Intellectual Property

Overview

Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.

The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.

Patents, copyrights and trademarks, as well as trade secrets, are often collectively referred to as intellectual property. Intellectual property refers to expressions that are products of the mind or intellect, which become the property of the creator in the same way that tangible objects are property of the owner. The exclusive rights conferred by intellectual property laws can generally be transferred, licensed, or mortgaged to third parties as with other forms of property. Certain forms of IP rights require registration to be enforceable, while others do not.

Within IP law falls copyright, a form of protection granted to the authors of "original works of authorship" which grants legal rights over creative and artistic works--both published and unpublished--such as paintings, music, books, photographs, films, and software. The 1976 Copyright Act gives a copyright holder the exclusive right to control reproduction, display, performance, and adaptation of such works for specific periods of time.

Patents also fall under the IP law umbrella. The United States Patent and Trademark Office (USPTO) issues three types of patents (1) utility patents on new, useful non-obvious inventions, (2) design patents for new, original and ornamental designs for articles of manufacture, and (3) plant pantents for the discovery and asexual reproduction of any distinct variety of plant. If the USPTO issues a patent, the patent holder then has a property right in that invention and the right to prevent others from making, using, offering for sale, or selling it for a specific period of time.().

IP law encompasses trademarks and service marks as well. A trademark is a word, name, symbol or device used in trade with goods to indicate the source of the goods and to distinguish them from others' products. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

. A trade secret is secret information not available to the public relating to the commercial practices or proprietary knowledge of a business, which may be illegal to disclose.

Intellectual property laws vary worldwide, so that the acquisition, registration or enforcement these rights generally must be pursued or attained separately in each country. However, international treaties and conventions, such as the 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), have created more uniformity in the laws and facilitate some types of registration across multiple countries.

Hide Extended

Featured Cases

PA Advisors, LLC v. Google Inc. et al
Plaintiff PA Advisors, LLC allege that Defendants infringed no U.S. Patent No. 6,199,067 entitled "System and Method for Generating Personalized User Profiles and for Utilizing the Generated User Profiles to Perform Adaptive Internet Searches."
Texas Eastern District Court
Patent
Filed: November 2, 2007
Plaintiff: PA Advisors, LLC, PA Advisors, LLC, PA Advisors, LLC, PA Advisors, LLC, PA Advisors, LLC and others... Defendant: Google Inc., Google Inc., Google Inc., Yahoo! Inc., Yahoo! Inc. and others...
Last Docket Filed: February 9, 2010
(February 8, 2010)
Aloft Media, LLC v. Oracle Corporation et al
Texas Eastern District Court
Plaintiff
Filed: July 14, 2009
Plaintiff: Aloft Media, LLC Defendant: Oracle Corporation, Oracle USA, Inc., Yahoo! Inc., Google, Inc., Fair Isaac Corp. and others...
Last Docket Filed: February 5, 2010
(February 4, 2010)
The Author's Guild et al v. Google Inc.
Plaintiffs The Author's Guide. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.
New York Southern District Court
Copyright
Filed: September 20, 2005
Plaintiff: The Author's Guild, The Author's Guild, The Author's Guild, The Author's Guild, The Author's Guild and others... Defendant: Google Inc., Google Inc., Google Inc., Google Inc., Google Inc.
Last Docket Filed: February 5, 2010
(February 4, 2010)
Marvel Worldwide, Inc. et al v. Kirby et al
New York Southern District Court
None
Filed: January 8, 2010
Plaintiff: Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc., Marvel Worldwide, Inc. and others... Defendant: Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby
Last Docket Filed: February 5, 2010
(February 4, 2010)
Perfect 10 Inc v. Google Inc et al
Plaintiff Perfect 10 sued defendant Google Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Amazon.com Inc. et al. Additional Resources Ninth Circuit Opinion in Perfect 10 v. Google and Amazon.
California Central District Court
Copyright
Filed: November 19, 2004
Plaintiff: Perfect 10 Inc; Defendant: Google Inc, DoesCounter Claimant: Google Inc, Counter Defendant: Perfect 10 Inc
Last Docket Filed: February 4, 2010
(February 3, 2010)

More Featured Cases

Dockets

Pfizer Inc. et al v. Sandoz Inc.
Delaware District Court
Patent
Filed: February 9, 2010
Plaintiff: Pfizer Inc., Pfizer pharmaceuticals, llc, Pfizer Ireland Pharmaceuticals, Pfizer Limited, C.p. pharmaceuticals international c.v. Defendant: Sandoz Inc. Counter Defendant: Warner-Lambert Company, Warner-Lambert Company LLC, Pfizer Inc., Pfizer pharmaceuticals, llc, Pfizer Ireland Pharmaceuticals, Pfizer Limited, C.p. pharmaceuticals international c.v. and others...
(February 8, 2010)
Boston Restaurant Associates v. Gambino's Restaurant, Inc.
Massachusetts District Court
Trademark
Filed: February 9, 2010
Plaintiff: Boston Restaurant Associates Defendant: Gambino's Restaurant, Inc.
(February 8, 2010)
Sandoz Inc. v. Pfizer, Inc. et al
Delaware District Court
Patent
Filed: February 9, 2010
Plaintiff: Sandoz Inc. Defendant: Pfizer, Inc., Pfizer Ireland Pharmaceuticals, C.p. pharmaceuticals international c.v., Warner-Lambert Company, Warner-Lambert Company LLC
(February 8, 2010)
Flambeau, Inc. v. Wildgame Innovations, LLC et al
Wisconsin Western District Court
Patent
Filed: February 9, 2010
Plaintiff: Flambeau, Inc., Flambeau, Inc. Defendant: Wildgame Innovations, LLC, Wiley Outdoor Products, LLC
(February 8, 2010)
WOLFF et al v. KAHN et al
Pennsylvania Eastern District Court
Copyrights
Filed: February 9, 2010
Plaintiff: BRIAN R. WOLFF, INTERNATIONAL INTELLECTUAL PROPERTY, INC. Defendant: ALFRED KAHN, BRAINWORKS DESIGN GROUP, INC.
(February 8, 2010)

More Dockets

Legislation

Bill Introduced: S.Res.379 A resolution to express the sense of the Senate regarding the ...
A resolution to express the sense of the Senate regarding the protection of intellectual property rights for clean energy and environmental technology.
(December 15, 2009)
Bill Enacted: H.R.3288 Department of Transportation Appropriations Act, 2010
Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
December 16, 2009: Became Public Law No: 111-117.
(December 14, 2009)
Bill Introduced: S.2764 Satellite Television Extension and Localism Act of 2009
A bill to reauthorize the Satellite Home Viewer Extension and Reuathorization Act of 2004, and for other purposes.
(November 8, 2009)
Bill Introduced: H.R.3962 Affordable Health Care for America Act
To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes.
(October 28, 2009)
Bill Introduced: H.R.3777 Drug Price Competition Act of 2009
To amend the Federal Food, Drug, and Cosmetic Act to define the term "first applicant" for purposes of filing an abbreviated application for a new drug.
(October 6, 2009)

More Legislation

Regulations

Rule - Mandatory Deposit of Published Electronic Works Available Only Online
Copyright Office, Library of Congress
Rule
Mandatory Deposit of Published Electronic Works Available Only Online
,
3863-3870 [2010-1202]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. RM 2009-3] Mandatory Deposit of Published Electronic Works Available Only Online AGENCY: Copyright Office, Library of Congress. ACTION: Interim Rule. SUMMARY: The Copyright Office of the Library of Congress is adopting an interim regulation governing mandatory deposit of electronic works published in the United States and available only online. The regulation establishes that online-only works are exempt from mandatory deposit... [read document]
View Document | Download PDF
(January 24, 2010)
Proposed Rule - Rules of Practice before the Board of Patent Appeals and Interferences in Ex ...
Patent and Trademark Office
Proposed Rule
Rules of Practice before the Board of Patent Appeals and Interferences in Ex Parte Appeals
,
67987-68004 [E9-30402]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 41 [Docket No.: PTO-P-2009-0021] RIN 0651-AC37 Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Request for Comments on Potential Modifications to Final Rule and Notice of Roundtable During Comment Period AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Advance notice of proposed rule making; request for comments. SUMMARY: The United States Patent and... [read document]
View Document | Download PDF
(December 21, 2009)
Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access ...
Copyright Office, Library of Congress
Rule
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
,
55138-55139 [E9-25850]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2008-08] Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Interim rule. SUMMARY: The Librarian of Congress is extending, on an interim basis, the existing classes of works with respect to which the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall... [read document]
View Document | Download PDF
(October 26, 2009)
Rule - Changes in Requirements for Signature of Documents, Recognition of Representatives, etc.
Patent and Trademark Office
Rule
Changes in Requirements for Signature of Documents, Recognition of Representatives, etc.
,
54898-54912 [E9-25460]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Parts 2 and 11 [Docket No. PTO-T-2008-0021] RIN 0651-AC26 Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule . SUMMARY: The United States Patent and Trademark Office (``Office'') is revising the Trademark Rules of Practice to set forth... [read document]
View Document | Download PDF
(October 25, 2009)
Rule - Changes to Practice for Continued Examination Filings, Patent Applications Containing ...
Patent and Trademark Office
Rule
Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, etc.
,
52686-52691 [E9-24667]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2009-0049] RIN 0651-AC36 Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (Office) published a final rule in the Federal Register in August of 2007 to revise the... [read document]
View Document | Download PDF
(October 13, 2009)

More Regulations

Articles

The Appellations of Origin and the Reach of its Protection (La DenominaciÃ³n De Origen Y El ...
Revista La Propiedad Inmaterial, No. 13, 2009 Jose Luis Londono Fernandez affiliation not provided to SSRN Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
The Concept of the State Counsel About the Future Work and the Work Made for Hire Created Under ...
Revista La Propiedad Inmaterial, No. 13, pp. 105-118, 2009 Wilson Rafael RÃos affiliation not provided to SSRN Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
Consumer Investment in Trademarks
North Carolina Law Review, Vol. 88, No. 3, 2010, UNC Legal Studies Research Paper No. 1550271 Deborah R. Gerhardt University of North Carolina at Chapel Hill - School of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
Approximation to the Copyright History: Normative Antecedents (AproximaciÃ³n a La Historia Del ...
Revista La Propiedad Inmaterial, No. 13, pp. 59-104, 2009 Jhonny Antonio Pabon Cadavid affiliation not provided to SSRN Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
Impact of the Australia-US Free Trade Agreement on the Australian Medicines Regulation and Prices
Journal of Generic Medicines, Vol. 7, No. 1, pp. 18-29, 2010 Thomas Alured Faunce , Jimmy Bai and Duy Nguyen Australian National University , Australian National University - ANU College of Law and Australian National University - College of Medidine, Biology and the Environment Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)

News

More News

Blogs

More Blogs