I. REVIEWING WHAT YOU LEARN
1. Name the fields that “intellectual property” describes.
There are: patents, copyrights, trademarks and trade secrets.
2. What are the requirements for an invention to be patented?
In order to qualify for patent status, the invention must be new, useful, and nonobvious to a person with ordinary skill in that particular field.
3. Describe what happens to an invention when the protection period covered by a patent expires.
The invention loses its protection and becomes part of the public domain - that is, it is no longer protected for anyone claiming ownership. When an invention falls into the public domain, the invention may be made, used, or sold by anyone, including the original inventor.
4. What may a court do when a patent infringement occurs?
Federal courts have the power to enjoin anyone from infringing on another’s patent.
5. Explain the procedure to copyright a work
To register a copyright, it is necessary to fill out a government form and send it with the proper fee and two copies of the work to the U.S. Copyright Office in Washington, D.C.
6. When is the copying of the copyrighted work not an infringement?
The fair use (limited copying) of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including making multiple copies for classroom use), scholarship, or research is not a copyright infringement.
7. In what three ways may a trademark be obtained?
A phrase, word, symbol, device, or even a color are all eligible for a trademark
8. How may a trademark be reserved?
Under the federal law, an application to register a trademark may be filed six months before the mark is used in commerce. The mark then becomes reserved and cannot be used by anyone else for six months.
9. When does a trademark registration become effective?
The trademark registration becomes effective when the mark is actually used in the ordinary course of the trade.
10. For how long may the federal trademark protection period be renewed?
A federal trademark provides protection for 10 years and may be renewed for additional 10-year period.
11. How may trademark protection be lost?
Trademark protection qualifies for those marks that are distinctive, and it can be lost by non-use or by the mark’s becoming a generic term used by a large segment of the public for a long period.
12. Give three examples of trade secrets
Three examples of trade secrets: customer lists, chemical formulas, food recipes.
13. How do businesses often protect their trade secrets?
Businesses often protect trade secrets by having employees sign nondisclosure or confidentially agreements consenting to refrain from disclosing trade secrets to others.
14. In what other way are trade secrets protected?
Court prohibits employee from disclosing their employee’s trade secrets both while they are employed and after they leave the employment.
II. UNDERSTANDING LEGAL CONCEPTS
Indicate whether each statement is true or false. Then, change the italicized word or phrase of each false statement to make it true.
ANSWERS
1. A patent owner has the exclusive right to make, use, and sell an invention for 50 years. FALSE (20 years)
2. State courts have the power to enjoin anyone from in fringing on another's patent. FALSE (federal)
3. Copyright protection lasts for the life of the author. FALSE (50-70 years after the author’s death)
4. It is now optional to put the symbol or the word "copyright," followed by the date and the name of the owner, on a copyrighted work. TRUE
5. The fair use of copyrighted work for purposes of teaching, including making multiple copies for classroom use, is allowed. TRUE
6. Trademark is the term used to describe protection for services. FALSE (servicemark)
7. Trademark protection may be obtained from state governments. TRUE
8. The most common type of trademark is obtained by usage under the common law. FALSE (by registering with the US Patent and Trademark Office)
9. A registered trademark provides protection for 15 years. FALSE (10 years)
10. Trademark protection can be lost by the mark's becoming a generic term. TRUE
III. CHECKING TERMINOLOGY
From the list of legal terms that follows, select the one that matches each definition
ANSWERS
1. Enjoin: to require a person to perform or to abstain from some act.
2. Injunction: an order to do or refrain from doing a particular act.
3. Servicemark: a term used to describe trademark protection for services.
4. Copyright infringement: the unauthorized use of copyrighted material.
5. Patent: a grant by the U.S. Government of the exclusive right to make, use and sell an invention in 20 years.
6. Fair-use doctrine: a rule stating that the use of copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not a copyright infringement.
7. Trademark: any word, name, symbol or device used by a business to identify goods and distinguish them from those manufactured or sold by others.
8. Nondisclosure agreement /Confidential agreement: an agreement to refrain from disclosing trade secrets to others.
9. Intellectual property: an original work fixed in medium tangible or expression.
10. Public domain: owned by the public.
11. Generic term: a term that means relating to or characteristic of a whole group.
12. Trade secret: a secret plan, process or device that is used in business and is only known to employees who need to know the secret to accomplish their work.
13. Patent infringement: the unauthorized of making, using and selling of a patented invention during the term of the patent.
14. Copyright: The exclusive right to given to an author, composer, artist, or photographer to publish and sell a work for the life of the author plus 70 years.
IV. USING LEGAL LANGUAGE
Millin, an inventor, obtained patents on two products that she had invented, giving her the exclusive right to make, use, and sell them for 20 years. Since she had obtained one of them more than 20 years ago it was now in the copyright. The other type of intellectual property (original work fixed in a tangible medium of expression) was much newer and was copied by competitor, causing Millin to bring a(n) patent infringement suit for the unauthorized making of the product. Millin won the case, and the court enjoined the competitor by issuing a(n) injunction ordering it to refrain from making Millin’s product. When Millin began to sell the product, she obtained a(n) trademark for it to identify it and to distinguish it from products made by others. She did not obtain a(n) servicemark, because the product was a good rather than a service. To prevent the product from becoming a(n) public domain, Millin used the word brand in all product advertisements. For futher protection, Millin required all of her employees to sign non-disclosure agreement, also called confidentiality agreement, agreeing to refrain from disclosing trade secret to others. The product turned out to be so successful that she wrote a book about her success. A(n) patent gave her the exclusive right to publish the book except for a limited amount of copying that could be done by others under a rule known as the privileges and immunities clause.
V. PUZZLING OVER WHAT YOU LEARN
Across
2. The unauthorized making, using, or selling of a patented invention during the term of the patent. PATENT INFRINGEMENT
6. An order to do or refrain from doing a particular act. INJUNCTION
9. A term used to describe trademark protection for services. SERVICEMARK
10. Any word, name, symbol, or device used by a business to identify goods and distinguish them from those manufactured or sold by others. TRADEMARK
11. The exclusive right given to an author, composer, artist, or photographer, to publish and sell exclusively a work for the life of the author plus 70 years. COPYRIGHT
12. A clause in the U.S. Constitution requiring that no person shall be deprived of life, liberty, or property without fairness and justice. DUE PROCESS CLAUSE
13. A clause in the U.S. Constitution requiring similarly situated persons to receive similar treatment under the law. EQUAL PROTECTION CLAUSE
Down
1. To require a person to perform or to abstain from some act. ENJOIN
2. Owned by the public. PUBLIC DOMAIN
3. An original work fixed in a tangible medium of expression. INTELLECTUAL PROPERTY
4. A rule stating that the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not a copyright infringement. FAIR-USE DOCTRINE
5. A term that means relating to or characteristic of a whole group. GENERIC TERM
7. A grant by the U.S. government of the exclusive right to make, use, and sell an invention for 20 years. PATENT
8. A plan, process, or device that is used in business and is known only to employees who need to know the secret to accomplish their work. TRADE SECRET
Source: Brown, G. W., & Kauffman, K. D. (1998). Legal terminology. Prentice Hall.
Chapter 22: Intellectual Property, Book 1, Pages 217-220
Edited by Nguyễn Nhật Linh
Comments