5.2 Patents and Copyrights
4 min read•august 16, 2024
Patents and copyrights are key tools for protecting intellectual property. Patents give inventors to their creations, encouraging innovation. Copyrights safeguard original works of authorship, from books to music.
These protections are crucial for businesses and creators. Patents allow companies to profit from inventions, while copyrights ensure artists can control and benefit from their work. Understanding these concepts is essential in today's innovation-driven economy.
Patent Protection for Inventions
Purpose and Scope of Patents
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- protection grants inventors exclusive rights to their inventions for a limited time in exchange for public disclosure of the invention's details
- Patents cover new, non-obvious, and useful inventions including processes, machines, manufactures, and compositions of matter
- Patent protection extends to three main types
- Utility patents (new processes or machines)
- Design patents (ornamental designs for articles of manufacture)
- Plant patents (new varieties of plants)
- Patent protection operates on a territorial basis requiring separate patents in each desired country
- Patents provide the right to exclude others from making, using, selling, or importing the patented invention without permission
- Patent protection encourages innovation by providing inventors with a temporary monopoly to recoup investment and profit from inventions
- This system balances inventor interests with public access to new technologies and promotion of further innovation
Examples of Patent Protection
- example: Smartphone touchscreen technology
- example: Distinctive shape of a soda bottle
- example: New variety of disease-resistant wheat
- Territorial nature example: A U.S. patent does not provide protection in Europe or Asia
- Exclusion right example: Patent holder can prevent competitors from selling similar products
Obtaining and Rights of Patents
Patent Application Process
- process begins with thorough prior art search ensuring invention and
- Inventors file patent application with United States Patent and Trademark Office (USPTO) including detailed descriptions and drawings
- USPTO examines application for patentability requirements compliance often resulting in iterative process of office actions and responses
- Approved patents require maintenance fee payments to remain in force
- Patent holders granted exclusive rights to make, use, sell, and import patented invention for limited time period
- Patent protection duration
- 20 years from filing date for utility patents
- 15 years from issuance for design patents
- Patent holders can license patents to others profiting from invention while retaining ownership
Patent Infringement and Enforcement
- occurs when someone uses, makes, sells, or imports patented invention without permission
- Patent holders have right to sue for damages in cases of infringement
- Enforcement examples
- Cease and desist letters to infringing parties
- Negotiation of licensing agreements
- Litigation in federal court
- Remedies for patent infringement may include
- Injunctions to stop infringing activity
- Monetary damages to compensate for losses
- Enhanced damages for willful infringement
Copyrights and Creative Works
Copyright Basics and Protection
- protects original works of authorship fixed in tangible medium
- Works protected by copyright include
- (books, articles)
- Pictorial, graphic, and
- (movies, TV shows)
- Copyright protection arises automatically upon creation but registration with U.S. Copyright Office provides additional benefits
- Primary role of copyright promotes progress of science and useful arts by incentivizing creation and dissemination of works
- Copyright grants owners exclusive rights to
- Reproduce the work
- Distribute copies
- Perform the work publicly
- Display the work publicly
- Create derivative works
Limitations and Fair Use
- Copyright protection does not extend to ideas, facts, or concepts but to specific expression of those ideas
- doctrine allows limited use of copyrighted material without permission for purposes such as
- Criticism
- Comment
- News reporting
- Teaching
- Scholarship
- Research
- Fair use examples
- Quoting a book in a review
- Using clips from a movie in a documentary
- Parodying a song for comedic purposes
Duration and Scope of Copyright Protection
Copyright Duration
- Works created after January 1, 1978 protected for life of author plus 70 years
- Works made for hire, anonymous works, or pseudonymous works protected for 95 years from publication or 120 years from creation (whichever is shorter)
- Duration examples
- Novel by individual author published in 2000 protected until 70 years after author's death
- Corporate training video created in 2010 protected until 2105
Scope of Protection and Infringement
- Copyright protection covers expression of ideas not ideas themselves
- Protection extends to both published and unpublished works
- Scope includes right to license or transfer copyright ownership to others
- occurs when someone violates any exclusive rights of copyright owner without permission or legal exception
- Infringement examples
- Unauthorized reproduction of a book
- Illegal downloading of music or movies
- Public performance of a play without license
- International copyright protection governed by treaties such as providing automatic protection in member countries
Key Terms to Review (26)
Architectural works: Architectural works refer to the design and construction of buildings and structures, which includes not just the physical aspects but also the artistic expression of the design. These works are protected under copyright law as they embody both functional and aesthetic values, showcasing the unique vision of the architect. The protection of architectural works ensures that the rights of creators are respected, promoting innovation and creativity in the field of architecture.
Audiovisual works: Audiovisual works are creative productions that combine both visual and audio elements to convey a message or tell a story. This includes films, television shows, documentaries, animations, and even video games, where the interplay between sound and visuals enhances the overall experience. The legal protection of these works often falls under copyright law, as they represent original expressions of ideas and creativity.
Berne Convention: The Berne Convention is an international agreement that establishes minimum standards for copyright protection among its member countries. It aims to ensure that creators of literary and artistic works receive recognition and financial compensation for their work, regardless of where it is used or distributed. The convention promotes the idea that copyright is a fundamental right that should be respected across borders.
Choreographic Works: Choreographic works refer to original dance compositions that are expressed through the arrangement of movements, patterns, and gestures. These works are protected under copyright law as a form of artistic expression, allowing choreographers to maintain control over their creations and preventing unauthorized reproductions or adaptations. Choreographic works can include various styles and forms, from ballet to contemporary dance, and often incorporate elements of music and theatrical presentation.
Copyright: Copyright is a legal right that grants the creator of original works exclusive control over the use and distribution of their creations for a specified period. This includes protection for various forms of creative expression, such as literature, music, art, and software. Copyright serves to encourage creativity by ensuring that creators can benefit from their work while also balancing public access to cultural and educational resources.
Copyright infringement: Copyright infringement is the unauthorized use, reproduction, or distribution of copyrighted material without the permission of the copyright holder. This illegal activity undermines the rights of creators and owners of original works, leading to potential legal consequences. The concept emphasizes the importance of intellectual property rights and the need for protection against unauthorized exploitation.
Copyright registration: Copyright registration is the formal process of registering a creative work with a governmental authority, which grants the creator legal recognition and protection of their original work. This registration helps establish a public record of the work and is a crucial step in enforcing copyright rights against infringement. While copyright protection is automatic upon creation, registration offers significant advantages, especially when it comes to litigation and claiming damages.
Design patent: A design patent is a form of intellectual property protection granted to the ornamental design of a functional item, allowing the creator exclusive rights to the visual appearance of the product. This type of patent focuses specifically on how an object looks rather than its functionality, distinguishing it from utility patents. By securing a design patent, inventors can prevent others from making, using, or selling products that embody their unique design for a set period.
Dramatic Works: Dramatic works refer to plays, scripts, and other forms of writing that are intended to be performed in front of an audience. These works are characterized by their dialogue and action, aiming to tell a story or convey a message through performance. Dramatic works fall under the protection of copyright law, which grants the creators exclusive rights over their use and reproduction.
Duration of copyright: The duration of copyright refers to the length of time that a creator or owner has exclusive rights to their work under copyright law. This period can vary based on factors such as when the work was created, the type of work, and whether it has been published or not. Understanding the duration is crucial for determining when a work enters the public domain and can be freely used by others without permission.
Exclusive rights: Exclusive rights refer to the legal privileges granted to creators and inventors, allowing them to control the use and distribution of their intellectual property. This concept is fundamental in the realm of patents and copyrights, as it empowers individuals or organizations to profit from their innovations and creative works without unauthorized interference from others. By having exclusive rights, creators can protect their inventions and artistic expressions, encouraging further innovation and creativity within society.
Fair Use: Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders. It serves as a balance between the interests of copyright holders and the public's interest in the free use of information and culture. The concept is crucial in fields like education, commentary, and criticism, where using portions of works can promote discussion, education, and creativity without infringing on the original creator's rights.
First Sale Doctrine: The first sale doctrine is a legal principle that allows the owner of a legally acquired copy of a copyrighted work to resell, lend, or otherwise dispose of that copy without the permission of the copyright holder. This doctrine is crucial as it balances the rights of copyright owners with the public's ability to access and use works after their initial sale, making it an important feature of copyright law.
Graphic works: Graphic works refer to visual art forms that can be created through various methods, including drawing, painting, printmaking, and digital design. These creations are protected under copyright law, which gives the creator exclusive rights to reproduce, distribute, and display their work. Copyright protection extends to both traditional and digital graphic works, ensuring that artists have control over how their creations are used and shared.
Literary works: Literary works refer to original creative expressions that encompass various forms of written or spoken art, such as novels, poems, plays, essays, and other forms of literature. These works are protected by copyright law, which grants creators exclusive rights to reproduce, distribute, and adapt their creations. This protection encourages innovation and creativity by allowing authors to control the use of their work and benefit financially from it.
Musical compositions: Musical compositions refer to original works of music that are created by composers, encompassing melodies, harmonies, rhythms, and lyrics. These creations can take various forms, such as songs, symphonies, operas, or sonatas, and are protected by copyright law, which grants composers exclusive rights to reproduce and distribute their works. Understanding the nature of musical compositions is essential for recognizing the legal protections they receive and how these protections impact the music industry and its stakeholders.
Non-obviousness: Non-obviousness is a legal standard used to determine whether an invention is eligible for patent protection. An invention is considered non-obvious if it is not readily apparent to someone with ordinary skill in the relevant field at the time the invention was made. This concept ensures that patents are granted only for innovations that represent a significant step forward, rather than mere combinations or variations of existing ideas.
Novelty: Novelty refers to the requirement that an invention or creation must be new and not previously known or used by others. This concept is crucial in determining the patentability of an invention and is a fundamental principle that separates patentable inventions from those that are already in the public domain.
Patent: A patent is a legal right granted by the government to an inventor or assignee, giving them exclusive rights to make, use, sell, or distribute an invention for a certain period, usually 20 years. This exclusivity helps encourage innovation by allowing inventors to profit from their creations while also providing a mechanism for public disclosure of new ideas and technologies.
Patent application: A patent application is a formal request submitted to a patent office to obtain exclusive rights for an invention, which protects it from unauthorized use or reproduction by others. This process includes detailed documentation that describes the invention, its functionality, and how it differs from existing technologies. The successful approval of a patent application grants the inventor legal protection and can significantly enhance the commercial value of their invention.
Patent infringement: Patent infringement occurs when a person or entity makes, uses, sells, or distributes a patented invention without permission from the patent holder. This violation undermines the rights granted to the inventor, which are intended to protect their intellectual property and encourage innovation. Patent infringement can take various forms, including direct infringement, indirect infringement, and contributory infringement, each with its own legal implications.
Pictorial Works: Pictorial works refer to visual art that includes paintings, drawings, photographs, and other images that express artistic ideas or represent subjects. These works can be protected under copyright law, ensuring that the creator has exclusive rights to reproduce, distribute, and display their art, while also influencing the way copyright balances the interests of artists and the public.
Plant patent: A plant patent is a specific type of intellectual property protection granted for the unique and distinct varieties of plants that have been asexually reproduced. This form of patent allows the patent holder exclusive rights to propagate, sell, and use the patented plant variety for a period of 20 years. Plant patents encourage innovation in horticulture and agriculture by providing inventors and breeders the opportunity to profit from their creations.
Sculptural works: Sculptural works are three-dimensional artistic creations that convey form and presence, typically made from materials like stone, metal, or clay. These works can take various forms, including statues, reliefs, and installations, and they often aim to express concepts, narratives, or emotions through their physicality and design. Sculptural works are subject to copyright protection, allowing artists to maintain control over the reproduction and distribution of their creations.
TRIPS Agreement: The TRIPS Agreement, or the Agreement on Trade-Related Aspects of Intellectual Property Rights, is a comprehensive international treaty that sets minimum standards for the protection and enforcement of intellectual property rights among World Trade Organization (WTO) member countries. It connects the protection of patents and copyrights with trade, promoting international cooperation to combat intellectual property infringement and ensuring that creators and innovators can benefit from their works globally.
Utility patent: A utility patent is a type of intellectual property protection granted for new inventions or discoveries that offer a useful process, machine, article of manufacture, or composition of matter. This patent ensures that the inventor has exclusive rights to their invention for a period of 20 years from the filing date, allowing them to control how it is used and to benefit financially from it. This protection fosters innovation by providing inventors with a competitive edge in the marketplace.