Glossary Terms Related To Patent Invention & Copyright Topics

Special 301

Definition:
A statute that requires the U.S. Trade Representative (USTR) to identify, on an annual basis, those foreign territories that deny adequate and effective protection of intellectual property rights or fair and equitable market access for Americans relying on intellectual property protection.

Joint Inventors

Definition:
Two or more inventors of a single invention who collaborate in the inventive process.

Intellectual Property Rights

Definition:
Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use; the major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks.

Generic Term

Definition:
Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services. These terms are incapable of functioning as trademarks denoting source, and are not registrable on the Principal Register under §2(f) or on the Supplemental Register.

Substantial Similarity

Definition:
The degree of resemblance between a copyrighted work and a second work that is sufficient to constitute copyright infringement by the second work. Exact word-for-word or line-for-line identity does not define the limits of copyright infringement.

Cybersquatting

Definition:
The practice of registering a well-known domain name (e.g. mcdonalds.com) in hopes of either selling it at a big profit to the trademark owner, or to help sell one's own goods to people confused by the similarity between the cybersquatter's web address and the trademark company's name.



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