Intellectual Property and Contracts Law Review

Vocabulary flashcards covering key terms and concepts from lecture notes on Intellectual Property and Contracts Law.

Trade Secret

Product formulas, patterns, designs, compilations of data, and other business secrets protected under state law (Uniform Trade Secrets Act) and federal law.

Misappropriation of a Trade Secret

A lawsuit an owner may bring if a trade secret is obtained through illegal means such as theft, bribery, or industrial espionage, provided the owner took all reasonable precautions to prevent its discovery.

Economic Espionage Act of 1996

Federal legislation addressing computer espionage and internet theft of trade secrets, establishing criminal penalties up to 15 years in prison and up to $10\text{ million}$ per violation.

American Inventors Protection Act of 1999

Federal law permitting a provisional patent application that grants provisional rights for three months prior to filing an official patent application with the PTO.

Patent Requirements

The three legal criteria an invention must meet to receive a patent: it must be novel, useful, and non-obvious.

First to Invent Rule

The legal doctrine cited in the lecture that governs patent priority, rather than the First to File rule.

One-Year "On Sale" Doctrine

A patent rule stating that a patent may not be granted if the invention was used by the public for more than one year prior to the filing of a patent application.

Unpatentable Scientific Principle

Abstract concepts and scientific principles, such as $E=mc^2$, that cannot be granted patent protection.

Patent Duration

The statutory protection period running from the application filing date, lasting 20 years for regular inventions and 4 years for design patents.

Copyright

Federal legal protection under the Copyright Revision Act of 1976 for original, tangible writings that can be physically seen.

Sonny Bono Copyright Term Extension Act of 1998

Federal law establishing copyright duration as the author's life plus 70 years, or for business-owned works, the shorter of 95 years from first publication or 120 years from creation.

Fair Use Doctrine

A legal exception allowing unauthorized reproduction of copyrighted material for purposes such as quotations, parody or satire, brief news quotes, teacher or student use, and legislative proceedings.

Trademark

A distinctive name, slogan, logo, symbol, or device identifying goods, protected federally under the Lanham Act.

Service Mark

A mark used to distinguish services rather than tangible goods (e.g., FedEx, The Friendly Skies).

Certification Mark

A mark used to certify that goods meet a certain standard or quality (e.g., USDA).

Collective Mark

A mark owned by an organization and used by members to identify themselves with that particular group (e.g., Washington Apple, Grown in Idaho).

Generic Name

A brand name that becomes a common term for a product line or service type, resulting in the loss of federal trademark protection.

Federal Trademark Dilution Act

Legislation from 1995 and 1996 protecting famous commercial marks from being eroded, blurred, or tarnished by another party's commercial use.

Contract

A promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law, in some way, recognizes a duty.

Offeror

The party in a contract negotiation who makes an offer and promises to do or refrain from doing something.

Offeree

The party who receives a contract offer and holds the power to create a binding contract by acceptance.

Elements of a Contract

The four fundamental requirements to form a contract: Agreement (Offer, Acceptance, and Mutual Assent), Consideration, Contractual Capacity, and Lawful Object.

Objective Theory of Contracts

A common law standard that interprets contract intent based on how a reasonable person would judge the circumstances.

Article 2 of the UCC

The statutory framework governing contracts specifically concerning the sale of movable goods.

Goods (UCC)

All things that are movable, excluding real estate, services, intangibles, and construction contracts.

Express Contract

A contract explicitly formed by spoken or written language.

Implied Contract

A contract formed by conduct and manifestations of assent other than oral or written words.

Quasi-Contract (Implied in Law)

An equitable obligation created by courts in the absence of an actual contract to prevent unjust enrichment by awarding restitution for benefits conferred.

Bilateral Contract

A contract formed by an exchange of mutual promises ('a promise for a promise') where no immediate performance is required at formation.

Unilateral Contract

A contract formed when an offeror promises to pay upon the completion of a requested act ('a promise for an act'), which can only be accepted by performance.

Void Contract

An agreement that lacks any legal effect from the beginning and cannot be enforced by either party (e.g., an agreement to commit a crime).

Voidable Contract

A contract that one or both parties may choose to avoid due to legal grounds such as infancy, mental illness, intoxication, duress, or fraud.

Unenforceable Contract

An otherwise valid contract that cannot be legally enforced due to an external legal defense, such as the Statute of Limitations or Statute of Frauds.

The Offer

The manifestation of willingness to enter into a bargain, made to justify another person understanding that their assent is invited and will conclude the agreement.