Chapter 20

Intellectual Property, Licensing, and Patents

Craig L. Silver,    Director—Strategic Initiatives/General Counsel, Amches, Inc.

This chapter concerns source code licenses and rights of bankruptcy trustee to interfere with the license. The scope of a software license in general is addressed. The chapter also addresses the protection of intellectual property and copyrights; what constitutes a trade secret as well as the protection of thereof; what is a trademark and the enforcement of a trademark under the Lanham Act. Regarding patents, the chapter addresses what is patentable especially in regard to software patents and how the patent office is acting on software patents. There is a section on patent trolls and how to deal with ...

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