Sold Out
Book Categories |
Foreword | xix | |
Introduction | xxiii | |
Horror Stories--Tales of the Unwary | 1 | |
The Basic Categories of Intellectual Property | 9 | |
Information, Data, and Know-How | 10 | |
Inventions | 11 | |
Industrial Designs | 12 | |
Patents | 12 | |
Utility Models (Petty Patents) | 13 | |
Copyrights | 13 | |
Mask Works | 13 | |
Trademarks, Reputation, and Goodwill | 13 | |
Character Trademarks and Sponsorship | 14 | |
Trade Dress | 14 | |
An Overview of the Basic Protection Mechanisms | 15 | |
Putting It in Perspective | 16 | |
Trade Secret Protection | 39 | |
Scope of Protection | 40 | |
Procedure for Maintaining a Trade Secret | 41 | |
Exploiting Trade Secrets | 43 | |
Special Considerations with Respect to Software Developments | 44 | |
Mass Marketing of Software | 46 | |
Utility Patent Protection | 49 | |
Exclusive Right | 52 | |
Patentable Subject Matter: Applicability to Software Inventions and Business Methods | 54 | |
Abstract Ideas or Information | 54 | |
Natural Phenomena; Things Unaltered from a Natural State | 55 | |
Laws of Nature | 55 | |
Requisites for Patentability | 60 | |
Statutory Bars | 60 | |
Prior Public Knowledge | 61 | |
Premature Disclosure or Sale | 63 | |
Patented | 64 | |
Described in a Printed Publication | 64 | |
Public Use | 64 | |
On Sale | 66 | |
Strict Novelty in Most Foreign Countries | 69 | |
Abandonment | 70 | |
Corresponding Foreign Patent Applications | 70 | |
Actual Inventor | 71 | |
First to Make the Invention | 73 | |
Obviousness | 77 | |
Personal Prior Inventor Defense with Respect to Business Method Patents | 78 | |
The Patent Application | 79 | |
Continuation Applications | 80 | |
Divisional Applications | 80 | |
Continuation-in-Part Applications | 81 | |
Provisional Applications | 81 | |
Contents of an Application | 83 | |
1. | Title of the Invention | 83 |
2. | Cross-References to Related Applications | 83 |
3. | Background of the Invention | 84 |
4. | Summary of the Invention | 84 |
5. | Brief Description of the Drawing | 84 |
6. | Detailed Description of the Preferred Embodiment | 84 |
7. | The Claims | 86 |
8. | Abstract of the Disclosure | 87 |
9. | The Declaration and Power of Attorney | 87 |
Information Disclosure Statement | 87 | |
Filing the Application with the Patent Office | 88 | |
Prosecution Before the Patent Office | 89 | |
"Patent Pending" | 90 | |
Enforcing a Patent | 90 | |
Remedies for Patent Infringement | 92 | |
Post-Issuance Actions | 94 | |
Reexamination | 94 | |
Advantages of Obtaining a Patent | 96 | |
Ownership of a Patent | 96 | |
Design Patent Protection | 99 | |
Copyright Protection | 101 | |
Copyrightable Subject Matter | 103 | |
Copying Required | 106 | |
The Fair Use Limitation | 107 | |
Playing Background Music and Nondramatic Performances | 108 | |
Practical Considerations with Respect to Software Works | 109 | |
Right to Make Archival and Transitory Copies | 112 | |
Fair Use As Applied to Computer Programs | 113 | |
Publication | 113 | |
Notice | 113 | |
Term | 114 | |
Deposit with Library of Congress | 115 | |
Registration | 115 | |
Procedure for Obtaining a Registration | 115 | |
Enforcing a Copyright | 117 | |
Remedies for Copyright Infringement | 120 | |
Ownership of a Copyright | 121 | |
Trademark Protection | 125 | |
Acquiring Rights | 126 | |
Application Based on "Intent to Use" | 127 | |
The Strength of a Mark | 128 | |
Unprotectable Generic Marks | 128 | |
Descriptive Marks | 128 | |
Suggestive Marks | 129 | |
Fanciful and Arbitrary Marks | 129 | |
Choosing a Mark | 130 | |
"Confusingly Similar" | 131 | |
"Dilution" | 132 | |
"Cybersquatting" | 134 | |
Federal Registration | 134 | |
Principal Register | 135 | |
Supplemental Register | 137 | |
Secondary Meaning | 138 | |
Concurrent Registrations | 138 | |
Registering a Trademark | 138 | |
Contesting Registration: Opposition and Cancellation Proceedings | 142 | |
Trademark Marking | 143 | |
Post-Registration Actions | 144 | |
Term of the Registration | 144 | |
Maintaining Trademark Rights | 145 | |
Practical Considerations with Respect to Software Goods | 145 | |
Enforcing Trademark Rights | 146 | |
Remedies for Infringement | 147 | |
Mask Work Protection | 149 | |
Protectable Subject Matter; Requisites for Protection | 150 | |
Scope of Protection | 151 | |
Notice | 152 | |
Term; Registration | 153 | |
Enforcement; Remedies | 153 | |
Practical Considerations | 154 | |
Comparison of the Protection Mechanisms | 155 | |
The Internet and Your Intellectual Property | 161 | |
Internet Basics | 166 | |
The Physical System | 166 | |
The World Wide Web | 168 | |
Internet Addresses, URLs, and Search Engines | 169 | |
The Domain Name System | 171 | |
Registering a Domain Name | 174 | |
"Cybersquatting" | 176 | |
Trademark or IP Rights | 176 | |
Existing Relationship to the Domain Name | 176 | |
Manner in Which the Defendant Uses the Mark in the Web Site | 177 | |
Trafficking in Domain Names | 177 | |
The Strength of Your Mark | 177 | |
ICANN "Uniform Domain Name Dispute Resolution Policy" | 178 | |
Procedures | 181 | |
Suggested Procedures for Securing and Maintaining Rights in Technology | 183 | |
Employee Nondisclosure and Non-Use Agreements | 183 | |
Preliminary State-of-the-Art Investigation | 183 | |
Initially Keep R&D As a Trade Secret | 184 | |
Maintaining Documentation | 184 | |
Timely Consideration of Patent Protection | 185 | |
Infringement Clearance Procedure | 185 | |
Keeping Accurate Records of Development | 187 | |
The Need for Keeping Accurate Records | 187 | |
Development and Government Contracts | 187 | |
License Agreements | 188 | |
Confidentiality and Non-Use Agreements | 188 | |
Prior Development | 189 | |
The Two-Step Process Of "Making An Invention" | 190 | |
Record-Keeping Procedures | 190 | |
Preliminary Concept Report Form | 191 | |
Notebooks | 191 | |
Time Records | 193 | |
Conclusion | 193 | |
Suggested Procedures for Securing and Maintaining Rights in Trademarks | 195 | |
Choice of a Mark | 195 | |
Use of a Mark As a Source Indicator | 195 | |
General Rules | 196 | |
Procedures for Avoiding Potential Infringement of Third-Party Intellectual Property Rights | 199 | |
Avoiding Infringement of Third-Party Trade Secret Rights | 199 | |
Avoiding Infringement of Third-Party Patents | 200 | |
Avoiding Infringement of Third-Party Copyrights | 201 | |
Avoiding Infringement of Third-Party Trademark Rights | 202 | |
Avoiding Infringement of Third-Party Mask Work Registrations | 203 | |
Making Sure You Own What You Pay For | 205 | |
Rights Relating to Know-How of Employees | 206 | |
Nonproprietary Know-How | 207 | |
Proprietary Know-How | 208 | |
Ownership of an Invention | 208 | |
Recording of Assignments, Grants, and Conveyances | 209 | |
Ownership of a Copyright | 210 | |
Assignment of Copyrights | 211 | |
Ownership of Rights in Trademarks | 212 | |
Agreements Are the Best Defense | 213 | |
Putting It in Perspective (An All-Too-Real Hypothetical) | 213 | |
Overview and Comparison of Agreements Affecting Intellectual Property Rights and Liabilities | 221 | |
Agreements Regarding Transfers of Rights | 223 | |
Assignments | 223 | |
License Agreements: In General | 224 | |
Patent Licenses | 225 | |
Know-How Licenses | 226 | |
Trademark Licenses | 226 | |
Franchise Agreements | 227 | |
Technical Services and Assistance Agreements | 227 | |
Hybrid License Agreements | 227 | |
Agreements Regarding Internal Relationships | 229 | |
Employee Agreements As to Confidentiality and Ownership of Intellectual Property | 229 | |
Noncompetition Agreements | 230 | |
Agreements Regarding Third-Party Business Relationships | 231 | |
Confidentiality Agreements | 231 | |
Consulting and Development Agreements | 232 | |
Maintenance and Support Agreements | 233 | |
Manufacturing Agreements | 233 | |
Joint Ventures | 233 | |
Agreements Regarding Sales and Market Relationships | 235 | |
Purchase Agreements | 235 | |
Distribution Agreements | 236 | |
VAR and OEM Agreements | 237 | |
Some Basic Considerations in Negotiating Agreements | 239 | |
The Principle of Reasonableness | 239 | |
The Principle of Definiteness | 239 | |
The Principle of Completeness | 240 | |
The Periodic Intellectual Property Audit | 241 | |
Conclusion | 243 | |
Appendix | Comparison of U.S. Intellectual Property Protection Mechanisms | 245 |
Notes | 247 | |
About the Author | 273 |
Login|Complaints|Blog|Games|Digital Media|Souls|Obituary|Contact Us|FAQ
CAN'T FIND WHAT YOU'RE LOOKING FOR? CLICK HERE!!! X
You must be logged in to add to WishlistX
This item is in your Wish ListX
This item is in your CollectionProtecting Your #1 Asset : Creating Fortunes from Your Ideas
X
This Item is in Your InventoryProtecting Your #1 Asset : Creating Fortunes from Your Ideas
X
You must be logged in to review the productsX
X
X
Add Protecting Your #1 Asset : Creating Fortunes from Your Ideas, Since failing to know the rules can lead to disaster, this book will familiarize readers with the basics they need for protecting their company's critically important rights involving copyright, patents, trademarks, and all other aspects of intellectual p, Protecting Your #1 Asset : Creating Fortunes from Your Ideas to the inventory that you are selling on WonderClubX
X
Add Protecting Your #1 Asset : Creating Fortunes from Your Ideas, Since failing to know the rules can lead to disaster, this book will familiarize readers with the basics they need for protecting their company's critically important rights involving copyright, patents, trademarks, and all other aspects of intellectual p, Protecting Your #1 Asset : Creating Fortunes from Your Ideas to your collection on WonderClub |