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Patent
Protects the functionality of an invention
*Patents are utility patents
What can be patented?
*Designs for an article of manufacture
*Asexually reproduced plants
*Living material invented by a person
Categories of patents?
-Machines
-Processes
-Compositions of matter
-Improvements to existing machines, processes, or compositions of matter
Patent is created by
Filing & granted with the PTO in Washington, DC
To be patented, an invention must be: (NUN)
- Novel
- Useful
- Nonobvious
Patent is registered with
Patent Lifespan
-Invention patents 20 years
- Design patents are for 14 years
Patent gives these rights
Patent characteristics
*Contains a written description of the invention
*Patent number assigned to the invention if a patent is granted
Patent benefits
Very strong protection, provides exclusive right to exclude others from making, using
and selling an invention, protects the idea itself.
Patent Weaknesses:
-Must meet high standards of novelty, usefulness and non-obviousness;
-often expensive and time-consuming, must disclose invention to the public.
Copyright
Legal right that gives the author of qualifying subject matter exclusive right to publish,
produce, sell, license, and distribute the work
Copyright must be:
-Tangible writing
Writings that can be physically seen
-Original work
Work must be the original work of the author to be protected under federal copyright law
Copyright is created by