IP BASICS

How should I follow a blog posting that netted record hits for this blog and ride the momentum into tomorrow?  Sadly, I don’t know.  In looking at legal news for the day, Blago does not dilate my pupils even one nanometer and I am not sure I can control my emotions over the recent executions by the Taliban.  Therefore, I will just stick with my original manifesto of providing information and answers. 

I am a little late for a Bilski discussion, so want to address some basic IP concepts. 

Copyright is an exclusive right granted to the author of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, that includes the right to copy, distribute, and adapt the work.  The copyright protects the form of expression, not the subject matter of the work.

A trademark is a distinctive word, symbol, or device used in commerce to identify the source of the goods and to distinguish them from the goods of others.  A servicemark is a trademark that identifies and distinguishes the source of a service rather than a product.  Trademark/Servicemark rights may be used to prevent others from using a confusingly similar mark.

A patent grants an inventor “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.  Contrary to common belief, a patent does not grant the right to make, use, offer for sale, sell, or import.

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