How to use copyrights, trademarks, and trade secrets to your advantage
Intangible property Patents Copyrights Trade secrets and know-how Trademarks © TM.
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Transcript of Intangible property Patents Copyrights Trade secrets and know-how Trademarks © TM.
United States Constitution
The Congress shall have power … to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Basis for patents and copyrights.
“While Inventions and copyrightable works are not the primary objectives of University Research, when they occur the University has the responsibility of insuring that such Inventions and Works are used and controlled in a manner that benefits the public, the Inventor or Author and the University to the fullest extent possible.” Board Policy 210.1
Inventor-employees receive 50% of the first $200,000 in net licensing net revenues.
35% of any net revenues above $200,000.
Board does not exercise rights over non-employee inventions.
May accept intellectual property from third parties
UA Board Policy 210.1 (rev’d 2001)
Mission: To commercialize world-class research to build a sustainable knowledge-based economy to benefit Arkansas and the world.
http://www.uark.edu/ua/tlo/
Right to exclude others
Limited time (usually 20 years from filing)
Scope determined by claims (found at end of patent)
Novel, non-obvious and useful Utility (includes plants)
Ornamental, novel and non-obvious Design
Asexually reproduced, distinct and new plants Plant patent
Novel, sexually reproduced plants Plant variety protection
Premature disclosure! (Losing novelty) Publishing or presenting your work
Absolute bar in most countries Starts one year clock ticking in US
Even mere predictions can start the clock Electronic publication counts Offering for sale
Claim Example1. A pet display vest for a
person, having an elongate,
enclosed, pet receiving, passageway extending there across with
at least one closable pet admitting entry,
at least part of the passageway being transparent
so that, when the vest is worn, a pet moving along the passageway across a wearer's body can be viewed by a spectator.
Patent Searching (continued)
http://www.uspto.gov/patft/index.html Boolean Cited/citing patents Assignee information
More sophisticated searches by class and subclass.
Tutorial suggests 30 hours for a good search.
http://www.lib.utexas.edu/engin/patent-tutorial/tutorial/pattut.html
Viewing patents online
To see the document as published at the USPTO website, one page at a time. AlternaTIFF
To quickly download the whole patent or published application. www.freepatentsonline.com
Download file history via PAIR. http://portal.uspto.gov/external/portal/pair
European Patent Office
Similar search strategies Broader coverage than just EPO
Also USPTO and JPO Links to full version of patent (or
application) English abstracts generally available http://ep.espacenet.com/
Business Considerations for Patents
Shelf life of technology Competition Freedom to operate Value of the barrier to entry
Ease of design around? Cost to enforce
Tangible form of expression
Protect works of authorship Reproduction Derivative works Distribution Publication
No tangible form of expression Unrecorded, improvised
speeches (conversations) Titles, short phrases Ideas, procedures,
discoveries, or devices Consider patenting
No original authorship Standard calendars, lists
or tables taken from public documents, white pages telephone listings
Work for hire? prepared by an
employee within the scope of employment; or
specially ordered and on a specific statutory list of items (e.g., contribution to a collective work, instructional text, test or answers for a test); or
express written agreement.
Copyrighted as soon as in “tangible form”
No absolute need to register Don’t even have to have “c in a circle” Legal reasons to register Very long term of protection
©
Words Designs Product
configurations Infinite in duration
so long as mark is still used
Mark must be associated with source of goods or services
™™
Trademarks: Key to Your Business’ Identity
Get it right the first time. Trademark search by a professional. Avoiding a redesign will pay for the search.
Audit your marks from time to time. Your marks change over time with your
business.
Copyright owner must prove Access to copied material and Copying.
Patent owner must prove Infringer is making, using or selling
something that is covered by the patent’s claims.
Access unnecessary. Trademark owner must prove
Likelihood of confusion.
The rules are the same. Still need to pay attention to
copyright Can’t just lift someone’s words
or pictures and claim them as your own
Publishing electronically is still publication for patenting