Key Terms
Intellectual Property (IP)
Intangible property representing the commercially valuable product of the human mind. Can be abstract (a melody) or conc
Authority for IP law
Article I, Section 8 of the US Constitution — the Copyright Clause.
Copyright Clause text
Congress may "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors th
Public domain
When IP protection expires, the work or invention enters the public domain and can be freely used, copied, or improved b
Patent
The exclusive right to make, use, or sell an invention for a specified period, granted by the federal government to the
Patent holder
Owns the patent. Patents can be sold.
Employee invents something as part of their job
Employer is the patent holder. Employee invents something on their own time, unrelated to employment: employee is the pa
Two requirements
1. Novel — not previously invented, not a trivial improvement, not previously known or used.
Narrow distinction
DNA cannot be patented, but the process for synthetically reproducing DNA can be. Oil cannot be patented, but the proces
Most common patent type
Utility patent.
While application is pending
Inventor may use "patent pending" in marketing to warn others.
After USPTO issues a patent
Patent is only presumed valid. Final validity is determined by federal courts if challenged.
Business method patent
Seeks to monopolize a new way of conducting a business process (example: one-click web ordering).
Compulsory licensing
Under international treaties, governments may declare national health emergencies to force drug companies to license for
Patent infringement
Making, using, selling, or offering to sell a patented invention without the patent holder's permission.