Property Concepts

Patent Requirements

1) Patentability(process, machine, manufacture, any composition of matter) 2) Novelty 3) Utility 4) Non-obviousness (is an advancement over the prior art) 5) Enablement (can be used by one of ordinary skill)

Requirements for Copyright Protection

1) Originality 2) Work of Authorship 3) Fixation in a Tangible Medium

bundle of rights for the copyright holder

refers to the exclusive rights granted to the owner of a copyright, including the rights to reproduce, distribute, perform, display, and create derivative works from the copyrighted material. And the right to exclude or license others from doing so.

Elements of Infringement

1) P holds a valid copyright 2) d copied the work 3) the copying was unauthorized and the amount copied is substantial.

Fair Use Defense

Courts consider 1)purpose and and character of the use 2) nature of the copyrighted work 3) substantiality of the portion used in relation to the whole work 4) effect on the market value of the copyrighted work.

Requirements for Trademark Protection

1) Distinctive 2) Non-functionality 3) First use in trade A trademark must be distinctive, used in commerce, and must not cause confusion with existing marks. It should identify and distinguish goods or services.

Lost vs Mislaid Property

Lost property refers to items that the owner unintentionally left behind and cannot locate, while mislaid property refers to items that the owner placed somewhere but forgot. The distinction affects the rights of finders and owners in property law only in America not England. Mislaid - Owner Wins, Lost - Finder Wins

Adverse Possession

Must Be 1)Actual 2)Exclusive 3)Open and Notorious 4) Hostile and under claim of right (no permission) 5) Continuous and uninterrupted 6) Statutory period requirements must be met.

Requirements for a gift:

1) Donative intent(now not in the future) 2) Delivery 3) Acceptance A valid gift requires the giver to intend to give it, delivery must occur, and the recipient must accept it. 3 kinds of delivery: Manual, Constructive, and Symbolic, symbolic was traditionally only accepted the modern trend is to accept it.

Categories of waste

Affirmative (voluntary acts that had injurious effects), Permissive (failure to act) Ameliorative (improvement that enhances property value) and Waste by Abandonment (giving up possession). These categories help distinguish different ways a tenant can misuse a property.