1. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta 1

2. Patent Law Article I, Section 8 of the Constitution 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 2

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7. Protection Patents protect the underlying idea whereas copyrights protect only an expression (of an idea) e.g., Thomas Edison v. Joe Schmoe Patents last for 20 years (from date of filing) Patents protect from independent creation copyrights do not U.S. protects first to invent, not first to file Changes to first to file on March 16, 2013 7

8. § 101 Subject Matter Invention must be new and useful process machine manufacture, or composition of matter Can include “anything under the sun that is made by man.” Cannot include laws of nature, scientific principles, mathematical formulas 8

9. § 102 Novelty Cannot get a patent if the inventor did not himself invent the subject matter the invention was known or used by others in the U.S. or patented or described in a printed publication anywhere, or the invention was in public use or on sale in the U.S. more than one year prior to filing 9

10. § 103 Nonobviousness The differences between the invention and the prior art must not have been obvious at the time of invention to a person having ordinary skill in the art Example - cable ties 10

11. Sword or Shield Patents can be used offensively or defensively may be held like a trump card e.g., Amazon v. Barnes & Noble Patent holders may get greedy e.g., Compton’s Media, British Telecom 11

12. Opening of the Floodgates Software patents Business method patents State Street Bank & Trust (1998) 12

13. Trademark Law Combination of federal and state law Authority of federal law derives from regulation of interstate commerce Authority of state law derives from regulation of intrastate commerce 13

14. Protects Dual Interests Protects trademark owner’s interest in brand name value and good will Protects consumers from confusion 14

15. Trademarks can be … Words Phrases Symbols Sounds Colors Smells 15

16. 586 Intel learned that you cannot trademark numbers themselves Pentium can be trademarked You can trademark 7-Up Three-peat 16