BUSL CH 9

Reverse engineering
Process of tearing down a finished good to its components to figure out how it was designed or manufactured
Bill of material (BOM)
List of components constituting an assembled good
Intellectual property
Intangible property, the product of human ingenuity, protected by law
(known as IP)
Infringe
To step on, or violate, someone else’s property rights
Article 1, Section 8
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”
United States Patent and Trademark Office(USPTO)
-Federal agency which approves patent applications and officially grants trademark status to qualified marks
-Court can determine the validity of a patent or trademark application
producer
wants the monopoly to last long
consumer
wants the monopoly to end
copyright clause
permits the federal government to protect certain products of the mind, just as much as it protects personal land or money
clause conflict
Strikes a compromise between producer and consumer by stating that:
-Congress can grant the monopoly only to promote the progress of Science and Useful Arts
-Whatever monopoly Congress grants has to be for a limited time
Public domain
Any intellectual property not protected by law and freely available for any member of the public to use
Patents
Federal right granted to inventors for processes, machines, and compositions of matter
Utility patent
Most common type of patent, awarded for inventions or improvements to methods, processes, machinery, and compositions of matter
plant patent
Unique patent right granted to inventors of new forms of plants
design patent
Unique patent right granted to protect the look, not functionality, of an invention
patentee
holder of a patent
compulsory licensing
Scheme used by countries to force pharmaceutical drug licensing in light of a medical emergency
prosecution (of patents)
To apply for, and argue on behalf of, patents before the U.S. Patent and Trademark Office (USPTO)
Attorneys who wish to prosecute patents must have an:
engineering or science background and pass a separate patent bar exam
while the application is pending:
the applicant is permitted to use the term patent pending in marketing the product
patent pending
Label claiming patent protection for an application not yet granted
If someone challenges a patent in a lawsuit, final validity rests with:
The U.S. federal courts
business method patents
Granted for a way of doing business
one-click patent
Patent granted to Amazon.com that allows customers to use one mouse click to purchase items on the Internet
Outside the United States, a patent granted by the USPTO does not:
protect the inventor’s interest in that property
If someone possesses the patented object without permission from the patentee, then:
the possessor can be said to have infringed on the patent owner’s rights
patent infringement
Violation of a patent holder’s rights
Defense to a patent infringement claim is:
to challenge the validity of the patent
patent holding company
Sole purpose is to acquire patents and sue potential infringers
potential infringers
patent trolls
trade secrets
-Anything of value a company takes reasonable steps to protect from disclosure
-Can last forever
-info derives actual or potential economic value from being a secret
If someone uses lawful means to uncover the secret, then:
the secret is no longer protected by the secret’s owners
Uniform Trade Secrets Act (UTSA)
Model law to protect trade secrets, adopted by over forty states
federal law dent protect:
trade secrets
claim for misappropriation
will be brought when a trade secret has been wrongfully obtained, such as through corporate espionage or bribery
misappropriation
Appropriating wrongly or without justification
misappropriation damages
include actual loss and unjust enrichment not captured by actual loss
trademark
Any logo, mark, sound, or other identifying characteristic that signifies the unique origin of particular goods or services
Lanham act
Federal law protecting trademarks
trademarks can?
last forever and are not subject to the Constitution’s limited time restriction
all brands are trademarks but:
not all trademarks are brands
trade dress
Distinctive and unique look, feel, or shape of a product or service that signifies unique origin
service mark
Trademark for an entity providing services, as opposed to goods
Certification Mark
Trademark representing a good or service meeting minimum standards established by owner of the certification mark
collective mark
Trademark representing membership in a group as established by owner of the collective mark
geographic Indicator
System whereby names for products, especially foodstuffs, are reserved exclusively for products originating from a particular region
genericide
Former or claimed trademark indicating a general class of goods, not eligible for trademark protection. Many words today once started as trademarks
examples of trademarks that are now generic and have therefore lost legal protection
furnace, aspirin, escalator, thermos, asphalt, zipper, softsoap, cellophane, linoleum, butterscotch, kerosene, lite beer, Q-tip, and yo-yo
trademark infringement occurs when:
someone uses someone else’s mark, either completely or to a substantial degree, without the permission of the mark’s owner
dilution
Use of a famous trademark in a manner intended or designed to cause tarnishment of the mark
trademark owners of famous trademarks only need:
to show a likelihood of dilution before filing a dilution lawsuit.
fair use
Right of the public, under circumstances laid out in copyright and trademark law, to use protected intellectual property without permission
lanham act
Prohibits the use of someone else’s trademark when selling goods
Cybersquatting (or domain name squatting)
Practice of registering Internet domain names for the sole purpose of selling the name to its rightful trademark owner
Anticybersquatting Consumer Protection Act
Federal law outlawing cybersquatting
copyright
Exclusive rights of authors to their respective works, to the exclusion of others
copyrighted work
Work must be original and fixed in a durable medium to be copyrighted
copyright protection lasts for
70 years after the death of the author
license
Owner of a copyright will allow members of the public to view or use a copyrighted work, for free or for a fee
End User License Agreement (EULA)
Contract between a copyright holder and user, typically used in software licenses
general public license (GPL)
Widely used free software license
Creative Commons
Nonprofit organization dedicated to the free distribution of creative content, and publisher of several standard copyright licenses
first sale
Doctrine under which the first owner of a piece of copyrighted work can do whatever he or she pleases with it, including resell the work
copyright infringement occurs when:
-Using a copyrighted work without permission or violates the terms of a copyright license
-Assisting someone in violating a copyright, or creating a device that assists in violating a copyright
factors determining fair use
-Purpose and character of the use
-Nature of the copyrighted work
-Amount and substantiality of the portion used
-Effect of the use on the potential market for the copyrighted work
Digital Millennium Copyright Act (DMCA)
Federal law outlawing any attempt to circumvent a copy protection device or scheme and it applies to any devices or services