Glossary F-M

contact

F

Fair dealing

Use of works for purposes of private study, research, criticism, review or news reporting that does not constitute infringement of copyright.

Fees

Specific sums payable for various services provided by United States Patent and Trademark Office.

First to file

A patent system in which the first inventor to file a patent application for a specific invention is entitled to the patent. In Canada and in most other countries, the first person to file has priority over other people claiming rights for the same invention.

G

H

I

Infringement

Design Patent: Violation of patent rights through unauthorized use of a design.

Trade-marks: Violation of trademark rights through unauthorized use of a trade-mark.

Patents: Making, using or selling an invention protected by a patent without the inventor's permission.

Intent-to-use

A statement indicating intention by the applicant to use a certain trademark and how that use will occur.

Intellectual property

A form of creative endeavor that can be protected through a trademark, patent, copyright or trade secret.

J

K

L

Literary work

Work consisting of text such as novels, poems, song lyrics without music, catalogues, reports, tables as well as translations of such works. It also includes computer programs.

License

Legal agreement granting someone permission to use a work for certain purposes or under certain conditions. A license does not constitute a change in ownership of the copyright.

Licensee

If an entity is licensed by or with the authority of the owner to use the mark, and the owner has direct or indirect control over the character or quality of the wares or services with which the mark is used, then the licensee’s use of the mark or a trade-name including the mark is deemed to have, and to always have had, the same effect as use by the owner.

Licensing a design

Granting of an exclusive license from the owner of the design to another party that allows said party to manufacture, use and sell the design, and to sub-license others to do so.

Licensing an invention

Allowing a business or individual to manufacture and sell an invention, usually in exchange for royalties.

M

Maintenance fee

Patents: Fee paid at a prescribed interval to keep a patent enforceable. In the United States, the fee must be paid every 3.5 years. Maintenance fees are due annually for patented inventions in countries outside the United States.

Marking

Copyrights: Indicating copyright with a small "c" in a circle (©), the name of the copyright owner and the year of first publication.

Patent: Signaling that a utility or design is patented by placing the patent number or description that invention is patented, directly on the goods, or on labels directly associated with the goods.

Trademarks: A symbol placed in close proximity to an image, device, word or symbol, alerting the reader to the claim made by the owner that proprietary rights are being claimed in the mark.

Moral rights

Rights an author retains over the integrity of a work and the right to be named as its author even after sale or transfer of the copyright.

Musical work

Work that consists of music plus lyrics or music only.

Comments are closed