Indirect Infringement of Patents Patent rights give an inventor the right to exclude others from making, selling, importing, or otherwise profiting from an invention
Works of Authorship under Copyright Law The Copyright Act uses the phrase “works of authorship” to describe the types of works that are protected by copyright
Fair Use of Trademarks A party is entitled to use a trademark in such as way as to describe the qualities that a mark
Choosing a Trademark The spectrum of trademark distinctiveness goes from fanciful marks, which are very protectable, to generic trademarks, which are not protectable.
Patent Applications Covering Multiple Inventions If an application contains claims to more than one independent and distinct invention, the United States Patent and Trademark Office
Protecting Patent Rights Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts,
The Doctrine of Intervening Rights A patent is issued for a fixed term–14 years for design patents; 20 years for other types–during which the patent
Copyright and Fair Use The United States Copyright law represents a bargain between creators and the public. Congress granted certain exclusive rights to creators
Patents with Distinctive Claims When filing a patent, a patent application must include one or more claims which particularly point out and distinctly claim
Protecting Trade Names Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion