700 words, read the case and answer the below questions.

Part 1 – Chapter 9: Intellectual Property Rights (p. 154 – 175)

Section 1: Trademarks (p. 154- 160)

Section 2: Copyrights (p. 160 - 164)

Section 3: Patents (p. 164- 175)

2

3. Patents

Definition (p. 165)

✓Inventors like authors are protected by law.

✓It is an exclusive right given by the law to the inventors over their discoveries for limited times.

3

3. Patents Types (p. 165-166)

✓There are three types pf patents: Utility patents; Design Patents; and Plant Patents.

✓The rights to a patent may be obtained by proper filing with the United states Patent and Trademark Office (USPTO).

✓The duration of the protection varied depending on the type of patent.

4

3. Patents

Utility Patent (p. 165) Inventions classified as utility or functional patents grant inventors of any new and useful:

✓process,

✓machine,

✓manufacture, or

✓composition of matter, or

✓any new and useful improvement of such devices the right to obtain a patent.

Duration: The duration of utility patent is 20 years from the date of filing. 5

3. Patents

Utility Patent: Patentability Conditions (p. 166-167)

✓For patent eligibility, it should be one of the four categories of subject matter (process; machine; manufacture, compositions of matter).

✓The invention should be something that is new and not obvious to a person of ordinary skill and knowledge in the art or technology to which is invention is related.

✓It should be useful.

6

3. Patents

Design Patent: (p. 166)

✓A second kind of patent exists. It protects new and nonobvious ornamental features that appear in connection with an article of manufacture. These patents are called design patent.

✓The duration of protection of a Design Patent is 14 years starting the day of filing.

7

3. Patents

Plant Patent: (p. 166)

✓A third kind of patent is Plant Patent. It protects the inventors of asexually reproduced new varieties of plants.

✓The duration of protection of a Plant Patent is 20 years starting the day of filing.

8

1. Trademarks

Definition: (p. 154)

✓It is an exclusive right given by law to a producer to register a trademark and to prevent competitors from using that mark.

✓This law helps ensure that the trademark holder and not an imitating competitor will get the financial, reputation-related rewards of a desirable product.

✓The protection includes: Trademark, Tradename, Trade secret (Product Total Image), Trade dress and registered (separately) Internet Domain Name.

9

1. Trademarks

Definition: (p. 154)

✓A mark is any word, name, symbol, device, or combination of these used to identify a product or a service. If the mark identifies a product, it is called a trademark. If it identifies a service, it is called a service mark.

✓The owner of a mark may obtain protection from others using it by registering the mark at the USPTO.

✓The duration of protection is indefinite so long as the Trademark continues to be used.

10

1. Trademarks

Registrable Marks: (p. 154)

✓To be registered, the Mark should be distinctiveness.

✓Trademark law categorizes marks along a spectrum of distinctiveness, based on a mark’s capacity to serve a source-identifying function.

✓A mark is classified as 1) coined (most distinctive), 2) arbitrary, 3) suggestive,

4) descriptive, or 5) generic (least distinctive).

11

1. Trademarks

Registrable Marks: (p. 154) • Example of a :

✓Coined mark: KODAK (word invented by the producer);

✓Arbitrary: Apple for electronics;

✓Suggestive: silky for shampoo;

✓Descriptive: Sports Magazine.

• Generic terms that describe a class of goods such as soap, car, cola are never registrable because they do not have a capacity to serve as a source identifier.

12

1. Trademarks

Improper Use and Remedies (p. 156-157) ✓To bring a successful case in trademark infringement, a plaintiff must prove that it

has a valid mark, that it was the first to use the mark, and that another’s use of the mark is likely to cause confusion to consumers.

✓Remedies decided in courts for improper use include:

- Decision forbidden the use of the particular mark;

- Allocation of damages.

13