Patents

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45 Terms

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patent

an official document, issued by the US Patent and Trademark Office, granting property rights to the inventor or assignee

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how long does a utility patent last

20 years from filing

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how long does a design patent last

14 years from issue

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how long does a plant patent last

20 years from filing

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Most US patents are

utility patents

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A patent that covers the unique, ornamental or visible shape or surface ornamentation of an article or object

design patent

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A patent that covers asexually reproducible plants

plant patent

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A patent that covers inventions that function in a unique manner to produce a utilitarian result

utility patent

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What types of inventions can be patented

process, machine, articles of manufacture, coposition of matter, improvements to other listed items

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what things cannot be patented

laws of nature, abstract ideas, physical phenomena, literary, dramatic or artistic work

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T/F Inventions must serve a useful purpose

True

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In the US, there is a ___ year grace period after public disclosure if the disclosure came from you or was derived from you

1

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What are the 3 types of novelty

  1. physical difference

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  1. new combinations

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  1. new use

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A patent examiner does a thorough _____ _______ ______ to rule out reasons for rejection of the application

prior art search

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trademark

a work, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods of one party from those of others

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copyright

protects authors of original artistic, musical, or literary work, both published and unpublished

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claims

carefully worded statement that stake out the boundaries of the invention

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T/F There are such things as "world patents"

False

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intellectual property includes

patents, copyrights, trademarks

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Under the current copyright laws, copyrights are protected for how long?

the term of life of the author plus 70 years after the author's death

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What are the 6 categories for works that may be copyrighted?

1 - literary works

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2 - performing arts

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3 - visual arts

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4 - motion pictures

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5 - photographs

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6 - other digital content such as computer programs, apps, and databases

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T/F A trademark can refer to both trademarks and service marks

True

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This patent is also called a "patent for inventing"

utility patent

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What is a provisional patent?

A legal document filed in the USPTO that establishes an early filing date.

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What must an applicant do for a provisional patent to mature into an issued patent?

File a regular non-provisional patent application within one year.

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average cose of a utility patent

$5-10k

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average cose of a provisional patent

$200-400

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How long of coverage does a provisional patent allow

1 year

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what are the 3 types of claims

independent, dependent, and claims mapping

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3 requirements for obtaining a patent

1 - must be new/novel

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2 - useful

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3 - non-obvious to one skilled in the art

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T/F Having an issued patent will prevent others from copying your invention

False

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T/F Money has a time value

true

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NPV

net present value

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IRR

internal rate of return

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MARR

Minimum Attractive Rate of Return

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What is MRR?

an interest rate set by your company at which your company can always earn money