Although Section 161 of the Patent Act providing for statutory protection for plant patents does not specifically state that patents for plants must be ____. To be patentable, a design must be _______ rather than utilitarian A _______ of a product may be registrable as long as the product is not known for the fragrance or the frangance does not enhance use of the product. Works consisting entirely of information and contains no original authorship. Patents are governed exclusively by federal law, and rights in patents arise from ______ of the U.S. Constitution. An emerging field in trademark law is the registration of ________, such as Microsoft's spinning globe or the image of light rays shining on the robed lady holding a torch used by Columbia Pictures Industries, Inc. Moving Images The term of protection is the same as that for utility patents, namely, __ years from the patent application date. A patent is a grant from the _______ allowing an inventor to exclude others from producing, using, selling, or importing the inventor’s discovery or invention for a limited period of time, generally 20 years from the filing date of a patent application. ______ is also found lacking if the invention's sole purpose is illegal or immoral, as was the case in 1990 when a patent was refused for a process of making a cheap cigar wrapper tabacco leaf that resembled superior products. Systems for the operation of businesses cannot be patented unless they are more than mere abstract ideas. It is a play or theatrical performance. The term ____ means that the subject matter of the invention must have a useful purpose. Marks consisting of ________ present special problems. An exclusive right for seven years to market an ________ that is necessary to treat a disease that affects fewer than 200,000 people. Protection under the Act is triggered when the Food and Drug Administration determines that unless such protection is granted. Either single _______ or multiple _________ and slogans are eligible for federal registration. Thus, nonobvious primarily ornamental Fragrances Common Property Article 1, section 8 moving images 20 Federal Government Utility Business methods are mental steps. dramatic works useful Geographic Terms Orphan Drug words the mark FORD and HAVE YOU DRIVEN A FORD LATELY are protectable. A chip that is based on copyright law principles, protection of the masks used to create the chips. Based on a preexisting work. A ____is a method of doing something to produce a given result. The _______ of a product may be registered as a trademark as long as the shape is not functional. The first requirement for copyrightability. _______ what are the 4 types of trademarks. A _________ includes any word, name, symbol, or device or combination of such used to identify and distinguish one's goods or products from those of another and to indicate the source of such goods or products. __________ are private and public consulting and marketing businesses that exists to help inventors bring their inventions. Works of the US Government often are said to be available for all to use. There is overlap between trade dress protection and patent law such that the ornamental appearance of an item may be protected under _______ and as a design patent. Federal law (35 U.S.C. § 101) establishes the subject matter that can be protected by a ____. The ______ means that an invention cannot be patented. The congress has the power to prommote the progress of science and useful arts by securing to authors and inventors the exclusive right to their respective writings and discoveries. A design or device that is _______ cannot be registered. semiconductor chip protection derivative work process Shapes original Trademark, Servie mark, Collective marks, and Certification marks. Trademark Invention development organization Public Domain Works Trade dress law. utility patent Novelty requirements Article I, Section 8 of the US Constitution functional A ____ can be obtained for articles as diverse as jewelry, furniture, trash receptacles, and clothing (such as an ornamental design for a shoe). Design patent A diary or a journal maintained by the author and not distributed to the public. unpublished work Since _____, federal law has allowed for the grand of a patent to anyone who has invented or discovered and asexually reproduces any distinct and new variety of 1930 plant or cultivated tuberous plant. Marks that consist of the flag or coat of arms or other _______ of the United States or another country cannot be registered. A _______ is a word, name, symbol, or device (or combination of such) used by a person other than its owner to certify quality, accuracy, or some other characteristics of goods or services, such as the famous UL (& Design) mark used by underwriters' laboratories, Inc., to certify that products conform to certain safety standards established by Underwriters' Laboratories. A trademark may consist of _______ as long as the color is not functional." Broad category of visual arts of two and three dimensional works of fine, graphic and applied art, photographs, prints, art reproductions, cartoons, maps, globes, and charts. It is a work such as periodical issue, anthology, or encyclopedia. Whereas trademarks can last forever if properly protected and maintained , and copyrights have a long-term of duration, patents protection last only _______ years from the application date for utility and plant patents. Stencil used to etch or encode an electronic circuit on a chip. ________ requires that the work be sufficiently stable or permanent that it can be perceived, reproduced, or otherwise communicated for a period more than transitory duration. If the _______ is superior too prior art and performance better than other similar inventions, such trans to show nonobviousness. Whereas right in trademarks arises form to use and copyright registration, patents must be issued by the __________ to be protectable. government insignia Certification marks color pictorial, graphic, and sculptural works Collection 20 Mask Fixation Invention federal government A combination of _________ strategies may be needed to secure the broadest possible scope of protection for certain articles. Intellectual property. After the patent ____, anyone may make, use, or sell the invention without liability. expires It consists of music, including any accompanying words, and maybe in the form of sheet music, a cassette tape, record, or CD. Marks that consist of _______ or falsely suggest a connection with persons, institutions, or national Musical works disparaging matter symbols or brings them into contempt or disrepute are excluded from registration. There are a variety of items, products, and processes that cannot be patented. The following are excluded from patent protection either by statutory prohibition or ____. The term of a plant patent is identical to that for utility patents:____ years from the date on which the application for the patent is filed with the PTO. One that is distributed to the public for sale or otherwise transferred to another, such as by rental or lending. provides rights for certain drugs that are similar to patent rights, namely, an exclusive right for seven years to market an ____ that is necessary to treat a disease that affects fewer than 200,000 people. Performance that uses gestures and expression. ____, physical phenomena, scientific truths, and abstract ideas cannot be patented. The Trademark Act prohibits the registration of ________, including profane words. __________ are by far the most common type of patent and cover what we generally think of as inventions, such as the cotton gin, the automobile, the airplane, and the computer. ______ involves growing something other than from a seed. Judicial Interpretation 20 published work orphan drug Pantomimes Laws of Nature immoral or scandalous matter Utility Patents Asexual reproduction A mark consisting primarily of a _______, such as Kimball or Davis, cannot be registered unless it has acquired distinctive. Surnames The overall packaging, design, and configuration of a product is protectable as its _______. trade dress ________ of living persons cannot be registered without their consent. Law of nature is ____ from Patent Protection. ________ are eligible for registration as long as they do not describe the mark. Marks that are merely ________ of the products or services offered under the mark cannot be registered. The nonrenewable term of a design patent is __ years from the date of issuance of grant. A unique arrangement of them into a recipe book may qulify as a __________. The requirement of ______ means that not all new and useful inventions can be Names, portraits, or signatures excluded Numbers and letters Descriptive 14 Protectable Compilation. nonobviousness patented. Only human-made inventions can be patented. Naturally occurring substances cannot be protected by patent even if they have previously been unknown to others. A mark consisting solely of a _______, such as Nike's famous ""swoosh"" mark or the picture of the smiling Quaker on a box of Quaker oatmeal is registrable. Designs for useful articles, such as vehicular bodies, wearing apparel, household appliances, and the like are not protected by copyright." The _____, the same government agency that is responsible for examining trademark application and issuing registrations is responsible for examining patent application and granting patents. Those express in words, numbers, or verbal or numerical symbols and include a wide variety of works. Marks comprising _______ matter cannot be registered. The requirements of novelty for utility patents discussed in the previous section on patentability under the heading “Novelty” apply equally to design patents. ____ are charged during the term of the plant patent to maintain it in force. More than __ percent of the patent applications filed with the USPTO are for utility patents; approximately 5 percent are for design patents; and less than 1 percent are for plant patents. A form of intellectual property property protection that protect original works of authorship that are fixed in a tangible form of expression. ________ invented more than 300 uses for peanuts. Like ________, patents are governed exclusively by federal law. This term has been construed broadly over the past 200 years to protect musical works, architectural works, sculptures, videogames, and developing technologies. To prevent consumer confusion and deception, _______ cannot be registered. Design of a building as embodied in some tngible medium of epression, including a building, architectural plans, or drawings. It include musical sounds but often includes recording of drams or lectures. Courts examine the ______ in the pertinent field to determine whether an invention Design patent has a term of ___ years from the date of their grant., and no maintenance Products of Nature Designs Useful articles Plant and Trademark Office Literary works Deceptive it must be new No fees 94 Copyright George Washington Carver Copyright writings confusingly similar marks Architectural works Sound recordings prior art 14 fees are charged to maintain a design patent in force. A ________ is a trademark or service mark used by the members of a cooperative, association, or other collective group or organization , including marks indicating membership in a union or other organization, such as AMERICAN BAR ASSOCIATION, LIONS CLUB, or FRATERNAL ORDER OF POLICE; these marks indicate membership in the organization identified. Composition and arrangements of dance movements and patterns. Printed matter is _____ from Patent Protection. PTO means ____. No______ gives its owner the right to make, use, or sell the invention; rather, the right granted is only to exclude from making, using or selling the patented invention. Before the ________________ was passed, a distinction was drawn between published and unpublished works. A ________ includes any word, name, symbol, or device (or combination of such) used to identify the services or intangible acivities performed by one person for another, identify and distinguish one's services from those of another and indicate the source of such services, such as BURGER KING for restaurant services UNITED AIRLINES for transportation services, or SPRINT for communication services. ________ By law, some marks have received special protection. Thus, marks associated with the Olympics, the American Red Cross, Smokey the Bear, and certain veterans' organizations are reserved to their owners and cannot be appropriated by others. Audiovisual works consisting of a series of related images. Once the inventor sells or offers to sell the invention in the US, he or she has ___ year grace period to file a patent application. A principle prohibits the issuance of more than one patent for the same invention or for an invention that is substantially the same as that owned by an inventor. Under the Atomic Energy Act of 1954, _____ cannot be patented. collective marks Choreography excluded Patent and Trademark Office patents 1976 Copyright Act certification mark statutorily protected marks Motion pictures one double patenting atomic weapons In --____, the Court noted that the intent of the design patent statute was to encourage the decorative arts. Gorham In 1950, NBC received the first _______registration, for its famous threenote chime. Sounds A ______ is granted to any person who has invented any new and nonobvious ornamental design for an article of manufacture. A ____ affords its owner the right to exclude others from asexually reproducing the plant. design patent plant patent In _______________ the Court held that a live, humanmade microorganism (in that case, a genetically engineered bacterium capable of breaking down crude oil) was patentable as a humanmade “manufacture” or “composition of matter” and stated that “anything under the sun made by man” is patentable. A _______ is a grant from the federal government conferring the right to exclude others from making, selling, or using an invention for the term of patent protection. In Diamond v. Chakrabarty, 447 U.S.303 (1980) Patent