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Which of the following gives an author or inventor the right to exclude others from making, using, offering for sale, selling or importing their work?
A. Copyright B. Patents
C. Trademarks
Its a Patent
Copyright protects original authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. A Trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
Patents can be :
Asserted offensively, i.e. enforced against others, When sued, asserted defensively or used to invalidate other partys patents, Licensed or cross-licensed, Assigned, i.e. completely sold, Used as a collateral to raise capital, Used to lend credibility to your companys technology and investment in R & D.
Special terms
Exclusive right The right to exclude others from
To find out whether something is patentable To discover what resources are needed To learn how things work
To revisit answers that others have found to your own technological questions.
To identify a research direction taken by a specific company or inventor
c) The comb-over
Utility Patent: 4,022,227
Types of Patents
Utility patents
- functional or structural novelty Design patents - ornamental designs Plant patents - varieties of plants
a machine or apparatus a process, art, or method a manufacture or article of manufacture a composition of matter a new and useful improvement thereof
Non-obvious
- the difference between existing art and
Things not invented by the applicant Works of authorship (copyrights) Tradenames, logos, slogans, titles Laws of nature Inventions which will not work
perpetual motion machines weather machines
Parts of a Patent
The Front Page Patent Number Filing Date and Issue Date Title of the Invention Inventor(s) Assignee(s) Field of Search and References Cited Representative Drawing
Parts of a Patent
The Disclosure Drawings (as needed for clarity) Background of the Invention Brief Summary of the Invention Detailed Description of the Invention Claim(s)
USApp
Official Gazette
esp@cenet
European Patent Office http://ep.espacenet.com/ 30 million documents Patents documents from U.S., Europe, Japan, W.I.P.O.
Google search of the USPTO images http://www.google.com/patents Same data as the Patent Office with Additional searching from 17901976 using computer generated text
A. B. C.
Copyright protects software from duplication and copying (ex: Microsoft can prosecute those that copy MS Word)
Patents protect an algorithm or program function (ex: Amazons controversial patent on the electronic shopping cart allows them to prevent others from using it) Trademarks protect a brand name of software