Intellectual property law protects creations of the mind. It covers patents for inventions, trademarks for brand identities, and copyrights for creative works. Understanding these areas is crucial for researchers navigating the complex landscape of innovation and creativity.
Researching intellectual property involves specialized databases and resources. The USPTO offers and databases, while the Office maintains copyright records. Commercial databases and international sources provide additional tools for comprehensive IP research.
Intellectual Property Law Areas
Patents
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Top images from around the web for Patents
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Patent law protects new, useful, and non-obvious inventions, such as machines, processes, manufactures, and compositions of matter
Grants the inventor exclusive rights to make, use, and sell the invention for a limited period
Types of patents:
Utility patents: Protect the functional aspects of an invention (most common type)
Design patents: Protect the ornamental design of a functional item
Plant patents: Protect new varieties of plants
Trademarks
Trademark law protects words, phrases, symbols, or designs that identify and distinguish the source of goods or services
Prevents consumer confusion and protects the goodwill associated with a brand
Trademarks can be registered at the federal level (nationwide ) or the state level
Common law trademark rights arise from actual use in commerce without
Copyrights
Copyright law protects original works of authorship fixed in a tangible medium of expression (literary works, musical works, dramatic works, artistic works)
Grants the author exclusive rights to reproduce, distribute, perform, display, and create derivative works
Copyright protection arises automatically upon creation of the work; registration is not required but provides additional benefits
Duration is generally the life of the author plus 70 years
Intellectual Property Databases
United States Patent and Trademark Office (USPTO) Databases
PatFT (Patents Full-Text and Image Database): Full-text searching of patents from 1976 to present, plus limited searching of older patents
AppFT: Covers published patent applications from 2001 to present
TESS (Trademark Electronic Search System): Database for searching federal trademark registrations and applications
U.S. Copyright Office Database
Online database of copyright registrations and documents recorded since 1978
Pre-1978 records must be searched onsite at the Copyright Office
Commercial Databases
Westlaw and LexisNexis offer extensive coverage of intellectual property materials (cases, administrative decisions, secondary sources)
Specialized tools for patent and trademark searching
Additional Resources
WIPO (World Intellectual Property Organization) databases for international coverage
USPTO's Manual of Patent Examining Procedure (MPEP) and Trademark Manual of Examining Procedure (TMEP)
15 U.S.C. § 1114: Infringement of registered marks
15 U.S.C. § 1125(a): False designation of origin
Copyright Law Sources
Primary sources: (17 U.S.C.), Copyright Office regulations, federal court decisions
Key sections:
17 U.S.C. § 102: Subject matter of copyright
17 U.S.C. § 106: Exclusive rights
17 U.S.C. §§ 107-122: Limitations and exceptions
17 U.S.C. §§ 501-513: Infringement and remedies
Analyzing Intellectual Property Issues
Parse relevant statutory language
Apply pertinent regulations and agency guidance
Synthesize case law to determine governing legal principles
Landmark Supreme Court cases shape interpretation and application of intellectual property laws (Alice Corp. v. CLS Bank, , Google v. Oracle)
Researching Intellectual Property Issues
Patent Research Considerations
Type of patent, filing or priority date, stage of prosecution
Searches may involve locating prior art, assessing novelty and non-obviousness, or determining scope of protection
Key resources: USPTO databases, MPEP, patent classification systems, prior art databases, file histories, court decisions on claim construction and infringement
Trademark Research Considerations
Assessing likelihood of confusion, evaluating distinctiveness, determining availability for use and registration
Relevant factors: Similarity of marks and goods/services, strength of the mark, evidence of actual confusion
Key resources: TESS, TMEP, USPTO Acceptable Identification of Goods and Services Manual, trademark registrations and applications, court decisions on infringement and distinctiveness
Copyright Research Considerations
Copyrightability, ownership, , infringement
Investigate originality of a work, analyze scope of exclusive rights, assess whether a use qualifies as a permissible exception
Key resources: Copyright Office records, Copyright Act, Copyright Compendium, court decisions on fair use and infringement, industry-specific guidelines
General Research Tips
Use secondary sources (treatises, practice guides, law review articles) for background information and analysis to guide primary law research
Citators (Shepard's, KeyCite) help ensure cases and statutes are still good law