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Intellectual Property News
Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)
There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:
There are variations of temporary placeholders for patents and inventions.
Provisional applications can be temporary placeholders that allow inventors to file inexpensively and also without a formal patent claim, declaration or oath.
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Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.
Prior Art
Definition:
The existing body of technological information against which an invention is judged to determine if it can be patented as being a novel and nonobvious invention.
Descriptive Term
Definition:
Is not considered to be inherently distinctive; to establish validity for registration or protection in court, it needs proof of acquired distinctiveness
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