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10 Cards in this Set
- Front
- Back
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Four Types of Intellectual Property
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1. Trade Secret
2. Patent 3. Trademark 4. Copyright |
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Non-Disclosure Agreement
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Worker must agree never to share the trade secrets
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Two requirements for trade secrets:
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1. The owner of the info must have done reasonable measure to keep it secret
2. The knowledge or information must have economic value from not being known publicly |
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Patent application must include (3):
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1. An explanation of how to make and use the invention.
2. An explanation of why the invention is different from the prior art 3. An identification of which specific aspects of the invention deserve to be patented (the claims) |
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Two requirements for patentability:
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1. Patentable subject matter
2. Non-obviousness, novelty, and usefulness |
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Defenses to patent infringement action (3):
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1. Non-infringement: patent is not infringed holistically
2. Invalidity: you think the patent should never have been granted 3. Unenforceability: patent owner did something fraudulent |
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Four types of trademarks:
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1. General Trademark
2. Service Mark: mark associated with a service 3. Certification Mark: mark that clarifies the quality, compliance, or some other characteristic of a good or service 4. Collective Mark: marks organization membership |
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Trade Dress
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Colors, designs, or shapes associated with a certain product or service
Ex. Splenda vs. Generic Brand |
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Requirements for Trademark Registration (3):
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1. Must first be used in interstate commerce
2. Must be distinctive 3. Must be renewed every 6 years |
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Defenses to Trademark enforcement action (3):
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1. The mark is not distinctive
2. No chance of confusion by the public 3. Fair use (discussion, criticism, or parody of the trademark, product, or owner in news media, internet, or textbook) |
