WGU C713 Study Guide (V.3) Unit 4 (2022/2023) 100% Pass

WGU C713 Study Guide (V.3) Unit 4 (2022/2023) 100% Pass What is a patent? sole legal right to an invention and its profits What are three different types of patents? Utility patents: may be granted for machines, processes, articles of manufacture, or improvements. Design patents: granted for ornamental designs for articles of manufacture. Plant patents: cover inventions or discoveries of asexually reproduced plants. What types of things are not patentable? an idea, physical phenomena, laws of nature, abstract ideas and artistic works. How can genetically modified agricultural products be patented? they are useful, new and non-obvious. What are the procedures for obtaining a patent? fill out patent application, time consuming and expensive, many times done with a patent attorney. How would you describe 'shop right'? This is a right created by state courts on equitable grounds giving employers a nonexclusive royalty-free license to use any invention made by an employee on company time and with company materials How can suits for patent infringement arise? The patent holder may seek damages and an injunction against the infringer in federal court, requesting damages for royalties and lost profits as well. Even before being sued, the accused party may take the patent holder to court under the federal Declaratory Judgment Act, seeking a court declaration that the patent is invalid. The patent holder may sue a licensee for royalties claimed to be due, and the licensee may counterclaim that the patent is invalid. What is a copyright? the right to exclude others from using or marketing forms of expression. How long does a copyright last? life of author plus 70 years What are copyright licenses? a license that allows members of the public to view or use a copywriter work for free, or for a fee How would you describe copyright infringement? when someone uses a copyrighted work without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display, or perform the protected work, or to make derivative works What is 'fair use'? copying a work for purposes of commentary, criticism, news reporting, teaching, or research What is a trademark? any kind of name, logo, motto, slogan, device, sound, color, or look that identifies the origin of a particular good or service. Protected by the Lanham Act How would you describe 'Genericide'? if the trademark refers to a class of goods instead than the trademark no longer exists. EX: Ziploc. How are 'brands' different from 'trademarks'? all brands are trademarks, but not all trademarks are brands. What type of things can be trademarked? Words, color, sounds, shapes, What is trademark infringement? Whenever a trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed (used without authorization). What are the defenses of trademark infringement? 'marks are different and consumers wont be mislead', fair use, use of parody, free speech, comparative advertising. What are trade secrets? a secret process, formula, pattern, program, device, method, technique, or compilation used by a company in manufacturing its products How would you describe the Uniform Trade Secrets Act? provides a legal framework for improved trade secret protection.