BUS-L - Business BUS-L 203 Lecture Notes - Lecture 8: Copyright Term, Independent Contractor, Substantial Similarity
12 Aug 2016
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Patent granted from federal government to an inventor in which inventor obtains exclusive right to make, use, and sell his invention for a period of 20 years (14 years for designs) A patent will not be issued if more than 1 year before patent application the invention was patented elsewhere, described in a printed publication, or in public use or on sale in the united. Inventor sold patented item on april 8, 1981. Inventor applied for patent on april 19, 1982. More than one year passed, thus the patent was invalid. Even though an invention fits one of the categories, it is not patentable if it lacks novelty, is obvious, or has no utility. Infringement occurs when defendant makes, uses, or sells patented invention without patentee"s authorization. Infringement established by literal infringement or doctrine of equivalents. Whether alleged infringers subject matter performs substantially same function as protected invention in substantially same way for same result.
