| Trade Secrets |
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| A trade secret is information not generally known that provides a business with some economic value or competitive advantage. Unlike patents, trademarks and copyrights, trade secrets are a form of intellectual property that does not receive any kind of federal statutory protection; rather, trade secret protection is governed by the states. More... |
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| Works of Authorship under the Copyright Act |
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| The Copyright Act uses the phrase "works of authorship" to describe the types of works that are protected by copyright law. This phrase is purposefully broad to avoid the need to rewrite the Copyright Act every time a new "medium" was discovered. Congress included a list of eight works of authorship in the Copyright Act as follows: More... |
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| Patent Law |
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| It has been held by the United States Supreme Court that laws of nature, natural phenomena, and abstract ideas may not be the subject of a patent. The reasoning behind this rule is that laws of nature and abstract ideas are not created; rather, they exist independent of any person and are merely described by the person that discovers them. Included in the types of abstract ideas for which patents may not be obtained are mathematical formulae and algorithms, which are sets of steps or procedures designed to solve a problem.
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| Works Not Protected by Copyright |
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| Certain works and subject matter are expressly excluded from protection under the Copyright Act, regardless of their originality, creativity, and fixation. Titles, names, short phrases, and slogans generally do not enjoy copyright protection under the Copyright Act. Other material ineligible for copyright protection includes the utilitarian elements of industrial designs; familiar symbols or designs; simple geometrical shapes; mere variations of typographic ornamentation, lettering or coloring; and common works considered public property, such as standard calendars, height and weight charts, and tape measures and rulers.More... |
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| Economic Espionage Act of 1996 |
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| The Economic Espionage Act of 1996 (EEA) provided a broader definition of what constitutes a "trade secret" and what constitutes trade secret theft, effectively replacing the 1948 Trade Secrets Act, which was limited to prosecution of federal employees. The EEA also was passed so as to serve as a universal trade secret theft act, overriding various trade secret acts instituted by individual states.More... |
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