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Intellectual Property
Intellectual property patents, copyrights, trademarks, and trade secrets. Federal and State laws protect intellectual property rights from misappropriation and infringement.
Trade Secret is a product formula, pattern, design, and compilation of data, customer list, or other business secret.
Reverse Engineering a competitor who has reverse engineered a trade secret can use the trade secret but not the trademarked name used by the original creator of the secret.
Misappropriation of a trade secret a successful plaintiff can recover profits made by offender of trade secret, recover the damages, and obtain an injunction prohibiting the offender from diverging or using the trade secret.
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.
Patent Periods
Utility patents for inventions are valid for twenty years.
The patent term begins to run from the date the patent is filed.
First-to-invent-rule: What United States follows, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.
One-Year “on sale” Doctrine A doctrine that says a patent may not be granted if the invention used by the public for more than one year prior to the filing of the patent application.
Provisional Application application that an inventor may file with the PTO to obtain three months to prepare a final patent application.
Patent Infringement unauthorized use of another’s patent. A patent holder may recover damages and other remedies against a patent infringer.
Design Patent A patent that may be obtained for the omamental nonfunctional design of an item.
COPYRIGHT
Copyright a legal right that gives the author legal subject matter, and who meets requirements established by copyright law, the exclusive
Intellectual Property
Intellectual property patents, copyrights, trademarks, and trade secrets. Federal and State laws protect intellectual property rights from misappropriation and infringement.
Trade Secret is a product formula, pattern, design, and compilation of data, customer list, or other business secret.
Reverse Engineering a competitor who has reverse engineered a trade secret can use the trade secret but not the trademarked name used by the original creator of the secret.
Misappropriation of a trade secret a successful plaintiff can recover profits made by offender of trade secret, recover the damages, and obtain an injunction prohibiting the offender from diverging or using the trade secret.
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.
Patent Periods
Utility patents for inventions are valid for twenty years.
The patent term begins to run from the date the patent is filed.
First-to-invent-rule: What United States follows, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.
One-Year “on sale” Doctrine A doctrine that says a patent may not be granted if the invention used by the public for more than one year prior to the filing of the patent application.
Provisional Application application that an inventor may file with the PTO to obtain three months to prepare a final patent application.
Patent Infringement unauthorized use of another’s patent. A patent holder may recover damages and other remedies against a patent infringer.
Design Patent A patent that may be obtained for the omamental nonfunctional design of an item.
COPYRIGHT
Copyright a legal right that gives the author legal subject matter, and who meets requirements established by copyright law, the exclusive