5.2 Patents and Copyrights

Patents and copyrights are key tools for protecting intellectual property. Patents give inventors exclusive rights 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

Top images from around the web for Purpose and Scope of Patents

• 

  Patent Application - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Open Source and Patents and Patenting Rights View original

  Is this image relevant?

• 

  Intellectual Property – Mastering Strategic Management – 1st Canadian Edition View original

  Is this image relevant?

• 

  Patent Application - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Open Source and Patents and Patenting Rights View original

  Is this image relevant?

1 of 3

Top images from around the web for Purpose and Scope of Patents

• 

  Patent Application - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Open Source and Patents and Patenting Rights View original

  Is this image relevant?

• 

  Intellectual Property – Mastering Strategic Management – 1st Canadian Edition View original

  Is this image relevant?

• 

  Patent Application - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Open Source and Patents and Patenting Rights View original

  Is this image relevant?

1 of 3

• Patent 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

• Utility patent example: Smartphone touchscreen technology
• Design patent example: Distinctive shape of a soda bottle
• Plant patent 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

• Patent application process begins with thorough prior art search ensuring invention novelty and non-obviousness
• 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

• Patent infringement 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

• Copyright protects original works of authorship fixed in tangible medium
• Works protected by copyright include
  • Literary works (books, articles)
  • Musical compositions
  • Dramatic works
  • Choreographic works
  • Pictorial, graphic, and sculptural works
  • Audiovisual works (movies, TV shows)
  • Architectural works
• 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
• Fair use 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
• Copyright infringement 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 Berne Convention providing automatic protection in member countries