Key Terms
Intellectual Property (IP)
Intangible property representing the commercially valuable product of the human mind. Can be abstract (a melody) or conc
Four types of IP protection
Patents, trade secrets, copyrights, trademarks.
Constitutional authority
Article I, Section 8 — the Copyright Clause. Congress may "promote the Progress of Science and useful Arts, by securing
Public domain
What IP becomes after protection expires. Free for all to use.
Patent
NO criminal liability. Trade Secret: YES.
Patent holder
Owns the patent. Patents can be legally sold; selling a patent ends the original owner's interest in it.
Novel
The invention must not have been previously invented, known, or used. Cannot be a trivial improvement to an existing inv
Non-obvious
Not obvious to a reasonable person with ordinary skill in the relevant field. Common knowledge to industry insiders cann
Business method patent
Seeks to monopolize a new way of conducting a business process. Example: a patent for a one-click online ordering proces
Compulsory licensing
A procedure under international treaties where a government declares a national health emergency, forcing drug companies
Patent infringement
Making, using, selling, or offering to sell a patented invention without permission.
Direct infringement
Taking someone else's work and repackaging it as your own.
Indirect infringement
Facilitating others' infringement — example: a file-sharing platform whose sole purpose is enabling illegal downloads is
Main defense
Challenge the validity of the patent itself.
Patent trolls
Individuals or companies that obtain patent rights to profit through licensing or litigation, not by producing goods or