[blindLaw] {Spam?} RE: On patents

[Singh, Nandini]

Putting aside the curious "spam" label on this message, here are some high level thoughts that should get you started on an otherwise big topic:



*       Distinguish among patent, copyright, and trademark. Each are different and protect different types of intellectual property. By way of bonus, there is a fourth category, trade secret, but it operates with less formality. Trade secret law is more based in the common law. However, patent, copyright, and trademark concepts have been codified in statute, in addition to a vast body of case law.

*       Broadly speaking, most creative works enjoy protection under copyright and not patent. Regardless of the protection scheme, the original holder and/or author have to   police and enforce against potential infringement.

*       Committed science fiction fans would vigorously disagree about the similarities between Star Trek and Star Wars. And committed intellectual property attorneys at both Paramount and Disney would do likewise: genre, setting, tone, magic system, and characters are a few fundamental points of departure between the two franchises.



-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Thomas Dukeman via BlindLaw
Sent: Sunday, April 3, 2022 3:17 PM
To: 'Blind Law Mailing List' <BlindLaw at nfbnet.org>
Cc: Thomas Dukeman <ThomasDukeman at outlook.com>
Subject: [blindLaw] {Spam?} On patents



[EXTERNAL]



I am studying the wonderful wide world of patents and have a question that needs solving!



To obtain a patent:

You need an invention for a process, a machine, something that can be manufactured or even a composition of matter or an improvement to an existing invention.

Youre invention should have a purpose or solve a problem



Now that's all fine and dandy for stuff like the lightbulb and planes, but what about literature? Wat im referring to is how Disney owns the rights to Star Wars, but how did George Lucas (Creator of Star Wars) keep people from trying  to mimic him? Did he hold the patent to Star Wars then? How did this not conflict with the already existing Star Trek franchise? Lot of similarities between them of you take the time to sit down and look for them all.



Thanks in Advance!

Tom



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