Intellectual Property
| Patent Law |
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| It has been held by the United States Supreme Court that laws of nature, natural phenomena, and abstract ideas may not be the subject of a patent. The reasoning behind this rule is that laws of nature and abstract ideas are not created; rather, they exist independent of any person and are merely described by the person that discovers them. Included in the types of abstract ideas for which patents may not be obtained are mathematical formulae and algorithms, which are sets of steps or procedures designed to solve a problem.
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| Patent Claims and the Definiteness Requirement |
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| An applicant for a patent must include in the specification accompanying the application for the patent one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his or her invention. Patent claims serve two functions. First, they define the invention for the purpose of applying the conditions of patentability, the statutory bars, and the disclosure requirements. Second, they define the invention for the purpose of determining infringement. More... |
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| Gray Market Goods and Recordation with Customs |
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| Many products sold in the United States are imported. Imported goods pass into the stream of commerce in the United States via a port of entry where the goods are subject to inspection by the United States Customs Service (Customs). U.S. businesses constantly face the problem of counterfeit or piratical imports coming into the country being sold at lower prices, which erodes profits and may even damage the reputation of their products in the marketplace. U.S. law protects intellectual property owners from such imports. More... |
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| Copyrights and Fair Use |
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| A copyright is a property right granted by federal law to authors or creators of original works such as writings, art, music and sound recordings, performances, photographs, movies, and the like. The copyright holder has the exclusive right to reproduce or copy the work, distribute or sell the work, or perform or display the work publicly. The copyright holder may also authorize others to use the work in those same ways. More... |
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| The Audio Home Recording Act of 1992 |
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| The Audio Home Recording Act of 1992 (AHRA) is an amendment to the United
States Federal Copyright Act of 1976. It provides that parties who import or manufacture "digital audio recording devices and media" must make payments to the United States Copyright Office. These payments are meant to act as the royalties that those who have copyrighted music have presumably lost through the consumer use of digital audio recording devices. The royalty fees are invested in specific U.S. securities and then disbursed to copyright holders yearly through the U.S. Copyright Office
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