US Code as of: 01/23/00
Selected Sections from the Intellectual Property Statutes
Sec. 101. Definitions
Sec. 102. Subject matter of copyright: In general
- (a) Copyright protection subsists, in accordance with this
title, in original works of authorship fixed in any tangible medium of expression,
now known or later developed, from which they can be perceived, reproduced,
or otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:
- (2) musical works, including any accompanying words;
- (3) dramatic works, including any accompanying music;
- (4) pantomimes and choreographic works;
- (5) pictorial, graphic, and sculptural works;
- (6) motion pictures and other audiovisual works;
- (7) sound recordings; and
(8) architectural works.
- (b) In no case does copyright protection for an original
work of authorship extend to any idea, procedure, process, system, method
of operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.
Sec. 106. Exclusive rights in copyrighted works
Subject to sections 107 through
121, the owner of copyright under this title has the exclusive rights to do
and to authorize any of the following:
- (1) to reproduce the copyrighted work in copies or
phonorecords;
- (2) to prepare derivative works based upon the copyrighted
work;
- (3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership, or by
rental, lease, or lending;
- (4) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and other
audiovisual works, to perform the copyrighted work publicly;
- (5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a motion
picture or other audiovisual work, to display the copyrighted
work publicly; and
-
(6) in the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission.
Sec. 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106
and 106A, the fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any particular
case is a fair use the factors to be considered shall include -
- (1) the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit educational purposes;
- (2) the nature of the copyrighted work;
- (3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
- (4) the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar
a finding of fair use if such finding is made upon consideration of all the
above factors.
Sec. 117. Limitations on exclusive rights: Computer programs
- (a) Making of Additional Copy or Adaptation by Owner of
Copy. - Notwithstanding the provisions of section 106,
it is not an infringement for the owner of a copy of a computer program to
make or authorize the making of another copy or adaptation of that computer
program provided:
- (1) that such a new copy or adaptation is created
as an essential step in the utilization of the computer program in conjunction
with a machine and that it is used in no other manner, or
- (2) that such new copy or adaptation is for archival
purposes only and that all archival copies are destroyed in the event
that continued possession of the computer program should cease to be rightful.
- (b) Lease, Sale, or Other Transfer of Additional Copy or
Adaptation. - Any exact copies prepared in accordance with the provisions
of this section may be leased, sold, or otherwise transferred, along with
the copy from which such copies were prepared, only as part of the lease,
sale, or other transfer of all rights in the program. Adaptations so prepared
may be transferred only with the authorization of the copyright owner.
- (c) Machine Maintenance or Repair. - Notwithstanding the
provisions of section 106, it is
not an infringement for the owner or lessee of a machine to make or authorize
the making of a copy of a computer program if such copy is made solely by
virtue of the activation of a machine that lawfully contains an authorized
copy of the computer program, for purposes only of maintenance or repair of
that machine, if -
- (1) such new copy is used in no other manner and is
destroyed immediately after the maintenance or repair is completed; and
-
(2) with respect to any computer program or part thereof that is not necessary
for that machine to be activated, such program or part thereof is not
accessed or used other than to make such new copy by virtue of the activation
of the machine.
- (d) Definitions. - For purposes of this section -
- (1) the ''maintenance'' of a machine is the servicing
of the machine in order to make it work in accordance with its original
specifications and any changes to those specifications authorized for
that machine; and
- (2) the ''repair'' of a machine is the restoring of the machine to the
state of working in accordance with its original specifications and any
changes to those specifications authorized for that machine.
Sec. 1114. Remedies; infringement;
- (1)
Any person who shall, without the consent of the registrant -
- (a)
use in commerce any reproduction, counterfeit, copy, or
colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any
goods or services on or in connection with which such use is
likely to cause confusion, or to cause mistake, or to deceive; or
- (b)
reproduce, counterfeit, copy, or colorably imitate a
registered mark and apply such reproduction, counterfeit, copy,
or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements intended to be used in
commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in
connection with which such use is likely to cause confusion, or
to cause mistake, or to deceive,
shall be liable in a civil action by the registrant for the
remedies hereinafter provided. Under subsection (b) hereof, the
registrant shall not be entitled to recover profits or damages
unless the acts have been committed with knowledge that such
imitation is intended to be used to cause confusion, or to cause
mistake, or to deceive.
[...]
Sec. 1125. False designations of origin, false descriptions, and dilution
forbidden
- (a)
Civil action
- (1)
Any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce any word,
term, name, symbol, or device, or any combination thereof, or any
false designation of origin, false or misleading description of
fact, or false or misleading representation of fact, which -
- (A)
is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association of such
person with another person, or as to the origin, sponsorship, or
approval of his or her goods, services, or commercial activities
by another person, or
- (B)
in commercial advertising or promotion, misrepresents the
nature, characteristics, qualities, or geographic origin of his
or her or another person's goods, services, or commercial
activities,
shall be liable in a civil action by any person who believes that
he or she is or is likely to be damaged by such act.
- (2)
As used in this subsection, the term ''any person'' includes
any State, instrumentality of a State or employee of a State or
instrumentality of a State acting in his or her official capacity.
Any State, and any such instrumentality, officer, or employee,
shall be subject to the provisions of this chapter in the same
manner and to the same extent as any nongovernmental entity.
- (3)
In a civil action for trade dress infringement under this
chapter for trade dress not registered on the principal register,
the person who asserts trade dress protection has the burden of
proving that the matter sought to be protected is not functional.
- (b)
Importation
Any goods marked or labeled in contravention of the provisions of
this section shall not be imported into the United States or
admitted to entry at any customhouse of the United States. The
owner, importer, or consignee of goods refused entry at any
customhouse under this section may have any recourse by protest or
appeal that is given under the customs revenue laws or may have the
remedy given by this chapter in cases involving goods refused entry
or seized.
- (c)
Remedies for dilution of famous marks
- (1)
The owner of a famous mark shall be entitled, subject to the
principles of equity and upon such terms as the court deems
reasonable, to an injunction against another person's commercial
use in commerce of a mark or trade name, if such use begins after
the mark has become famous and causes dilution of the distinctive
quality of the mark, and to obtain such other relief as is provided
in this subsection. In determining whether a mark is distinctive
and famous, a court may consider factors such as, but not limited
to -
- (A)
the degree of inherent or acquired distinctiveness of the
mark;
- (B)
the duration and extent of use of the mark in connection
with the goods or services with which the mark is used;
- (C)
the duration and extent of advertising and publicity of the
mark;
- (D)
the geographical extent of the trading area in which the
mark is used;
- (E)
the channels of trade for the goods or services with which
the mark is used;
- (F)
the degree of recognition of the mark in the trading areas
and channels of trade used by the marks' owner and the person
against whom the injunction is sought;
- (G)
the nature and extent of use of the same or similar marks
by third parties; and
(H) whether the mark was registered under the Act of March 3,
1881, or the Act of February 20, 1905, or on the principal
register.
- (2)
In an action brought under this subsection, the owner of the
famous mark shall be entitled only to injunctive relief as set
forth in section 1116 of this title unless the person against whom
the injunction is sought willfully intended to trade on the owner's
reputation or to cause dilution of the famous mark. If such
willful intent is proven, the owner of the famous mark shall also
be entitled to the remedies set forth in sections 1117(a) and 1118
of this title, subject to the discretion of the court and the
principles of equity.
- (3)
The ownership by a person of a valid registration under the
Act of March 3, 1881, or the Act of February 20, 1905, or on the
principal register shall be a complete bar to an action against
that person, with respect to that mark, that is brought by another
person under the common law or a statute of a State and that seeks
to prevent dilution of the distinctiveness of a mark, label, or
form of advertisement.
- (4)
The following shall not be actionable under this section:
- (A)
Fair use of a famous mark by another person in comparative
commercial advertising or promotion to identify the competing
goods or services of the owner of the famous mark.
- (B)
Noncommercial use of a mark.
- (C)
All forms of news reporting and news commentary.
- (d)
Cyberpiracy prevention
- (1)
- (A)
A person shall be liable in a civil action by the owner of
a mark, including a personal name which is protected as a mark
under this section, if, without regard to the goods or services of
the parties, that person -
- (i)
has a bad faith intent to profit from that mark, including
a personal name which is protected as a mark under this section;
and
(ii) registers, traffics in, or uses a domain name that -
- (I)
in the case of a mark that is distinctive at the time of
registration of the domain name, is identical or confusingly
similar to that mark;
- (II)
in the case of a famous mark that is famous at the time
of registration of the domain name, is identical or confusingly
similar to or dilutive of that mark; or
- (III)
is a trademark, word, or name protected by reason of
section 706 of title 18 or section 220506 of title 36.
- (B)
- (i)
In determining whether a person has a bad faith intent
described under subparagraph (A), a court may consider factors such
as, but not limited to -
- (I)
the trademark or other intellectual property rights of the
person, if any, in the domain name;
- (II)
the extent to which the domain name consists of the legal
name of the person or a name that is otherwise commonly used to
identify that person;
- (III)
the person's prior use, if any, of the domain name in
connection with the bona fide offering of any goods or services;
- (IV)
the person's bona fide noncommercial or fair use of the
mark in a site accessible under the domain name;
- (V)
the person's intent to divert consumers from the mark
owner's online location to a site accessible under the domain
name that could harm the goodwill represented by the mark, either
for commercial gain or with the intent to tarnish or disparage
the mark, by creating a likelihood of confusion as to the source,
sponsorship, affiliation, or endorsement of the site;
- (VI)
the person's offer to transfer, sell, or otherwise assign
the domain name to the mark owner or any third party for
financial gain without having used, or having an intent to use,
the domain name in the bona fide offering of any goods or
services, or the person's prior conduct indicating a pattern of
such conduct;
- (VII)
the person's provision of material and misleading false
contact information when applying for the registration of the
domain name, the person's intentional failure to maintain
accurate contact information, or the person's prior conduct
indicating a pattern of such conduct;
- (VIII)
the person's registration or acquisition of multiple
domain names which the person knows are identical or confusingly
similar to marks of others that are distinctive at the time of
registration of such domain names, or dilutive of famous marks of
others that are famous at the time of registration of such domain
names, without regard to the goods or services of the parties;
and
(IX) the extent to which the mark incorporated in the person's
domain name registration is or is not distinctive and famous
within the meaning of subsection (c)(1) of this section.
- (ii)
Bad faith intent described under subparagraph (A) shall not
be found in any case in which the court determines that the person
believed and had reasonable grounds to believe that the use of the
domain name was a fair use or otherwise lawful.
- (C)
In any civil action involving the registration, trafficking,
or use of a domain name under this paragraph, a court may order the
forfeiture or cancellation of the domain name or the transfer of
the domain name to the owner of the mark.
- (D)
A person shall be liable for using a domain name under
subparagraph (A) only if that person is the domain name registrant
or that registrant's authorized licensee.
- (E)
As used in this paragraph, the term ''traffics in'' refers to
transactions that include, but are not limited to, sales,
purchases, loans, pledges, licenses, exchanges of currency, and any
other transfer for consideration or receipt in exchange for
consideration.
- (2)
- (A) The owner of a mark may file an in rem civil action against
a domain name in the judicial district in which the domain name registrar,
domain name registry, or other domain name authority that registered
or assigned the domain name is located if -
- (i) the domain name violates any right
of the owner of a mark registered in the Patent and Trademark
Office, or protected under subsection (a) or (c) of this section;
and (ii) the court finds that the owner -
- (I) is not able to obtain in personam
jurisdiction over a person who would have been a defendant
in a civil action under paragraph (1); or
- (II) through due diligence was not
able to find a person who would have been a defendant in a
civil action under paragraph (1) by -
- (aa) sending a notice of the alleged
violation and intent to proceed under this paragraph to
the registrant of the domain name at the postal and e-mail
address provided by the registrant to the registrar; and
(bb) publishing notice of the action as the court may
direct promptly after filing the action.
- (B) The actions under subparagraph (A)(ii) shall
constitute service of process.
- (C) In an in rem action under this paragraph,
a domain name shall be deemed to have its situs in the judicial district
in which -
- (i) the domain name registrar, registry,
or other domain name authority that registered or assigned the
domain name is located; or
- (ii) documents sufficient to establish
control and authority regarding the disposition of the registration
and use of the domain name are deposited with the court.
- (D)
- (i) The remedies in an in rem action under this paragraph shall
be limited to a court order for the forfeiture or cancellation
of the domain name or the transfer of the domain name to the owner
of the mark. Upon receipt of written notification of a filed,
stamped copy of a complaint filed by the owner of a mark in a
United States district court under this paragraph, the domain
name registrar, domain name registry, or other domain name authority
shall -
- (I) expeditiously deposit with the court
documents sufficient to establish the court's control and
authority regarding the disposition of the registration and
use of the domain name to the court; and (II) not transfer,
suspend, or otherwise modify the domain name during the pendency
of the action, except upon order of the court.
- (ii) The domain name registrar or registry
or other domain name authority shall not be liable for injunctive
or monetary relief under this paragraph except in the case of
bad faith or reckless disregard, which includes a willful failure
to comply with any such court order.
- (3) The civil action established under paragraph
(1) and the in rem action established under paragraph (2), and any remedy
available under either such action, shall be in addition to any other
civil action or remedy otherwise applicable.
- (4) The in rem jurisdiction established under
paragraph (2) shall be in addition to any other jurisdiction that otherwise
exists, whether in rem or in personam.
Sec. 101. Inventions patentable
Whoever invents or discovers any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement thereof, may obtain
a patent therefor, subject to the conditions and requirements of this title.
Sec. 102. Conditions for patentability; novelty and loss of right to patent
A person shall be entitled to a patent unless -
- (a)
the invention was known or used by others in this country, or
patented or described in a printed publication in this or a foreign
country, before the invention thereof by the applicant for patent,
or
- (b)
the invention was patented or described in a printed
publication in this or a foreign country or in public use or on
sale in this country, more than one year prior to the date of the
application for patent in the United States, or
- (c)
he has abandoned the invention, or
- (d)
the invention was first patented or caused to be patented, or
was the subject of an inventor's certificate, by the applicant or
his legal representatives or assigns in a foreign country prior to
the date of the application for patent in this country on an
application for patent or inventor's certificate filed more than
twelve months before the filing of the application in the United
States, or
- (e)
the invention was described in a patent granted on an
application for patent by another filed in the United States before
the invention thereof by the applicant for patent, or on an
international application by another who has fulfilled the
requirements of paragraphs (1), (2), and (4) of section 371(c) of
this title before the invention thereof by the applicant for
patent, or
- (f)
he did not himself invent the subject matter sought to be
patented, or
- (g)
before the applicant's invention thereof the invention was
made in this country by another who had not abandoned, suppressed,
or concealed it. In determining priority of invention there shall
be considered not only the respective dates of conception and
reduction to practice of the invention, but also the reasonable
diligence of one who was first to conceive and last to reduce to
practice, from a time prior to conception by the other.
Sec. 103. Conditions for patentability; non-obvious subject matter
- (a) A patent may not be obtained though the invention is
not identically disclosed or described as set forth in section 102
of this title, if the differences between the subject matter sought to be
patented and the prior art are such that the subject matter as a whole would
have been obvious at the time the invention was made to a person having ordinary
skill in the art to which said subject matter pertains. Patentability shall
not be negatived by the manner in which the invention was made.
- (b) [biotech omitted]
- (c)
Subject matter developed by another person, which qualifies
as prior art only under subsection (f) or (g) of section 102 of
this title, shall not preclude patentability under this section
where the subject matter and the claimed invention were, at the
time the invention was made, owned by the same person or subject to
an obligation of assignment to the same person.
Sec. 112. Specification
The specification shall contain a written description of the
invention, and of the manner and process of making and using it, in
such full, clear, concise, and exact terms as to enable any person
skilled in the art to which it pertains, or with which it is most
nearly connected, to make and use the same, and shall set forth the
best mode contemplated by the inventor of carrying out his
invention.
The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject
matter which the applicant regards as his invention.
A claim may be written in independent or, if the nature of the
case admits, in dependent or multiple dependent form.
Subject to the following paragraph, a claim in dependent form
shall contain a reference to a claim previously set forth and then
specify a further limitation of the subject matter claimed. A
claim in dependent form shall be construed to incorporate by
reference all the limitations of the claim to which it refers.
A claim in multiple dependent form shall contain a reference, in
the alternative only, to more than one claim previously set forth
and then specify a further limitation of the subject matter
claimed. A multiple dependent claim shall not serve as a basis for
any other multiple dependent claim. A multiple dependent claim
shall be construed to incorporate by reference all the limitations
of the particular claim in relation to which it is being
considered.
An element in a claim for a combination may be expressed as a
means or step for performing a specified function without the
recital of structure, material, or acts in support thereof, and
such claim shall be construed to cover the corresponding structure,
material, or acts described in the specification and equivalents
thereof.