made up names) Arbitrary marks (Prince tennis) Suggestive marks (coppertone) Trade dress (feeling and tone of a restaurant interior etc) |
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Things that can't be trademarked |
-Similar to an existing mark -Generic trademark (book or shoe) -Descriptive (low fat) -First names -Deceptive marks (Eagles and word suggest government agency) - Scandalous or immoral |
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Trade Secret |
A formula, device, process,method, or compilation ofinformation that, when used inbusiness, gives the owner anadvantage over competitors. |
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UTSA (Uniform trade secrets act) |
Uniform Trade Secrets Act (UTSA). Anyone who misappropriates a trade secret is liable to the owner for (1) actual damages, (2) unjust enrichment, or (3) a reasonable royalty. If the misappropriation was willful or malicious, the court may award attorney’s fees and double damages |
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Pollack v Skinsmart |
Toby Shawe and Badawy worked as independent contractors for Dr Pollack. They decide to open their own skin clinic and hire wilson the nurse. They take the patients list and email them their new clinic info promoting it. The Patient list was compiled over numerous years, had over 20000 patients on it. Tradesecret. The plaintiff must demonstrate that the trade secret has value and importance to him and his business. As noted above, defendants acknowledge the value of the patient list to PID’s practice. In addition, plaintiff relied upon the patient list as the core component of his practice. |
