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Intellectual Property News
Department Of Justice Will Not Oppose Proposal On Patent Information Policy
The Department of Justice announced today that it will not oppose a proposal by the Institute of Electrical and Electronics Engineers Inc. (IEEE) to implement a policy on the disclosure and licensing of patents in IEEE's standards-setting process. The policy will allow patent holders to commit publicly to specific restrictions on their future licensing terms and conditions for the use of patents that are essential to IEEE standards. The Department said that the proposed policy may enable IEEE to make better informed decisions when formulating standards that will benefit consumers.
The Department's position was stated in a business review letter from Thomas O. Barnett, Assistant Attorney General for the Department's Antitrust Division, to counsel for IEEE and its standards association, IEEE-SA. IEEE is a non-profit association for technology professionals with diverse interests. IEEE-SA, IEEE's standards development organization (SDO), develops and issues standards used in industries such as information technology, power and energy, instrumentation and measurement, mobile and stationary batteries, nanotechnology, organic electronics, telecommunications, and transportation safety. Read more at usdoj.gov.
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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Definition:
The act of exact, unauthorized, and illegal reproduction on a commercial scale of a copyrighted work or of a trademarked product.
Novelty and prior art
Definition:
A trade secret may be a device or process which is patentable; but it need not be that. It may be a device or process which is clearly anticipated in the prior art or one which is merely a mechanical improvement that a good mechanic can make. Novelty and invention are not requisite for a trade secret as they are for patentability. These requirements are essential to patentability because a patent protects against unlicensed use of the patented device or process even by one who discovers it properly through independent research.
Copyright
Definition:
Refers to the exclusive rights granted to an author or owner of a copyrightable work. (See FAQ Section 2.1 and 17 USC § 106.2)
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