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Overview of Intellectual Property Rights | |
Patents | p. 3 |
What Is a Patent and Why Apply for a Patent? | p. 3 |
Types of Patents and Applications | p. 4 |
Provisional Patent Applications | p. 7 |
The Patent Application Parts | p. 7 |
Claims | p. 8 |
Specification | p. 9 |
Inventorship | p. 10 |
When Should You Apply for a Patent Application? | p. 11 |
Patent Examination | p. 13 |
Continuing Applications | p. 13 |
Patentability Requirements | p. 15 |
Patentable Subject Matter | p. 15 |
Utility Requirement | p. 16 |
Novelty Requirement | p. 17 |
International Patent Rights | p. 21 |
Trade Secret Protection | p. 23 |
What Is a Trade Secret? | p. 23 |
Misappropriation of Trade Secrets | p. 26 |
Reverse Engineering of Trade Secrets | p. 28 |
Trademarks and Trade Dress | p. 29 |
What Is a Trademark? | p. 29 |
Brand Selection and Development | p. 31 |
Non-protectable Subject Matter | p. 33 |
Selecting a Trademark | p. 34 |
Brainstorming Phase | p. 34 |
Narrowing Phase | p. 34 |
Knockout Phase | p. 34 |
Clearance Search | p. 35 |
Obtaining an Opinion | p. 35 |
Protecting the Mark | p. 36 |
Common Law of Trademark | p. 36 |
Federal Trademark Protection | p. 37 |
State Registrations | p. 40 |
Maintaining Rights | p. 40 |
International Protection | p. 43 |
Copyrights | p. 47 |
Copyrightable Subject Matter and Scope of Protection | p. 47 |
Foods as Copyrightable Subject Matter | p. 47 |
Advertising, Marketing Materials, and Packaging | p. 48 |
Secret and Other Materials Including Recipes and Software | p. 49 |
Ownership/Authorship | p. 50 |
Works for Hire | p. 51 |
Jointly Authored Works | p. 51 |
Copyright Transfers: Assignment and Licensing | p. 52 |
Derivative Works | p. 53 |
Fair Use | p. 53 |
Registration Issues | p. 55 |
Domain Names | p. 59 |
Securing Intellectual Property in Domain Names | p. 59 |
Domain Name Disputes | p. 61 |
Intellectual Property Issues in Labeling and Marketing | p. 65 |
Governmental Controls Over Advertisements and Labeling | p. 65 |
Federal Trade Commission ("FTC") | p. 65 |
Food and Drug Administration ("FDA") | p. 67 |
US Department of Agriculture ("USDA") | p. 69 |
Alcohol and Tobacco Tax and Trade Bureau (TTB) | p. 69 |
State Regulation | p. 70 |
Governmental Controls Outside of the United States | p. 70 |
Non-Governmental Controls | p. 71 |
Comparative Advertising | p. 72 |
Implementing IP Practices and Procedures | |
Seven Basic Steps to Getting Started | p. 77 |
Confidential Disclosure or Non-Disclosure Agreements | p. 77 |
Assignment of Rights | p. 80 |
Employee Education | p. 81 |
Accurate Record Keeping | p. 82 |
Patents | p. 82 |
Trade Secrets | p. 83 |
Patent and Trademark Searches | p. 84 |
Patents | p. 84 |
Trademarks | p. 85 |
Decide on the Type of Protection Early in the Inventive Process | p. 85 |
Speak to an Intellectual Property Attorney | p. 85 |
Deciding Between Patent or Trade Secret Protection | p. 87 |
Developing and Managing an Intellectual Property Portfolio | p. 91 |
Developing an Intellectual Property Portfolio Strategy | p. 91 |
Identification of IP Assets | p. 91 |
Determining Whether the Identified IP Assets Are Core Assets | p. 92 |
Properly Allocating Corporate Resources to Core and Non-Core IP Assets | p. 92 |
Setting up a Program for Periodic Review of IP Assets | p. 93 |
Administrative Issues for Long-Term IP Portfolio Management | p. 94 |
Docket Management | p. 94 |
Ongoing IP Diligence: Protecting Rights and Pursuing Others | p. 95 |
Defending Your IP | p. 95 |
Leveraging IP Rights | p. 97 |
Enforcement and Infringement of Intellectual Property Rights | p. 99 |
Policing Your IP Rights | p. 99 |
Evaluating a Controversy Prior to Commencing Litigation | p. 101 |
Remedies and How to Achieve Them | p. 102 |
Injunctions | p. 102 |
Payment of Royalties | p. 102 |
Monetary Damages | p. 103 |
Settling Controversy Without Litigation | p. 103 |
Arbitration | p. 103 |
Mediation | p. 104 |
Litigation | p. 105 |
Selecting a Jurisdiction | p. 105 |
Causes of Action | p. 105 |
Preliminary Injunctions | p. 107 |
Discovery | p. 107 |
Summary Judgment | p. 108 |
Trial | p. 108 |
Costs | p. 109 |
Proceedings in the US Patent and Trademark Office | p. 109 |
Trademark Oppositions | p. 109 |
Patent Interference | p. 110 |
Patent Reexamination | p. 110 |
Licensing Intellectual Property Rights | p. 113 |
What Is an Intellectual Property License? | p. 113 |
Factors to Consider in an IP License | p. 114 |
Identification of Rights to be Licensed | p. 115 |
Restrictions | p. 115 |
Consideration | p. 116 |
Maintenance of IP Rights | p. 117 |
Other Terms | p. 118 |
Appendix A | p. 121 |
Appendix B | p. 125 |
Appendix C | p. 127 |
Appendix D | p. 129 |
Appendix E | p. 131 |
Index | p. 139 |
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The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.