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A patent applicant may include a copyright notice or mask work notice, but only if it also includes the following authorization, expressly permitting the reproduction of the patent: [9] A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection.
1) A copyright is held by default with the person whose name it was taken out in, regardless of potential conflicts with state law. 2) If a work contains a mixture of original and copyright infringing material, but it is so intermingled as to be inseparable, then the copyright holder may take all profits from the work.
United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
United States copyright law does not cover names, titles, short phrases or listings (such as ingredients, recipes, labels, or formulas). [79] However, there are protections available for those areas copyright does not cover, such as trademarks and patents.
This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. These marks were determined in court to have become generic.
Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or the extent of protection [ 68 ] is defined in the claims of the granted patent.
Intellectual property refers to intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions, trade secrets.
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