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Business Law · College · College and University

Business Law: Intellectual Property Basics

Patents, trademarks, and copyrights as they apply to running a business.

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36 basic cards for College Business Law. Set 6 of 10 in Business Law. It opens with "What is a patent?" and "What are the three main types of U.S. patents?". Study it alongside the other College sets below.

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What is a patent?
Show answerA 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?
Show answerUtility patents, design patents, and plant patents.
How long does a utility patent last in the United States?
Show answer20 years from the filing date.
What are the three main requirements for a patent to be granted?
Show answerThe invention must be novel, non-obvious, and useful (or capable of industrial application).
What is prior art in patent law?
Show answerAll publicly available information about an invention that existed before the patent application filing date.
What is patent infringement?
Show answerMaking, 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?
Show answerInjunctive relief (court order to stop the infringement) and monetary damages.
Can natural phenomena, abstract ideas, or laws of nature be patented?
Show answerNo. They are not patentable subject matter.
What does the first-to-file rule mean in U.S. patent law?
Show answerThe 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?
Show answerAn entity that acquires patents primarily to assert them in litigation rather than to develop or commercialize the technology.
What is a defensive patent?
Show answerA patent obtained not to commercialize but to defend against infringement claims or to cross-license.
Can a patent be licensed to others?
Show answerYes. A patent owner can license the patent to other parties for a fee or royalty.
What is the process of obtaining a patent called?
Show answerPatent prosecution. The applicant files an application and works with the U.S. Patent and Trademark Office (USPTO) to secure approval.
What is a trademark?
Show answerA 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?
Show answer10 years, and it can be renewed indefinitely for additional 10-year periods as long as the mark is still in use.

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