Key Terms
Two requirements
Novel AND Non-obvious.
Novel
The invention must not have been previously invented or in use. Not a trivial improvement on something existing.
Non-obvious
Must not be obvious to a reasonable person with ordinary skill in the relevant field. Patents reward genuine creativity
Compulsory Licensing
Under international treaty, governments can declare a national health emergency and force drug companies to license form
Patent infringement
Making, using, selling, or offering to sell a patented invention without permission from the patent holder.
Most common defense
Challenge the validity of the patent.
Patent Trolls
Individuals or companies that acquire patents not to produce goods or services, but to profit through licensing fees or
Legal development
US Supreme Court ruled patent infringement cases must be filed in the federal court where the DEFENDING company is based
Scope includes
Processes, formulas, patterns, programs, devices, methods, techniques, compilations, supplier lists, customer lists, cos
Misappropriation
Wrongfully obtaining a trade secret through corporate espionage, bribery, or other improper means — or disclosing/using
Governing law
State law primarily. The Economic Espionage Act may provide federal protection depending on facts.
Governed by
The Lanham Act (both federal and state protection applies).
Duration
Potentially forever. Trademarks are NOT subject to the Copyright Clause's "limited time" restriction because they serve
Invented words
Easiest to trademark — no prior meaning to compete with.
Common words
Can be trademarked if consumers identify them with a particular source. A word's ordinary meaning doesn't block trademar