Patent Law
Types of Works | A new and useful process, machine, manufacture, or a composition of matter |
Legal Standard | Novelty, Nonobvious, Utility, Disclosure |
How It’s Acquiered | Invention + Application process |
Source of the Law | 35 U.S.C. §§; exclusively Federal; appeals to single US Court of Appeals |
Length of Term | 20 years from patent application |
Copyright Law
Types of Works | Literary and artistic works |
Legal Standard | Originality, authorship, fixation in a tangible medium |
How It’s Acquiered | Automatic; registration for enforcement, remedies |
Source of the Law | 17 U.S.C. §§; exclusively Federal |
Length of Term | Life of author + 70 years, ot 95/120 years |
Trademark Law
Types of Works | Distinctive ‘marks’ or product appearance |
Legal Standard | Distinctiveness, and/or secondary meaning |
How It’s Acquiered | Registration and «use in commerce» for federal protection |
Source of the Law | 15 U.S.C. §§ and state laws |
Length of Term | Perpetual; subject to abandonment, genericide |
Source: Introduction to Intellectual Property.