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Patent and copyright law
Understanding Patent and Copyright Law
Patent and copyright law gives the inventor the exclusive rights to the invention. No one else can produce the invention for a set period of time under patent and copyright law. Patent and copyright law is set up to protect inventors. The law on patents can be found in the United States Constitution, Article 1, Section 8 and in Title 35 of the United States Code.
The agency that is in charge of patent laws is a Federal Agency known as the Patent and Trademark Office. Anyone who applies for a patent will have their application reviewed by an examiner. The examiner will decide if a patent should be granted to the inventor. Individuals who have their patent application turned down can appeal it to the Patents Office Board of Appeals.
Just because someone has a patent does not mean that they have the right to use, make or sell the invention. For instance, if a drug company comes up with a new drug, they can get a patent on it. However, it would not be available to be sold to the general public until the drug becomes approved by other regulatory bodies. Likewise, someone may invent an improvement to an existing product, yet they will not be allowed to produce or sell the item until they obtain a license to do so from the owner of the original patent holder.
For someone to receive a patent, as stated, they must fill out an application on their invention. The application will entail the details of the invention and how it is made. In addition, the person applying for a patent must make claims that point to what the applicant deems or regards as his or her invention. A patent may have many claims with it. The claims protect the patent owner and notify the public exactly what the individual has patented or owns.
If someone infringes upon patent and copyright law, it is usually enforced in a civil court setting. The owner of the patent will generally bring a civil lawsuit against the person who has infringed upon their patent and ask for monetary compensation. In addition, the patent owner can seek an injunction which would prohibit the violator from continuing to engage in any acts that would infringe upon their patent in the future.
Many patent owners will make licensing agreements (or contracts) with others. These agreements allow another person or company to use someone’s patented invention in return for royalties. In addition, some patent holders who are competitors may agree to license their patents to each other to expand both of their profits.
Most everything we use in our day to day life was invented by someone. That person had to seek out a patent for their invention. Patent and copyright law protects inventors from having their ideas and inventions stolen out from under them. This makes the playing field more level for individuals. Without these laws, the marketplace would be out of control and the small guy would probably be eaten alive by big business
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International Software Copyright International Software Agreement is a Matter of National Security Is there one governing law concerning international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP) any software written has an automatic copyright. This is a pretty conclusive consensus as far as an international copyright goes. The short answer would have been yes, but this was so much more informative. An international software copyright should not however be confused with a patent. Copyrights provide creators with the ability to prevent others from directly copying the code involved. A patent can actually limit the use of the software. Because of this, I'm sure you'll understand that patents are a hotly debated topic when it comes to software. The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code created by your belongs to them (these cases have been known to happen and provide excellent incentives for employees to always read the fine print). The problem that many companies are running into when it comes to enforcing international software copyright is that computers are not permanent fixtures in a company. Computers are rather disposable hardware when it comes to keeping up with evolving technologies and software needs to be updated when new computers are purchased. Rather than purchasing new copies of software when the computers are replaced companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is not in keeping with international software copyright. This is stealing and you'd be surprised at some of the good upstanding companies that do this on a regular basis. There really are no major differences between traditional policies for American copyright and international software copyright which makes legal issues, troubles, and woes that much easier to deal with. By having a unified international front thee are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the American government is bad, you should see how much fun it is to deal with the American government and another government for a legal action. The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software in order to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital. Perhaps one of the greatest things to come about as the result of the international agreement to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries that their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen and the agreement for an international software copyright prevents that from being allowed to occur.
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