intellectual property

One-year rule

A statutory rule that requires a patent application to be filed within one year of public use of the invention, a sale of or offer to sell the invention, or any publication describing the invention. If the applicant fails to file a patent for their...

Online Copyright Infringement Liability Limitation Act

Title II of the Digital Millennium Copyright Act, the Online Copyright Infringement Liability Limitation Act, added Section 512 to the Copyright Act, providing four distinct safe harbors for online service providers. If the conduct of a service...

original work of authorship

To receive copyright protection, the work must be, among other things, an original work of authorship. 17 U.S.C § 102 offers examples of works of authorship. These are:

Literary works

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orphan works

An orphan work, according to the U.S. Copyright Office, is a work that is protected by copyright but whose copyright owner cannot be readily identified or located. Orphan works interrupt the creation of new work by compromising the users’...

parody

A parody takes a piece of creative work–such as art, literature, or film–and imitates it in an exaggerated, comedic fashion. Parody often serves as a criticism or commentary on the original work, the artist who created it, or something...

Patent

Overview

A patent grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. The U.S. Patent Act, 35 U.S.C. §§ 1 et seq., was enacted by Congress...

Patent and Trademark Office (PTO)

See: United States Patent and Trademark Office (USPTO)

An administrative agency under the U.S. Department of Commerce charged with overseeing and implementing the federal policy on intellectual property, specifically...

Patent applied for

Label given to a claimed invention while the Patent and Trademark Office examines the patent application. No protection from infringement exists until a patent is granted, but this label may be used to notify customers and competitors that a patent is...

patent claim

Definition from Nolo’s Plain-English Law DictionaryThe portion of a patent that establishes the legal boundaries of the invention -- that is, the exclusive rights of the owner. Patent claims are written in a formal style and precise terminology, and they...

patent claims

Definition from Nolo’s Plain-English Law DictionaryStatements included in a patent that describe (or recite) the structure of an invention in precise and exact terms, using a long-established formal style and precise terminology. Claims form the...

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