from peter davis's lecture (patents, trademarks, and copyrights)

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From Peter Davis’s Lecture Defintions and Commentary on them. 1. Patents – includes a. inventions, including processes, machines, articles of manufacturing, business methods, and software (subject to debate) 2. Copyright – original works of authorship including literary works, music, dramatic and choreographic works , paintings and drawings, sculptures, motion pictures and other audio visual works and architecture (According to Davis, software may also be a subject of copyright) (According to Davis , things that we don’t consider literature, but is fixed in a TANGIBLE MEDIUM like a. manuals b. instructions and c. company forms may also be copyrightable. It depends on how they are rendered) 3. Trademark- word or phrase that identifies the source of goods or services. (According to Davis, Slogans can be trademarkable provided that they are used to designate the source of goods and services) 4. Trade Secret – any information which provides its owner with competitive benefit or economic value by virtue of its secrecy, examples would include a. inventions, b. customer lists, c. chemical formulas, processes. Patents 1. According to Davis, Patents gives you the right to exclude others, not to practice the invention Requirements for a patent to be granted a. It has to be new b. It has to be not obvious c. FULL DISCLOSURE - Davis discusses that a patent’s purpose was to encourage disclosure of information to promote the useful arts. So you need to disclose in your patent application enough

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Transcript of his Lecture on Patents, Trademarks, and Copyrights

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From Peter Daviss LectureDefintions and Commentary on them.1. Patents includes a. inventions, including processes, machines, articles of manufacturing, business methods, and software (subject to debate)2. Copyright original works of authorship including literary works, music, dramatic and choreographic works , paintings and drawings, sculptures, motion pictures and other audio visual works and architecture(According to Davis, software may also be a subject of copyright)(According to Davis , things that we dont consider literature, but is fixed in a TANGIBLE MEDIUM like a. manuals b. instructions and c. company forms may also be copyrightable. It depends on how they are rendered)3. Trademark- word or phrase that identifies the source of goods or services.(According to Davis, Slogans can be trademarkable provided that they are used to designate the source of goods and services)4. Trade Secret any information which provides its owner with competitive benefit or economic value by virtue of its secrecy, examples would include a. inventions, b. customer lists, c. chemical formulas, processes.Patents1. According to Davis, Patents gives you the right to exclude others, not to practice the invention Requirements for a patent to be granteda. It has to be newb. It has to be not obviousc. FULL DISCLOSURE Davis discusses that a patents purpose was to encourage disclosure of information to promote the useful arts. So you need to disclose in your patent application enough information so that someone who practices in that area can make and use that invention. You also need to disclose the best mode of carrying out that intervention. This means, according to Davis, that you cant file an application and hold back all the really neat secrets that are necessary to make work really well. If one fails to do that, and you get a patent and are later suing one of your competitors for patent infringement, and they find documents which show that you had held information back, your claim will be held unenforceable.2. You have no rights during the pendency of the application3. INVENTORSHIP vs. OWNERSHIPInventor (s) all persons who contributed to the conception of the invention , the invention is defined by the patent claimsOwnership each inventor shares an undivided interest in the patent, including all rights. Inventor interests are separately transferrable. Make sure you get an assignment from the inventor