6 Intellectual Property Free Online FlashCards

What right does a patent grant?

A patent gives its owner a time-limited right to exclude others from specified acts involving an invention; it does not itself grant permission to make or sell it.

What are the three main types of patents?

Utility patents cover useful processes, machines, manufactures, or compositions of matter; design patents cover ornamental designs; plant patents cover certain new plant varieties.

What determines whether an activity infringes a patent?

Patent infringement generally involves unauthorized making, using, offering to sell, selling, or importing in the United States during the patent term. The patent’s claims determine the scope.

How long do utility, plant, and design patents generally last?

Utility and plant patents generally last up to 20 years from the relevant filing date; design patents generally last 15 years from grant.

What does copyright protect—and what does it not protect?

Copyright protects original expression fixed in a sufficiently permanent form, not the underlying idea, fact, method, or system.

When does copyright protection begin, and what role does registration play?

Copyright protection generally begins automatically when a work is fixed. Registration is not required for copyright to exist, but registration or refusal is generally required before an owner of a U.S. work can sue for infringement.

Does buying a physical work automatically transfer its copyright?

No. Owning a physical copy, such as a painting or book, does not by itself transfer the copyright.

What function does a trademark serve?

A trademark is an indicator—such as a word, phrase, symbol, or design—that helps consumers identify and distinguish the source of goods or services.

What is the central concern in trademark infringement?

Trademark infringement generally involves unauthorized use likely to confuse consumers about the source, sponsorship, or affiliation of goods or services.

How are trademark rights generally established and limited?

Trademark rights generally arise through use in commerce and are tied to the goods or services and market where the mark is used. Federal registration can provide nationwide benefits but does not control a word in every context.

What makes information eligible for trade-secret protection?

A trade secret is valuable information that is not generally known or readily ascertainable by proper means, where its owner takes reasonable measures to keep it secret.

How does an owner preserve trade-secret protection?

Protection depends on maintaining secrecy, usually through reasonable safeguards such as limiting access, using confidentiality agreements, and securing files or facilities. Government registration is generally not required.