Chapter 1 : Intellectual Property

Topics covered in this snack-sized chapter:



Intellectual Property (IP) arrow_upward


  • Intellectual Properties are intangible products of the mind.
  • In other words we can say that Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
  • IP is a marketable commodity that can be used to generate income to support the inventors and help in the formation of new companies and jobs.

    • Example of IP arrow_upward


  • Inventions (devices, compositions, plants, designs).
  • Publications
  • Videotapes
  • Computer programs
  • Works of art

    • Different Types of Intellectual Property arrow_upward


  • A patent is the grant of a property right to the inventor, issued by the USPTO (U.S. Patent and Trademark Office), which allows the patent owner to maintain a monopoly for a limited period of time on the use and development of the invention.
  • The right to EXCLUDE OTHERS from making, using, offering for sale, or selling, the invention in the United States or “importing” the invention into the United States.
  • What is granted is not the right to make, use, offer for sale, sell or import, but the right to EXCLUDE OTHERS from making, using, selling, or importing the invention.
  • A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works".
  • Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.
  • A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others.

    • How to Protect IP arrow_upward


  • Copyrights
  • Trademark
  • Trade Secret
  • Plant Variety Certification
  • Patents

    • Copyrights arrow_upward


  • Automatically copyrighted when the document is created.
  • Lasts the life of the author plus 70 years.
  • Lasts 95 years from publication or 120 years from creation, if it was a work for hire.

    • Trademarks arrow_upward


  • Used to protect a symbol or phrase that’s identified with a product (e.g. Coca-Cola) ™.

    • Trade Secrets arrow_upward


  • Specialized knowledge that can include data, formulas, compilations, programs, etc. which are maintained as a secret.
  • Can be used where patents may not have a long enough term or be possible.
  • A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.
  • Trade secrets are kept under lock and key, with restricted access and publications.
    • Example: Coca Cola formula

    Patent arrow_upward


  • A right granted under the U.S. Constitution.
  • To prevent others from selling, making or using your invention for the term of the patent.
  • 20 years from date of filing of earliest related patent or application.
  • Used for inventions, processes, machines, improvements, and composition of matter.
  • Essentially a contract with the government.
    • You give the idea (useful for public).
    • The government gives the limited monopoly (the patent).

    Why Patent arrow_upward



    Deterrent

    Exclusive control over the invention.

    Prevent competitors from market entry.

    Defensive

    Prevent competitors from obtaining patents.

    Revenue

    Get fees via licensing and royalty.



    Patent  Application arrow_upward


  • A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application.
  • An application consists of a description of the invention (the patent specification), together with official forms and correspondence relating to the application.
  • The term patent application is also used to refer to the process of applying for a patent, or to the patent specification itself.

    • Parts of Patent Application

  • Cover sheet
  • Drawings
  • Description of the invention
  • Claims

    • Patent Filing Bars arrow_upward


  • A U.S. patent application must be filed within one year following any public disclosure, sale, offering for sale or public use of the invention.
  • If corresponding foreign patents are desired, the U.S. patent application should be filed before any such public disclosure, sale, offering for sale or public use.
  • Foreign patent applications must be filed within one year of the corresponding US patent application.

    • US and International Patents arrow_upward


  • US – First to Invent.
  • Most International – First to File


    • Thank You from Kimavi arrow_upward


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