Intellectual Property
| Patents |
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| A patent allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor's permission for a limited period of time. Patent rights are granted by federal law, which also provides that an inventor whose patent is infringed may seek a remedy in court as one might for other wrongs. There are several defenses to patent infringement that may be asserted by one who is sued for patent infringement. One defense that not only will negate infringement liability but will also destroy the validity of a patent is inequitable conduct on the part of the inventor in procuring the patent. More... |
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| State Copyright Law and Preemption |
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| The law of copyright in the United States has become primarily federal since implementation of the Copyright Act of 1976. Thus, the rights conferred under copyright law are of a federal character and are vindicated in federal court. However, state law continues to fill in areas that are not explicitly governed by the federal Act. The areas that were not pre-empted by the passage of the Copyright Act are common law copyright and protection of pre-1972 sound recordings. More... |
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| Internet Domain Names |
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| Copyright law does not protect domain names. Generally, the United States Patent and Trademark Office (USPTO) has tried to apply traditional trademark law to the examination of domain name service mark applications. A domain name qualifies as a mark when it is used in connection with the sale or advertising of goods or services. This includes all sites conducting e-commerce and also sites that provide web-related services. Unlike a trademark, which is restricted by country and class of goods, domain names can be global and not limited by goods or service. More... |
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| Patents |
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| A patent is a federal statutory right that allows an inventor to exclude others from making, using, selling, offering for sale, or importing the patented invention without the inventor's permission for the limited period specified by the patent statute. If a person or other entity makes, uses, sells, offers for sale, or imports the invention covered by the patent, they have infringed the patent, and the patent owner may bring a lawsuit to seek relief. There are several defenses to allegations of patent infringement available to someone who is sued for patent infringement. Two of the available patent defenses are that the allegedly infringing activity is not an infringement of the patent and that the patent is not valid and cannot be enforced.
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| Patents |
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| A patent is a right granted under federal law that allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the subject matter of the patent without the inventor's permission for a period of 20 years from the time of the patent application. An activity involving the patented invention that violates that right is said to infringe the patent, for which the patent owner may bring a lawsuit to collect monetary damages and to stop the infringing activity. There are several defenses to patent infringement. One defense that will completely insulate an alleged infringer from liability is patent misuse. More... |
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