American IP law
静脉炎分级Chapter 1 The Foundations of Patent Protection
Discussion:
• 1 What is intellectual property?
• 2 What are intellectual property rights?
与施从事书请假条格式范文• 3 Name some examples of IPR.
• 4 What are the main kinds of IPR laws?
• 5 Why do governments establish IPR laws?
• 6 Why does America attach great importance to the protection of IPR?
• 7 Brief introduction to American IPR laws.
•
1 What is intellectual property?
30分钟简写
IP refers to such creations of the mind as inventions, literary and artistic works, and symbols, names, images, and designs ud in commerce.
2 What is intellectual property right?
IP rights are intangible legal rights which protect the products of human intelligence and creation, such as copyrightable works, patented inventions, trade marks, and trade crets.
3 Name some examples of IP.
IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.
4 What are the main kinds of IPR laws?
Intellectual property rights laws include patent, copyright, trademark, and trade cret laws, which typically protect IP rights.
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5 Why do governments establish IPR laws?
征兵工作总结Countries have laws to protect intellectual property for two main reasons. One is to protect creators and others producers of intellectual goods and rvices by granting them certain time-limited rights to control the u made of tho productions. The cond is to induce creative people to expend the time, effort, and funds necessary to invent or produce intellectual things and then promote technological innovation and economic growth and enrich people’s spiritual life.
6 Why does America attach great importance to the protection of IPR?
IP plays a very important role in American economy.
7 Brief introduction to American IPR laws.
Intellectual property laws include patent, copyright, trademark, and trade cret laws, which typically protect IP rights. Patents, copyrights, and trademarks are creations of statute, where the government recognizes and enforces the public expression of an original idea for a limited period of time. Trade crets, established by common law, can protect IP through contractual and tort remedies. Copyright laws generally protect creative and artistic works such as books, movies, music, paintings, photographs, and software. Patents, trademarks and trade cret laws are ud more often to protect industrial properties, as they are generally created and ud for industrial or commercial purpos.
In the United States, the laws exist at both the state and federal levels. The laws vary somewhat from state to state. At the federal level, the Constitution and legislation authorized under the Constitution deal exclusively with patents and copyrights, and partially with trademarks and related areas of unfair competition. Intellectual property law is extraordinarily complex, and by its very nature, continuously evolving.
Chapter 1
The Foundations of Patent Protection
1.1
Ancient Greece The origin of American patent law.
At the beginning of medieval times The monarch granted some royal privileges to control various ctors of the market.
By the time of Elizabeth The practice of royal patents had become a burden on free competition.
1623 The Statute of Monopolies effectively ended the most rious monopolies.
It was received by the American colonies.
By the time of the Revolution Virtually all of the colonies had granted patents;
Well-established state patent practices developed.
1790 The first patent statute was enacted.
1793、1836、1952、2007 There have been four major revisions of the Patent Act.
1.2 Patent Basics
1 The requirements that a patent needs to meet.
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A. preparing documents: request, specification, claim
B. submitting the application
C. examining the application
D. granting a patent or rejecting the application
2. The right that a patentee has
A. the patentee has the exclusive right to make, u, or ll the invention.
1 The owners can exclusively u their patents.
2 The owners can ll (assign) their patents.
B. the owner has the complete right to determine who will have the right to u, make, or ll the patented item.
3 The owners can licen their patents.
C. the patentee has different ways of using the patent 韩信的故事
4 The owners can u their patents to invest a factory.
D. a patent owner may sue anyone he believes has been using part or all of the basis of the patent without authorization.
1.3 The Two Theories of Patent Protection
(1) The “bargain” or contract theory
It starts with the premi that people will be encouraged to produce new inventions if there is some reward as an incentive.
