| Plant Variety Protection Act |
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| United States patent law has provided patent protection for new varieties of asexually reproduced plants since the 1930s. Congress passed the Plant Variety Protection Act (PVPA) in 1970 to "encourage the development of novel varieties of sexually reproduced plants and to make them available to the public." More... |
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| Color as Trademark Subject Matter |
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| Under the Lanham Act "any word, name, symbol or device" may be eligible for trademark registration. Courts have differed as to whether or not the law recognizes the use of color alone as a trademark because the Lanham Act does not specifically mention color. For many years the general rule had been that color would not be given trademark significance because of the limited number of colors available, unless the color was employed as an element of a distinctive design. More... |
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| Right to Perform Copyrighted Work |
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| Under the Copyright Act, to perform a copyrighted work means "to recite, render, play, dance, or act it, either directly or by means of any device or process." "Performing" a motion picture or other audiovisual work means "to show its images in any sequence or to make the sounds accompanying it audible." The Copyright Act defines the term "publicly perform" to mean "to perform or display [a copyrighted work] at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." "To perform or display" includes to broadcast to such place open to the public. Therefore, performances in concert halls, theaters, restaurants, bars, nightclubs, and other common public facilities are covered by the exclusive right of performance, whether the performance is live or broadcast to the public place, while the viewing of a movie in a private home is not a public performance and thus is not covered by the right of performance. More... |
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| Trade Names |
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| The term ''trade name'' means any name used by a person to identify his or her business or vocation. ''Trade name'' refers mainly to the corporate, partnership, or other name of a business. The business may, in turn, market goods or services under one or more trademarks or service marks. More... |
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| The Doctrine of Equivalents |
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| When a patent is applied for, the inventor must include a specification, which is a written description of the invention, the manner and process by which the invention is made, and the manner and process by which the invention is used. A specification concludes with a claim or claims that particularly point out and distinctly claim the subject matter that the applicant asserts to be the invention to be patented. One of the purposes of claims is to put the public on notice as to what inventions have been patented and may not be patented again. Therefore, the language of claims are exceedingly important in a patent application because, in the event of a patent dispute, the language of the claims will define the scope of the patent protection. Ordinarily, even if patentable, any part of the invention that is not included in the claims will not receive patent protection. Each claim must conform to the description of the invention set out in the specification. More... |
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