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Flashcards

Patent

Vivian Kamel English 38 cards

Cards in this deck (38)

  1. 1How long does a Patent protection last?20 years (renewal fee every year)
  2. 2How long does a copyright protection last?Lifetime + 50/70 years
  3. 3How long does a trademark last?10 years and can be renewable for unlimited time
  4. 4How long does a registered design last?25 years (renewal fee every 5 year) 15 years for spare parts
  5. 5What are the requirements of getting a patent?That your invention solves a technical problem and: is novel, has an inventive step and can be applied in industry.
  6. 6What are the requirements of getting a copyright?That the creation is fixed in tangible or material form
  7. 7What are the requirements of getting a Trademark?That it has distinctiveness and a graphical representation
  8. 8What are the requirements of getting a Design protection?That it is new and has individual character
  9. 9What are the three requirements that must be met for enforceable trade secrets to exist?- That is must be a secret, in the sense that it is not known by the public
    - Reasonable efforts must be made to keep it secret, for example, contracts about keeping it secret.
    - It must also be profitable for competitors to get a hold of this secret.
  10. 10When will a patent application be visible to other competing companies?When it's published, so 18 months from filing date, or if priority is claimed, 18 months from priority date.
  11. 11If you file a patent application in Sweden, how much time do you have of filing a EPC?12 months if you want to claim priority from Sweden.
  12. 12What are the main differences between registered design and unregistered design (name at least two)?- The unregistered design is only protected for 3 years, the registered 25 years.
    - The registered design you'll have to apply for, the unregistered is just made automatically.
  13. 13There are 6 different creative common licenses, which are these?BY
    BY-SA
    BY-NC
    BY-ND
    BY-NC-SA
    BY-NC-ND
  14. 14What does BY stand for?Attribution - Author must be acknowledged on all copies and adaptations of the work, including a link to the original version of the work
  15. 15What does SA stand for?Sharealike - The work can be modified and adapted, but the entire resulting work (including new material added by the adaptor) must be distributed under the same sharealike licence
  16. 16What does NC stand for?Non-Commercial - The work can only be used for non-commercial purposes
  17. 17What does ND stand for?Non-derivatives - The work can only be distributed in its original form; no adaptations or translations can be made
  18. 18Describe Fan fictionFan fictions are stories written that are based on characters from other works, from the original works fan. If fictional characters may be copyrighted, so fan fictions can be a copyright infringement.
  19. 19Describe meta tagsTags are inserted within the header in order to provide search engines with basic information about its content. Hackers use the popularity of other companies and take advantage of them. These can have a misleading character and then lead to infringement.
  20. 20Describe cybersquattingTo use another web sites name but with another domain (.org.se..), this to profit from a trademark that belongs to someone else.
  21. 21What is a sunrise period?A period of time after the launch of a new domain, during which owners of trademarks may register their name containing the owned mark.
  22. 22What is typosquatting?This relies on mistakes such as typographical errors made by users when inputting a website adress into a web browser.
  23. 23What is hyperlinking?- Deep-linking is when you use web pages to redirect users into another web page. When doing this, it's important to notify the user that they are entering another page.
    - Frame linking is when a web page breaks up the screen up into windows where each window come from seperate page.
  24. 24Please name things that should be in the guidelines regarding steps or measures that should be taken (against the employees) to protect the company’s trade secrets.1. Contract about keeping it a secret
    2. Close lockers
    3. Lead visitors
    4. Locking gates
    5. Informing employers about the policy
    6. Restricting access to trade secrets.
  25. 25Name the three main types of licenses and explain the differences between them?Exclusive license - The licensor gives a licensee a contract about the exclusive rights to use one or more rights that belongs to the licensor, without being an illegal act. In this case, the licensee owns the right, and can't have competition in his territory, not even from the licensor.
    Sole license - The licensor (a owner of a intellectual right) gives the licensee a legal contract to exercise one or more rights that the licensor has. A sole license means that the licensee is the only owner in that territory, except from the licensor. This is less risky since the licensor does not depend on the licensee.
    Non-exclusive license - the patent owner reserves the right to grant license of the technology concerned to third parties and use it himself.
  26. 26Name three reasons for licensing technology, and three reasons for licensing out technology.Licensing in: Fast market access, Reduce research investment, fast technology access
    Licensing out: Reduce own investment risk, Faster market introduction, Faster return on investment
  27. 27What does TM stand for and how can you use it?Trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. You can use it after a name for example to prove to others that you have or plan to take protection on it.
    A trademark is something that defines a company or the company's product. It is something that is associated to a company.
  28. 28What do we mean with the term “passing off” and how does it relate to trademark protection of a product?That another company uses a known company's trademark and make similar products to use their success. False marketing.
  29. 29Please describe the three different ways of performing a test for infringement in a design right case.Side-by-side test
    Imperfect recollection test
    Usage test
  30. 30What is a geographical indication and how does it differ from a trademark?A GI is more of a reputationt that a certain product has a kind of quality if it comes from a certain geographical area. It differs from trademark since trademark is more of a reputation about a company, regardless it's geographical location.
    GIs and trademarks differ in two ways:
    1. A trademark belongs to a particular
    company; it distinguishes that company’s
    products. GIs are shared by all producers in
    the region identified by the GI.
    2. GIs attach to a location; trademarks don’t.
  31. 31Explain what degeneration of a trademark means?It means that the product or service has lost it distinctiveness and instead is used in common language as a general indication of a product or service that doesn't necessarily have something to do with the brand.
  32. 32What is the legal difference between know-how and a trade secret?A know-how is something that someone has to know in order to achieve something, this can be a trade secret if it fulfill the three requirements above.
  33. 33What is the main difference between the regional application track according to EPC and the international application track according to PCT?That the PCT doesn't lead to granted patents and also that you can reach countries outside of Europé.
  34. 34Describe what a “grace period” is in Design Rights?It's a period of 12 months, where the design is not considered disclosure if the inventor file an application within those 12 months. I.e. It doesn't lose it's novelty.
  35. 35What is the difference between a regular patent application and a provisional patent application?A provisional patent application is not a real application and can't lead to a granted patent. It's only purpose is to give the inventor time to maybe make his application stronger or more detailed. The inventor must file a non-provisional application within 12 months. It's a way to get a earlier filing date.
  36. 36How long is the term of protection for the layout of an integrated circuit in light of the Integrated circuit layout design protection rules?The term of protection is at least 10 years from the date of filing an application or of the first commercial exploitation in the world. However, the protection can't last more than 15 years from the layout-creation.
  37. 37What is the difference between a word mark and a logotype?A word mark only has letters while a logotype includes one or more graphical elements wherein text can be one such graphical element.
  38. 38What is a Well-known mark and how does it differ from an ordinary trademark?A well-known mark is similar to a famous mark, and means that it is a mark with high degree of consumer recognition. There are some factors that determine whether a mark is well-known:
    The degree of knowledge or recognition of the mark in the relevant sector of the public
    The duration, extend and geographical area of any use or promotion of the mark
    The value of the mark
    The record of successful enforcement of the mark

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Flashcards on Patent, created by Vivian Kamel on 16/03/2017.
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Vivian Kamel
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