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Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
This introductory text explores the origins, sources, function, and values of the exciting world of Intellectual Property (IP). Topics covered include copyright, trademark, patent, trade secret, domain names, and geographical indication, with primary attention given to IP law in the United States and ample coverage of key international laws. The history, development, and modern language is presented in an easy-to-absorb modular format. This book is designed as a text for classroom use.Text Outcomes: Paralegal and Legal Studies students using this text should be able to: 1. Identify and describe the basic types of protectable IP rights in the United States; 2. Differentiate between the different forms of IP and the specific common law and statutory rights secured under both United States and, to a more limited degree, foreign law; 3. Identify the limits of IP rights by duration and statutory interpretation of language like the ''fair use'' doctrine for copyrights, and constitutional boundaries under the First Amendment; 4. Understand the basic research process used to discover or locate existing protectable interest in IP in the United States; 5. Understand the basic application processes used in the United States to register certain types of IP in order to obtain greater protection, and be familiar with the scope of that greater protection; 6. Demonstrate a basic familiarity with some common government websites and online research tools used in IP legal practice; 7. Articulate causes of action to protect IP rights, and understand the common defenses to claims of infringement or unfair competition; 8. Understand the various remedies available to address IP infringement or unfair competition in the United States, including civil and criminal proceedings and monetary and non-monetary remedies; 9. Discuss the public policy and societal value considerations behind modern IP rights and their limits.
Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book's thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial "nutshell" on the other hand. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn-along with a fourth part on chip protection-with detailed but concise examination and analysis of such issues and topics as the following and much more: subject matter of protection; conditions of protection; registration procedures; scope of exclusive rights; transfer of interests; fair use; rights in unregistered marks; protection of computer software, code, and databases; remedies and defenses; and procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis.
This completely revised and up to date Second Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or 'nutshell.' With its detailed citations, and readily accessible and complete subject coverage, this book will be a useful quick reference or deskbook for intellectual property practitioners, students, law professors, and librarians, as well as for anyone interested in understanding American intellectual property law.
This completely revised and up to date Fourth Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. The material has been completely updated and includes detailed discussion of the 2011 America Invents Act, as well as other pertinent developments in U.S. law It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or nutshell. With its detailed citations, and readily accessible and complete subject coverage, this book will be a useful quick reference or deskbook for intellectual property practitioners, students, law professors, and librarians, as well as for anyone interested in understanding American intellectual property law.
Patents; The Foundations of Patent Protection; The Subject Matter of Patents; Patentability -- Novelty and Statutory Bar; Patentability -- Utility; Patentability -- Non-Obviousness; Double-Parenting; Parenting Process; Infringement; Remedies; Patent Law and the Intersection of State and Federal Regulation; Trademarks; Foundations of Trademark Protection; Distinctiveness; Dilution and the Expansion of Trademark Doctrine; Loss of Trademark Protection and Partial Protection; Trademark Practice; Subject Matter; Infringement; Remedies; Copyright; Foundations of Copyright Protection; Subject Matter of Copyright; Exclusive Rights; Infringement; Fair Use; Ownership; Formal Requirements; Remedies; Copyright Laws and the Intersection of State and Federal Regulation.
An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
This completely revised and up to date Fifth Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. The material has been completely updated and includes detailed discussion of the 2011 America Invents Act, the Supreme Courte DEGREES--s Golan and Aereo decisions, as well as other pertinent developments in U.S. law. It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or e DEGREES nutshelle DEGREES.
Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.