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Intellectual Property (IP)

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IP (Intellectual Property) is defined as any product or the result of a mental process that is given legal protection against unauthorized use. There are four types of IP: (1) patents; (2) copyright; (3) trademarks and (4) trade secrets. A patent gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years and a design for fourteen years. To qualify, an applicant must satisfy the U.S. Patent and Trademark Office that the invention, discovery, process, or design is genuine, novel, useful, and not obvious in light of current technology. Do you think that "anything under the sun that is made by man," should be patented ... protected by intellectual property laws?

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Solution Summary

The solution determines what is protected by intellectual property laws.

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Yes, I do think that 'anything under the sun that is made by man' should be allowed to be patented and protected by intellectual property laws as long as they meet all legal requirements under patent laws. According to 35 U.S.C § 101, anything that is 'new or useful process, machine, manufacture or composition of matter' can be patented. This wording has essentially remained unchanged since the Patent Act of 1793, which the courts have interpreted to include 'anything under the sun that is made by man' as patentable. The phrase ...

Solution provided by:
Rachel Kozicki, PhD (IP)
Education
  • BA, Ashford University
  • MBA, Ashford University
  • Post-Master's Certificate, Northcentral University
  • PhD (IP), Northcentral University
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