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Chapter 18

MCS 3040 Chapter Notes - Chapter 18: Sole Proprietorship, Patent Attorney, Cybersquatting


Department
Marketing and Consumer Studies
Course Code
MCS 3040
Professor
Joseph Radocchia
Chapter
18

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Chapter 18
Intellectual Property
Introduction
Intellectual Property: The results of the creative process, such as ideas, the expressions of ideas, formulas,
schemes, trademarks etc. Also this refers to the protection attached to ideas such as patent, copyright,
trademark, industrial design etc.
Creation of Intellectual Property Rights
Patents
Patent: A monopoly to make, use or sell an invention
Patents defined
The patent act defines an invention as “any new and useful art, process, machine, manufacture or composition
of matter or any new useful improvement in any art, process, machine manufacture or composition of matter”
Exclusions from Patent Protection
Exceptions sometimes include…
Things that receive protection under other areas of the law
Things that don't meet the definition of a patent
Things that aren’t patentable for policy reasons (eg. methods of medical/surgical treatment)
Requirements for Patentability
Not all inventions are patentable and new inventions will only be so if they are new, useful and unobvious
NEW
The invention must be new or novel
Any invention that has been publically disclosed, publically use, or sold prior to filing out a patent
renders an invention “old”
USEFUL
An invention must solve a practical problem & must actually work
UNOBVIOUS
It must be inventive and unobvious
Testing this is hard b/c it involves ascertaining the state of the art or knowledge prior to the invention
and analyzing it
Patent Protection & Application
Patent protection doesn't arise automatically, an application for patent must be filled out with the
Canadian Patent Office
Timing of the application is important b/c it is first-to-file system
The inventor is generally the 1st owner of the invention and thus the person entitled to apply for the
patent
The patent act doesn't contain specific provisions for the ownership of inventions created by
employees in the course of employment
Employee is generally an owner except sometimes
Prep of a patent is usually done by a patent agent
Patent Agent: A pro trained in patent law and practice who can assist in the prep of a patent application
Application has 2 main parts…
1. Specifications: The description of an invention contained in patent
2. Claims: The exclusive rights of the patent holder
The application is examined by patent officer to ensue the invention hasn't already been invented and
application complies with the patent act
If good the patent is issued upon payment of the required free
Registration lasts for 20 years
Patents exist only in the country in which the associations are made/granted
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