Entrepreneur's Guide To Patents, Copyrights, Trademarks, Trade Secrets (Google eBook)

Front Cover
Penguin, Aug 3, 2004 - Reference - 336 pages
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Today, virtually all companies, artists, and innovators run the risk of losing their competititve edge-and big money-by not adequately safeguarding their intellectual property. Written by an expert in intellectual property law, this is the first book to address the full range of legal protections available-patents, copyrights, trademarks, trade secrets, and licensing-with innovative information you won't find elsewhere, including:

€ Legal landmines every successful entrepreneur must avoid
€ Business practices that can be
protected-but are often overlooked
€ Protecting your intellectual property on the Internet
€ What are your ideas and the rights to them really worth?
€ Why trade secrets are a powerful and under-utilized protection
€ Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs
€ How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!"
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a


  

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Contents

SUPPLEMENTARY REGISTRATION
RECORDING A CHANGE IN COPYRIGHT OWNERSHIP
A CONTRACT BETWEEN INVENTOR AND GOVERNMENT
WHAT CAN YOU PATENT?
CONCRETE APPLICATIONS VERSUS ABSTRACT IDEAS
INVENTIONS OF AESTHETIC VALUE
PATENTING COMPUTER PROGRAMS
BUSINESS METHOD PATENTS

COOPTING COPYRIGHT TO PREVENT SPAM
THE MUSIC INDUSTRY SINGS ITS OWN TECHNOLOGY TUNE
COPYRIGHT GOES TO HOLLYWOOD
WALMART SHOPS ITS LITIGATION OPTIONS
THE POWER AND PURPOSE OF A TRADEMARK
WHAT CONSTITUTES A VALID TRADEMARK?
HOW TO ACQUIRE TRADEMARK PROTECTION
LOCATION LOCATION TRADEMARKS AND GEOGRAPHICAL FACTORS
CATEGORIES OF TRADEMARKS
THE ENTIRE LOOK
TYPES OF PROTECTIONS
PROBLEMS WITH CONFUSINGLY SIMILAR TRADEMARKS
LOSING YOUR MARK THROUGH MISUSE
INTERNATIONAL PROTECTIONS
TEN TRADEMARK TIPS FOR SELECTING AND MAINTAINING A MARK
PREREGISTRATION CONSIDERATIONS
A THREESTAGE APPROACH
THE APPLICATION PROCESS
A CHECKLIST
WHAT HAPPENS TO APPLICATIONS AFTER YOU FILE THEM?
RESPONDING TO A REJECTION OR OBJECTION
SPECIAL ISSUES
MAINTAINING YOUR REGISTRATION
DUELING DOMAIN NAMES
THE FEDERAL CYBERSQUATTING STATUTE
REGISTRATION OF DOMAIN NAME MARKS WITH THE PTO
WHATS CREATIVE EXPRESSION?
ONLY THE EXPRESSIVE ELEMENTS GET PROTECTION
FACTS ARENT COPYRIGHTABLE
WHATS PROTECTED?
ORIGINALITY AND FIXATION
GETTING COPYRIGHT PROTECTION FOR YOUR WORK
THE RIGHTS YOU GET WITH A COPYRIGHT
HOW LONG DO COPYRIGHTS LAST?
PENALTIES FOR COPYRIGHT INFRINGEMENT
WHATS THE REAL PURPOSE OF COPYRIGHT PROTECTION?
THE DOCTRINE OF INDEPENDENT CREATION
THE UTILITY DOCTRINE
THE DOCTRINE OF FAIR USE
THE FIRST SALE DOCTRINE
HOW DEEP DO THE DOCTRINES GO?
A THREEPART TEST
POLICING YOUR COPYRIGHT
GETTING PERMISSION TO USE SOMEONE ELSES WORK
THE ADVANTAGES OF REGISTERING SOONER OR LATER
FILLING OUT THE FORMS
USING THE COPYRIGHT NOTICE
RESEARCHING EXISTING COPYRIGHTS
ALTERING LIFEFORMS
CAN A PLANT BE INVENTED?
WHAT RIGHTS DOES A PATENT GIVE YOU?
THE RIGHT OF SUPPRESSION
PUBLISHING INFORMATION ABOUT YOUR INVENTION
PLAYERS IN THE PATENT PROCESS
CONDUCTING A THOROUGH SEARCH FOR PRIOR INVENTIONS
FILING THE PATENT APPLICATION
SOME SPECIAL TYPES OF PATENT APPLICATIONS
PROSECUTING YOUR PATENT APPLICATION
WHAT TO DO IF YOUR APPLICATION IS REJECTED
SURVIVING THE DREADED PATENT INTERFERENCE PROCESS
CARE AND MAINTENANCE OF YOUR PATENT
ADDITIONAL NOTES ABOUT DESIGN PATENT APPLICATIONS
ACTIVITIES THAT CONSTITUTE PATENT INFRINGEMENT
UNFAIR COMPETITION
IS SOMEONE REALLY INFRINGING YOUR PATENT?
REMEDIES FOR INFRINGEMENT
IMPORTANT CONSIDERATIONS PRIOR TO FILING SUIT
STATUTE OF LIMITATIONS AND THE NEED TO ACT PROMPTLY
YOUR BURDEN OF PROOF
THE NEW ROLE OF JUDGES AND JURIES
ARBITRATION AS AN ALTERNATIVE
DRAFTING A COMPLAINT FOR PATENT INFRINGEMENT
INSURING YOUR PATENT
DEFENDING YOURSELF IF YOURE ACCUSED OF INFRINGEMENT
WHY DO WE HAVE TRADE SECRET PROTECTION?
SPECIAL LAWS PROTECTING TRADE SECRETS
WHAT IS A TRADE SECRET?
COMPARING PATENT AND TRADE SECRET PROTECTIONS
SECURING YOUR TRADE SECRETS
LITIGATING TO PROTECT YOUR TRADE SECRETS
MAKING IT TO MARKET
MANUFACTURING AGREEMENTS
BAD LAWS OR JUST BAD PATENTS?
THE CHRONOLOGY OF SOFTWARE PATENT CASES
CRITICAL SOFTWARE COPYRIGHT CASES
WHICH ONE WORKS BEST?
TRADE SECRET PROTECTIONS FOR SOFTWARE
TRADEMARK PROTECTION FOR SOFTWARE
ASSUME EVERYTHING IS PROTECTED
LOOK FOR FREE MATERIALS
DONT OVERUSE FAIR USE
DONT IMITATE THE APPEARANCE OF ANOTHER WEB SITE
SOME CORE TAX PLANNING CONCEPTS
A TRAP FOR THE UNWARY
Copyright

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About the author (2004)

Jill Gilbert is an intellectual property attorney currently pursuing a Masters Degree in Computer Science and planning to sit for the Patent Law Bar. She also holds a Masters Degree in Accountancy and a Master of Law (Llm) degree in taxation. She has authored seven books including such titles as PcAnywhere for Dummies, The Quickbooks Bible, and Teach Yourself TurboTax in 24 Hours, and is the coauthor of Online Investing Bible.

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