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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
Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. Conducting a Self-Evaluation After Getting Fired Sometimes life is hard and when you get fired, it gets even harder. In a country where employee turnover is high and there are no laws to protect you at your work place, potentially anybody is at risk to be fired. In general, that is true, but companies usually only fire a person that has done his or her job improperly, or is not qualified for his or her job any more. Therefore after you get fired, it is time that you conduct a self-evaluation. First of all, you need to make sure you know the reason why you have been fired. Do not just assume, you know why you have been fired. Make sure that your employer tells you the exact reasons why he has fired you. A self-evaluation as to whether the employer is right and whether you might have to work on yourself can only be done after you know why the company has told you to leave. If it was tardiness and absence of work that has gotten you fired, you need to be self critical enough to see that you need to be on time and be at work every day that you are not taking a vacation day. Keeping a job means playing by the rules and these rules do include times that you have to be a t work if you want to keep the job. When your boss told you, that you are not accomplishing your work or you are not qualified for the position, think back and try to find out why he might have said that. Did you deliver your work on time? Was it correct, mostly without any problems and errors? If that is not the case, then perhaps your boss was right and maybe you were not qualified enough to do the job. It might be that you need some more training or some more classes at the university to be able to do your job right. Or maybe you have just chosen a job that is not for you. When you are conducting that self-evaluation, make sure you are not too hypercritical. If it clearly was your fault that you got fired, you need to improve yourself and the personality traits that have led to the firing. Sometimes even though your boss gave you an explanation why you have been fired, you might not agree with the reason you have gotten fired from your company. Yes, sometimes these reasons might not be right. Since this is a society where anybody can get fired, maybe you have been fired because your boss did not like you and he made up some dubious reason for firing you. This is why you have to conduct a self-evaluation to make sure if what you were told is the truth. A self-evaluation might also lead you to the conclusion that you need to choose a different profession than the one you have been in. Maybe it took to get you fired to ser you in the right direction and at some point in your future you might actually thank that boss of yours that he had fired you. Otherwise you might have never found the job that you were destined for and would have been miserable doing the job you were doing. Unhappy employees are not good for a company and some bosses are good enough to realize that. Whatever the reason is that you got fired, make sure you find the reason and check with yourself how much truth lies within that reason and do you have to change to be a better employee and be able to keep your next job. |