Patents, trademarks, and copyrights as they apply to running a business.
36 cards · basic cards · AI-written, checked twice. Edit anything.
- What is a patent?
- A government grant giving an inventor exclusive rights to make, use, or sell an invention for a limited time.
- What are the three main types of U.S. patents?
- Utility patents, design patents, and plant patents.
- How long does a utility patent last in the United States?
- 20 years from the filing date.
- What are the three main requirements for a patent to be granted?
- The invention must be novel, non-obvious, and useful (or capable of industrial application).
- What is prior art in patent law?
- All publicly available information about an invention that existed before the patent application filing date.
- What is patent infringement?
- Making, using, selling, or offering to sell a patented invention without the patent holder's permission during the patent term.
- What are the two main remedies for patent infringement?
- Injunctive relief (court order to stop the infringement) and monetary damages.
- Can natural phenomena, abstract ideas, or laws of nature be patented?
- No. They are not patentable subject matter.
- What does the first-to-file rule mean in U.S. patent law?
- The first person to file a patent application generally has priority rights to the invention, regardless of who invented it first.
- What is a patent troll?
- An entity that acquires patents primarily to assert them in litigation rather than to develop or commercialize the technology.
- What is a defensive patent?
- A patent obtained not to commercialize but to defend against infringement claims or to cross-license.
- Can a patent be licensed to others?
- Yes. A patent owner can license the patent to other parties for a fee or royalty.
- What is the process of obtaining a patent called?
- Patent prosecution. The applicant files an application and works with the U.S. Patent and Trademark Office (USPTO) to secure approval.
- What is a trademark?
- A symbol, word, phrase, design, or combination used by a business to identify and distinguish its goods or services from competitors.
- How long does a trademark registration last in the United States?
- 10 years, and it can be renewed indefinitely for additional 10-year periods as long as the mark is still in use.