Intellectual Property

Intellectual

_________ property are types of intangible property we give special protections to by the Constitution

Patent

______ is a grant from the federal government that gives an inventor the exclusive right to make, use, and sell an invention for a set period.

Copyright

_______ is the intangible right granted by statute to the author or creator of certain tangible literary or artistic productions.

Trademark

_______ is a distinctive mark, motto, device, or emblem that a manufacturer stamps or affixes to its products to distinguish them from competitors.

Trade secrets

______ _______ are any secret formula, pattern, process, program, or database used in an owner's business that offers a competitive advantage.

Commercial

_________ torts are intentional torts involving business or commercial competition, such as product disparagement or trade libel; civil wrongs against companies

file

Under the America Invents Act of 2013, the United States patent system transitioned from a "first-to-invent" system to a "___" system.

20

The duration of exclusive rights granted for a utility patent in the United States is ___ years.

one year

A patent will not be issued if the invention was described in a printed publication more than ___ ____ before the application date.

non-obvious

To be eligible for a patent, an invention must be novel, have utility, and be ___-______.

abstract

In Alice Corp v. CLS Bank, the Supreme Court ruled that software and business methods are not patentable if they only express a _______ idea.

Exhaustion

The Patent _________ doctrine states that a patent owner's rights regarding an item are exhausted once it is lawfully sold.

employer

According to the America Invents Act, if an employee is hired specifically for inventive work, the invention belongs to the ___.

• A drug designer at Eli Lilly creates a new medicinal compound

employee

If the employee was hired for purposes other than invention or creation, the _______ owns any patent acquired.

• A plumber at Eli Lilly creates a new medicinal compound

shop

The ___ right doctrine grants an employer a nonexclusive, royalty-free license to use an invention created by an employee on company time and using company facilities.

• Creating the drug using Eli Lilly’s labs and resources

Infringement

Patent __________ occurs when a party makes, uses, or sells a patented invention without the owner's authorization.

expression

Copyright law protects the specific ___ of an idea, rather than the underlying idea itself.

70

For works created after January 1978, the duration of copyright protection is the life of the author plus ___ years.

Separate

In Star Athletica v. Varsity Brands, the court held that artistic features of industrial designs are protectable if they are ___ graphics.

automatic

If a work is created and publishes, copyrigt protection is ________; registration not required, though recommended.

scope

A(n) "Work-For-Hire" exists when an employee creates copyrightable work within the ____ of their regular employment duties.

first sale

The _____ _____ doctrine allows the owner of a lawfully sold copy of a copyrighted work to sell or dispose of that copy without the creator's permission; you own something until you sell it

geography

The Supreme Court in Kirtsaeng v. John Wiley & Sons ruled that the first sale doctrine applies to copyrighted works regardless of ________.

fair use

Section 107 of the Copyright Act provides the "____ ___" defense for uses such as criticism, news reporting, and teaching.

• Using a 30-second clip of a 2-hour documentary for a critique

purpose

In determining fair use, a court evaluates the _______ and character of the use, such as whether it is for commercial or educational purposes.

Lanham

The primary federal statute that protects trademarks in the United States is the ___ Act of 1946.

Registration

_________ with government is recommended for trademarks, but not required.

Fanciful

Trademarks that are considered "_______" or arbitrary, such as "Exxon," receive the strongest legal protection.

suggestive

A mark that hints at a product's qualities without explicitly describing them, such as "Coppertone," is a ___ mark.

generic

Terms that have become common names for a product category, like "aspirin," are considered ______ and cannot be trademarked.

confusion

Trademark infringement is established when the use of a substantially similar mark is likely to cause ______ among consumers.

Disparagement

The Supreme Court ruled that the PTO's _________ clause, which barred offensive marks, violated the First Amendment.

Dilution

Trademark _______ is the diminishment of a famous mark's capacity to distinguish goods or services.

Misappropriation

__________ of a trade secret occurs when a secret is disclosed or used after being acquired by improper means or breaching confidentiality.

• When the lady from Coke tried to sell the formula to Pepsi

injurious

The commercial tort of ________ falsehood involves publishing false statements that disparage a competitor's business or property.

• If Coke says Pepsi gives your cancer