International Regulation Of Copyright Law Essay

of having to buy the book for themselves. While this is a noble act by the

A patent is a legal document giving inventors the property right to their own invention. A patent didn’t always mean the rights to an invention though. A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the patent is used only for the rights to your invention. Virginia Alexandrea from The United States Patent and Trademark Office wrote the article “General Information Concerning Patents” where she described what Patent rights include.

Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).

A patent gives the authority to deny people the right to use, make or sell the invention. You can only patent an invention if it is completely new and not an adaption of an invention already present in the market, and if it can be made or used.

A patent is a twenty year exclusive monopoly on the right to make, use and sell a qualifying invention. This legal monopoly is considered a reward for the time and effort expended in creating the invention. In return, the invention must be described in detail to the Patent Office, which publishes the information, thus increasing the amount of technological knowledge available to the public. To obtain a U.S. patent, an inventor must apply to the Patent Office and demonstrate that the invention is new (as compared to prior technology), useful, and "nonobvious." An invention is nonobvious if it is more than a trivial, obvious next step in the advance of the technology. Software patents can be extremely powerful economic tools. They can protect features of a program that cannot be protected under copyright or trade secret law. For example, patents can be obtained for ideas, systems, methods, algorithms, and functions embodied in a software product: editing functions, user-interface features, compiling techniques, operating system techniques, program algorithms, menu arrangements, display presentations or arrangements, and program language translation methods. Since patent rights are exclusive, anyone making, using or selling the

A patent is defined as “a document issued by a government office which describes an invention and creates a legal situation in which the patented invention can normally only be exploited - manufactured, used, sold, imported - with the authorization of the owner of the patent” (World Intellectual Property Organization). Thus, a patent is a form of intellectual property. Patent infringement occurs when the defendant has violated this intellectual property, by making, using, selling, offering to sell, or importing an infringing invention or its equivalent. “For a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device” (Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199, Fed. Circ. 1994).

Intellectual property laws help protect users works that they have created from being copied by others. There are different types of laws to protect in different way such as copyright laws to will protect ones work from being copied or others from profiting from it. We also have trademarks used for branding items such as brand names or logos and receive different levels of protection depending on where, how known the brand is, and what type of product or service it represents. Other types of laws that cover intellectual property are patent laws that cover products to be made and that are currently being made; Apple holds the patent for an iPhone so no one can go and make iPhones and sell them other than Apple.

In essence patents create a monopoly on a product or invention for a limited period of time (Lau & Johnson, 2013)

A patent is a right granted to a person or legal entity (corporation) giving them the exclusive right to their inventions for a period of 20 years. This protects the new inventions and prevents others from using the invention without necessary permission from the inventor or their employer. The inventor has a right to how the invention is made, and how it is been used. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. (Anon., 2016)

Chapter eight of Ethics and Technology: Controversies, Questions, and Strategies for Ethical Computing by Herman T. Tavani is about intellectual property disputes. Tavani defines intellectual property as an intangible form of property that is protected by a system of laws through which authors and inventors are given ownership rights over their creative works and inventions. There are four legal frameworks for protecting intellectual property. The first of these is copyright laws. Copyright laws protect authors. An author can also be an individual or an entity such as an organization or corporation. The first United States copyright law was created in 1790 and protected books, maps, and charts. As newer forms of media were developed, copy right protection has extended to them also. In 1980 copyright laws were amended to include computers, programs and databases that exhibit authorship. In order for something to be protected with copyright laws it must be original, nonfunctional, and also fixed in a tangible medium. The second legal framework is patents which protects individuals who create an invention or process. Patent laws require that inventions be useful, novel, and nonobvious. The third legal framework is trademarks. A trademark is a word, name, phrase or symbol that identifies a product or service. To qualify for a trademark the mark should be distinctive. The last legal framework for protection is a trade secret. A trade secret is highly valuable

Patents cover new inventions such as process, machine, manufacture, composition of matter, or any new and useful improvement to an existing invention . Patents represent a contract between an inventor and society. By granting 20 years market exclusivity, patents create the potential for inventors to generate high monetary returns on their successful innovations and discoveries. In exchange, the inventor provides a complete

A utility patent protects inventions such as machines, processes, and compositions of matter. In the United States, congress typically oversees the distribution of patents; however, state governments may also oversee and grant intellectual property rights to individuals if the request does not conflict with federal intellectual property laws and regulations. When inventors petition for utility patents to protect their creations, the inventions must meet specific criterion. The inventions must be functional, serviceable, original, and non-obvious. If the inventions meet the specific requirement than the applicant is granted the patent and its benefits.

A trademark alludes to the utilization of a symbol, name, mark, or signature, or gadget utilized as a means to separate an item from others its by demonstrating its origin. On the other hand, a patent alludes to inventions that concedes specific rights to the inventor of the item or product.

Intellectual property is described in most cases as an almost endless variety of property created by authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyrights, patents, and trademark laws. It is intended to encourage the development of science, art, and information by allowing certain property rights to all. These rights allow everyone to protect themselves from unauthorized use of their creations. Trademarks and service marks protect unique features of their creations that are associated with certain services or products.

Patents are rights enforceable by law. It is the protection given to the inventors for their invention. Patents are granted for specific period. By patenting an invention, individual restricts the exploitation of his/her patent by others on a commercial level. Invention must be new idea or solution and useful. It may be the development of new device, substance method or process. Thus, patent can be product patent or process patent. Process patent protects the patentee also against the goods if imported using that patented invention. Invention must be differentiated from discovery. However , patentable invention can be one discovered if it explains how it can be successfully employed in