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Flashcards

Exam 2

Sarah Pospisil Tech Law and Ethics English 51 cards

Cards in this deck (51)

  1. 1What are two words to describe patents?Very technical, very specific
  2. 2What are patents protected by?The Enumerated Powers Clause, Article 1 - Section 8
  3. 3What do patents protect?the underlying idea, not the expression
  4. 4How long do patents last?20 years from the filing date
  5. 5What is the difference between patents and copyrights?Patents protect from independent creation, while copyrights to not
  6. 6How has patent law changed recently?It is now the first to file, not first to invent.
  7. 7What is Section 101?Subject Matter
  8. 8What TWO things must the invention be (under section 101)?new and useful
  9. 9What 4 kinds of inventions are there?process
    machine
    manufacture (tool)
    composition of matter (chemicals)
  10. 10What can inventions NOT be?laws of nature
    math formulas
    scientific principles
  11. 11What is Section 102?Novelty
  12. 12You cannot get a patent if... (3 things)1. the person is not the inventor
    2. the invention was known/used by others in the US, or published anywhere else
    3. the product was in use for 1+ years before
  13. 13What is Section 103?Nonobviousness
  14. 14Under Section 103, what must the invention be? (keyword)an INCREMENTAL ADVANCE
    (a step up)
  15. 15Name the 3 sections of patent law1. Subject Matter
    2. Novelty
    3. Nonobviousness
  16. 16Patents can be used...offensively OR defensively
  17. 17What began software patent war?Diamond v. Diehr (1981)
  18. 18What began business method patent war?State Street Bank and Trust (1998)
  19. 19What were the two major patent cases?1. Mayo Collaborative v. Prometheus Labs
    2. Association for Molecular Pathology v. Myriad Genetics
  20. 20What was decided in the Mayo v. Prometheus case?- patents cannot simply "apply" scientific laws
    - must have "POST-SOLUTION ACTIVITY"
  21. 21What did the Ass. Molecular Path v. Myriad decide?Simply isolating DNA is not patentable b/c it is naturally occurring, while cDNA is patentable b/c it is not naturally ocurring.
  22. 22Discover does NOT equalinvention
  23. 23invention does NOT equaldiscovery
  24. 24What is patent protection a balance between?creating incentives to invent and impeding the flow of info
  25. 25What is Trademark Law made up of?Federal AND State law
  26. 26How do both federal and state have trademark law?Interstate and intrastate commerce
  27. 27What "dual interests" do trademarks protect?1. brand name and goodwill of company
    2. consumer confusion
  28. 28What 6 things can trademarks be?phrases
    words
    smells
    symbols
    sounds
    colors
  29. 29What can't you trademark?Numbers
  30. 30How are generics determined?on a case-by-case basis
  31. 31How are generics determined?on a case-by-case basis
  32. 32What companies are in danger of generics?xerox, google, kleenex, band-aid
  33. 33What is the trademark strength of protection determined by?the 5 categories:
    fanciful
    arbitrary
    suggestive
    descriptive
    generic
  34. 34Fancifulcompletely made up (Exxon)
  35. 35Arbitraryno connection between word and company (Amazon, Apple)
  36. 36Suggestivesuggests the category (Dairy Queen)
  37. 37DescriptiveMust develop a second meaning (Computer land, Ben and Jerry's)
  38. 38Genericnot protected any longer (elevator)
  39. 39What is the infringement standard?"liklihood of confusion"
  40. 40What are the four infringement factors?1. similarity of goods
    2. sophistication of consumers
    3. length of trademark use
    4. wrongful intent
  41. 41What are the two trademark boo-boos?1. Infringement
    2. Dilution
  42. 42What are the two kinds of trademark dilution?1. Dilution by blurring
    2. Dilution by tarnishment
  43. 43What does the Trademark Dilution Revision Act of 2006 say?you must show a "famous mark" that is widely recognized by the US public
    AND
    there must be "likelihood of dilution"
  44. 44what is the new frontier for trademark law?web domain names
  45. 45what are cybersquatters?people who register common domain names early to gain a profit
  46. 46what is typosquatting?www.amazoM.com
  47. 47Where is Trade Secret Law?Torts Section 757
  48. 48what are the 6 factors in determining a trade secret?1. the extent of known info in the company
    2.the extent of known info outside company
    3. efforts to guard the info
    4. time $$$ and effort in creating the info
    5. the value of the info
    6. the ease of accessing/duplicating the info
  49. 49US v. Joya Williamsformer Coke employees charged with selling Coke secrets
  50. 50What are the 3 exemptions to the FTDA?1. Fair Use (parody - Starbucks symbol)
    2. non-commercial use
    3. news reporting and commentary
  51. 51What did the Victoria's Secret case say?You no longer have to have evidence of damage, just the likelihood that damage would happen.
    (Contextual factors)
    (infer injury)

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Tech Law and Ethics Flashcards on Exam 2, created by Sarah Pospisil on 22/07/2013.
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Sarah Pospisil
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