Intellectual Property

Transcription

1 Intellectual Property

2 Four Major Types of Intellectual Properties (US Law) Guard against the unauthorized use of. Trademarks Public Symbols & Markings Copyrights Names, Expressions & Publications Trade Secrets Private Protection for Processes & Methods Patents Public Legally Recognized Inventions

3 Why do we care about IP? IP licensed to other companies may be a tremendous source of profit In many cases, companies must pay competitors to license their intellectual property In other cases, IP held by competitors temporarily excludes a company from manufacturing and selling components, costing the business substantial income. Licensing costs may be multi $MM/year for larger companies

4 What is a Trademark? A word, name, symbol or device that is used in commerce with goods or services to: indicate the source of the goods or services to distinguish them from the goods and services of others

5 What is a Copyright? A form of protection that gives to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, the exclusive right to: reproduce the copyrighted work prepare derivative works distribute copies of it display or perform the copyrighted work publicly.

6 What is a Trade Secret? Refers to information, such as a formula, pattern, compilation, program, device, method, technique, process, financial data, or list of actual or potential customers that: derives actual or potential economic value from not being generally known to other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

7 US Patents

8 Patents: what is a patent? A patent is a 20-year legal monopoly that is granted in exchange for the inventor s disclosure of the invention, including the best know way to achieve the invention. 8

9 Patents: what is patentable? Patentable Subject Matter includes: Any new and useful: process, machine, manufacture, composition of matter, or improvement thereof 9

10 Patents: what is patentable? As a general rule If you hear, Hey, that s a good idea, Then there may be a patentable invention although it could already be patented by another Does not need to be legendary Very simple ideas can be worthy of patents 10

11 What are the requirements for a patent? New a single prior art reference (e.g., patent, publication, product) cannot disclose the idea. Can t patent something that is already in the public domain. Utility idea must have some benefit Non-obvious, Novelty an obvious combination of prior art references cannot disclose the idea. Must have some basis for combining references. Usually not intuitive or obvious to one skilled in the art Can not be: Idea Law of Nature Scientific Principle

12 Patents: what rights to they provide? For 20 years a patentee has the right to exclude others from: Making Using Selling Offering for sale Importing that which is covered by the patent claims. 12

13 Patents The right to exclude others does not necessarily mean that a patentee can: Use Make Sell Offer for sale Import/export what is patented By making his/her patented good a patentee could: Break the law (e.g., patents on improved methods of human trafficking, drug making, etc. Infringe a patent owned by another patentee 13

14 Patentability v. Infringement Patentability / Infringement Distinction Company X Company Y Patented a foldable knife Patented a multi-purpose, foldable knife Y s knife is patentably distinct from X s (it s a foldable knife + other features), but still infringes X s patent 14

15 Patent infringement Solutions? Design around Engineering + Legal Use old technology e.g. from expired patents Cross-License? Invalidate patent? 15

16 Using the Internet for Patent Searches

17 US Patents Simple US Patent Sections Title: A short descriptive name of the invention. Inventors: Assignee: Legal Entity Owning Patent Filing Date/Info: References, Prior Art: Examiner(s)/Attorney(s) Abstract: A general description of the nature of the invention Drawings Patent Title Page

18 US Patents Additional Patent Sections Background of the Invention (optional): Describes the technical field of the invention, the state of the art of the technology involved, and the shortcomings of existing prior art. Summary of Invention: A brief description of the nature, substance and object of the invention. Description of the Drawings: Drawings accompanying the technical disclosure shall be briefly described, and the detailed written description of the invention shall refer to the different drawing views by specifying drawing figures and reference numerals. Preferred Embodiment: A detailed written description of the invention describing the best mode of operation and enabling someone to make and use your invention. Claims: A NUMBERED precise and detailed description of the subject matter which the applicant regards as his invention.

19 Method for Fabrication of a Neurostimulaton Lead Including Multiple Micro-cables (Patent #US B2)

20 Voice Activity Detection Based on Plural Voice Activity Detectors (Patent #US A1)

21 Animal Toy (Patent #US B1)

22 Body-Connected Bike (Patent #US B2)

23 Anti-Eating Face Mask (Patent #US )

24 Beerbrella (Patent #US B2)

25 Method of Swinging on a Swing (Patent #US B1)

26 User-Operated Amusement Apparatus for Kicking the User s Buttocks (Patent #US B2)

27 Some more Pedal Operated Mower (# ) Pillow With Retractable Umbrella (#US B1) Finger Mounted Insect Dissuasion Device and Method of Use (# ) Garments Having Inside out Appearance (#US B2)