CRIMINAL LIABILITY

ENFORCED BY THE STATE RESULTING IN:

A. FINES/PENALTIES
B. IMPRISONMENT
1. TORT
2. STATUES
3. CONTRACTS

• CIVIL LIABILITY MAY ARISE FROM

1. LIBEL
2. SLANDER
3. NEGLIGENCE
4. NUISANCE
• INSTANCES OF TORT
1. REAL
2. PERSONAL
3. EASEMENTS
4. INTELLECTUAL
• TYPES OF PROPERTY
1. PUBLIC LIABILITY POLICY
2. PRODUCT LIABILITY POLICY
3. AUTOMOBILE LIABILITY

• LIABILITY POLICIES
TORT

• IN ____ THERE IS NO PRIVITY BETWEEN PARTIES AND THE DUTY BREACHED AFFECT THE SOCIETY AT
LARGE
PATENT AND TRADEMARK OFFICE

• PART OF DEPARTMENT OF COMMERCE

• ADMINISTERS THE PATENT LAWS AS THEY RELATE TO THE GRANTING OF PATENTS FOR INVENTIONS
• EXAMINES APPLICATIONS FOR PATENTS
LIABILITY

• RESPONSIBILITY OR ACCOUNTABILITY TO PAY.

PATENT

• GRANT OF A PROPERTY RIGHT TO THE INVENTOR

NEGLIGENCE
• ABSENCE OF CARE: IT CAN BE ESTABLISHED WHEN:
• EXISTENCE OF DUTY OF CARE TOWARDS THIRD PARTY
• BREACH OF THAT DUTY LEADS TO AN ACCIDENT
• SUCH ACCIDENT RESULTED IN INJURY OR DAMAGE TO PROPERTIES
• CASUAL CONNECTION BETWEEN BREACH AND THE INJURY OR DAMAGE
1. PROCESS
2. MACHINE
3. MANUFACTURE
4. COMPOSITION OF MATTER
• PATENTABILITY
1. UTILITY
2. NOVELTY
3. NON-OBVIOUSNESS
4. THREE LEG STOOL
• CONDITIONS OF PATENTABILITY
PLANT PATENTS

• ANY NEWLY DISCOVERED AND ASEXUALLY REPRODUCED, DISTINCT AND NEW VARIETY OF PLANT,
INCLUDING CULTIVATED SPORTS, MUTANTS, HYBRIDS, AND NEWLY FOUND SEEDLINGS
NOVELTY

• MUST NOT BE KNOWN OR USED BY OTHERS IN THIS COUNTRY

• OR PATENTED OR DESCRIBED IN A PRINTED PUBLICATION IN THIS OR A FOREIGN COUNTRY
PATENT INFRINGEMENT

• UNAUTHORIZED MAKING, USING, OFFERING FOR SALE OR SELLING ANY PATENTED INVENTION WITHIN THE
UNITED STATES
CIVIL LIABILITY

• CASE MADE BY AN INJURED PARTY AGAINST THE WRONG DOER RESULTING IN:
DAMAGES IN MONITORY
TERMS .
1. LITERARY
2. MUSICAL
3. PICTORIAL
4. DRAMATIC
• SCOPE OF COPYRIGHT PROTECTION
PROVISIONAL PATENT APPLICATION

• DESIGNED TO PROVIDE A LOWER COST FIRST PATENT FILING IN THE UNITED STATES
• PERMITS THE TERM “PATENT PENDING”
• APPLICANT WOULD THEN HAVE UP TO TWELVE MONTHS TO FILE A NON-PROVISIONAL APPLICATION FOR
PATENT
UTILITY

• SUBJECT MATTER HAS A USEFUL PURPOSE AND ALSO INCLUDES OPERATIVENESS

• INVENTION MUST "WORK" TO BE USEFUL.
NON-OBVIOUSNESS

• THE SUBJECT MATTER SOUGHT TO BE PATENTED MUST BE SUFFICIENTLY DIFFERENT FROM WHAT HAS
BEEN USED OR DESCRIBED BEFORE
DESIGN PATENTS

• PROTECTS ONLY THE APPEARANCE OF AN ARTICLE, NOT ITS STRUCTURAL OR FUNCTIONAL FEATURES
14 YEARS

• DESIGN PATENT HAS A TERM OF ______ FROM GRANT

TRADEMARKS

• USED TO PREVENT OTHERS FROM USING A CONFUSINGLY SIMILAR MARK

• NOT TO PREVENT OTHERS FROM MAKING THE SAME GOODS OR FROM SELLING THE SAME GOODS OR
SERVICES UNDER A CLEARLY DIFFERENT MARK
• REGISTRATION GRANTED FOR 10 YEARS
1. REPRODUCE
2. DERIVATIVE WORKS
3. DISTRIBUTE COPIES
4. PERFORM
5. DISPLAY
• COPYRIGHT PROTECTION
• AUTHOR AND AGENT HAVE EXCLUSIVE RIGHTS TO:
TRADEMARK, SERVICEMARK, REGISTERED,
COPYRIGHT SYMBOL

• TM
• SM
•®
•©
EXAMINING ATTORNEY

• _______ AT THE PTO REVIEWS THE APPLICATION AND DETERMINES WHETHER THE MARK MAY BE
REGISTERED
12 WEEKS

• TRADEMARK REGISTRATION, CERTIFICATE OF REGISTRATION _____ AFTER PUBLICATION

COPYRIGHTS
• PROTECTS THE FORM OF EXPRESSION RATHER THAN THE SUBJECT MATTER OF THE WRITING
• DURATION IS LIFE + 70 YEARS
• FORM OF PROTECTION PROVIDED TO THE AUTHORS OF “ORIGINAL WORKS OF AUTHORSHIP"
SERVICEMARK

• ________ IS THE SAME AS A TRADEMARK EXCEPT THAT IT IDENTIFIES AND DISTINGUISHES THE
SOURCE OF A SERVICE RATHER THAN A PRODUCT.