Quiz 41: Intellectual Property
Student D invents a new machine for making macaroni and cheese, and does not apply for a patent. D tried to sell his invention to kitchen companies but all were rejected and D never sold the invention. After certain years D decides to apply for a utility patent. A patent is a set of limited privileges which is given by the government by allowing the usage of invention for a certain period of time. A patent must be novel, non-obvious and useful and can be patented for it tangible application only and not for the idea. A utility patent is a patent by itself. It can be in the form of a mechanical invention, electrical invention, chemical invention, process, machine, composition of matter. In the above case D can apply for a utility patent since his product is novel, not used by public till now, not on sale, no one used the technology. These all points are fulfilling the Novel requirement of utility patent. Therefor D can apply for the utility patent.
Internet has provided many platforms and many sites where many copyrighted content can be downloaded for free with the use of certain software. People mostly the students download the copyrighted content for music and TV shows and other videos although it accounts to copyright infringement. It is unethical to use copyrighted content without the permission or proper channel, as it affects the authorised websites and the owners with copyrights. The owner of the copyright possesses the specific tangible manifestation of a notion, but not the original thought or process of operation. Unlike patent, in copyright it is not essential that the material should be novel. An effort is copyrighted inevitably after it is in tangible form. Any person who makes use of the copyrighted material without the permission of the owner of that product is considered as violating the copyright act. It is not ethical at all to download serial on free basis without paying any fee. It is copyright infringement. These types of theft and free downloading is having a deep consequence on entertainment and publishing industry. It suffers not only the companies but also affects the musicians, artists, actors, writers and entertainment industry as a whole. It indirectly encourages unethical behaviour among the people so it is not advisable to download the copyrighted materials and contents through free sites. One should be ethical and principled and should avoid this.
Person DT wishes to copyright a generic phrase and uses it in a reality show. He a) Cannot copyright it through registration since it is an underlying generic idea phrase. b) A material in only a tangible form can be copyrighted. c) Unlike patent, in copyright it is not essential that the material should be novel. An effort is copyrighted inevitably after it is in tangible form. Therefore, here the option B is the right choice. b) Can copyright it only if it is in a tangible form.