Intellectual Property Newsletter

Patent Originality

One of the requirements that a subject must fulfill in order to qualify for a design patent, is that it must be original to the inventor or inventors that are seeking protection. The U.S. design patent statute is found in Title 35 of the United States Code. The first part of Section 171 imposes four requirements for design patentability: novelty, originality, ornamentality, and the subject matter must be an article of manufacture. The originality requirement excludes from patentability any simulation of known objects, persons, or naturally occurring forms. The originality requirement also bars issuance of a design patent for a design derived from any source or person other than the individuals named as inventors. More...

Foreign and International Copyright

There is no such thing as an "international copyright" that automatically protects an author's works throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) and the Universal Copyright Convention (UCC). Generally, the works of an author who is a national or domiciliary of a country that is a member of these treaties or works first published in a member country or published within 30 days of first publication in a Berne Union country may claim protection under them. More...

The Technology, Education and Copyright Harmonization Act of 2002

The Technology, Education and Copyright Harmonization Act of 2002 (TEACH) outlines which uses of copyrighted materials in an educational setting are legally permissible, amending part of the 1976 U.S. Copyright Act so that it applies to distance education conducted virtually through online classrooms. It sets a standard for use of copyrighted materials in online, virtual classrooms that differs from use of such materials in a physical classroom. Under TEACH, teachers employed by an accredited, nonprofit educational institution are granted specific liberties, in addition to fair use, when using digital materials to teach in a virtual setting.More...

Slogans as Trademark Subject Matter

Slogans, which are catch phrases used mainly in advertising and promotion, qualify for legal protection and federal registration if they are used and function as trademarks. Nothing in the Lanham Act disqualifies them from protection, but they must signify the source of the goods or services and distinguish them from the goods or services of others to be eligible.More...

Exclusive Rights in Copyright

The Copyright Act grants five exclusive rights to the owner of an original work. Together these rights comprise the bundle of rights known as copyright. These exclusive rights are different from the rights given to a person who merely owns a copy of the work. The fact that a particular use of a copyrighted work is said to implicate one or more of the rights does not necessarily mean that such use is an infringement or unlawful. The exclusive rights of a copyright owner include the following:More...