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Intellectual Property

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									Intellectual Property
        ISchool 2004
  SciTech Reference Sources
Nature of Property
  Property can be bought, sold, rented, willed,
  inherited, or otherwise possessed.
  It can also be lost, found, stolen, or taxed.
  Property ownership entails many privileges;
  the law speaks of these as a bundle of
  rights.
  Ownership (and transfer) of property can
  involve all, or some, of these rights.
Kinds of Property
  Real property is the land AND any
  improvements permanently affixed to the
  land.
     You search real property through county records.
  Personal property is basically any property
  that is not "real" i.e.. all other property
  other than "the land, and anything
  permanently attached thereto."
Examples of Personal Property
  Stocks, bonds,eg finanical paper
  Clothes & jewelry
  Vehicles
  Personnel positions:books, games, etc.
  Intellectual property
IP is a very special type of
personal property
  Like all property, it can be bought,
  sold, inherited, lost, stolen, or
  otherwise possessed.
  Unlike other types of property,
  intellectual property involves a
  governmental grant of limited rights
  and protections... for a specific period
  of time..
Types of IP
  Trade secrets
  Business names, DBA
  Copyright
  Trademarks
  Patents
Type 1:Trade Secrets
  Confidential information referred as
  trade secrets.
     E.g. formulas, business methods
  Do-it-yourself form of protection.
  There is no place to register a trade
  secret.
  Secrets are protected by…..secrecy.
 Type 2: Business Names
DBA or Doing business as
Partnerships
Limited Liability
Incorporations
Rules of jurisdiction
Searched…in jurisdiction
   Dba-county
   Incorporation-state
Type 3:Copyright
  Protects against the literal copying of
  artistic works.
  Artistic works ..definition
  Two types:
     Registered
     Common Law
  Search ownership—legal action
  Infringement-legal
What can you copyright?
  Written word
  Spoken word
  Visual images: still and moving
     Paintings, collages, photographs, digital
  Choreography
  Statuary, sculpture
What can’t you copyright
  Logos
  Phrases
  Quotations
  Titles
  Paraphrasing
  Jokes
  Designs
Type 4:Trademarks
A trademark includes any word, name,
  symbol, or device, or any combination,
  used, or intended to be used, in
  commerce to identify and distinguish
  the goods of one manufacturer or
  seller from goods manufactured or sold
  by others, and to indicate the source
  of the goods.
Service Mark
A service mark is any word, name,
  symbol, device, or any combination,
  used, or intended to be used, in
  commerce, to identify and distinguish
  the services of one provider from
  services provided by others, and to
  indicate the source of the services
Certification Mark
A certification mark is any word, name,
  symbol, device, or any combination, used, or
  intended to be used, in commerce with the
  owner’s permission by someone other than
  its owner, to certify regional or other
  geographic origin, material, mode of
  manufacture, quality, accuracy, or other
  characteristics of someone's goods or
  services, or that the work or labor on the
  goods or services was performed by members
  of a union or other organization.
Collective Mark
A collective mark is a trademark or
  service mark used, or intended to be
  used, in commerce, by the members of
  a cooperative, an association, or other
  collective group or organization,
  including a mark which indicates
  membership in a union, an association,
  or other organization.
Four Trademark Jurisdictions
  United States
  Individual U.S. states
  Common Law
  Other countries
Good for ever as long as
  Registered owner pays fees
  Owner diligently protects against
  infringement
  Owner does not abandon
  Most valuable type of IP—good forever!
Type 5: Patents


A patent is the right of ownership granted by
   the government to a person.
It gives the person the positive right to sell his
   or her invention in whole or in part and the
   negative right to exclude others from
   making, using or selling the "claimed"
   invention throughout the jurisdiction.
Granted for 20 years, provided the relevant
   fees are paid.
Patent Caveats
  The patent does not grant the inventor
  the unrestricted right to make or sell
  the invention, if doing so would
  infringe on the rights of others.
  Can not be renewed.
What can be patented
  New   machine
  New   manufactured product
  New   Composition of matter
  New   design
  New   asexual plant reproduction
What can’t be patented: A


Ideas, results, mathematical symbols or
  functions, laws of nature, or scientific
  principles.
What can’t be patented: B
  Known or used by others before the
  applicant's invention.
  Invention patented or described in a printed
  publication.
  Invention in public use or on sale one year
  prior to application.
  Abandonment.
  Invention patented on a foreign application
  filed more than 12 months before the U.S.
  filing.
  The applicant is not the first inventor.
What can’t be patented: C
  Substitution of a superior for an inferior
  material
  Change in size
  Change in form or shape
  Mere provision of adjustability
  Omission of a part and its function
  Use of old art or process for a new or
  original purpose
  Mere aggregation
  Obviousness
Who can patent in US

An actual person—homo sapien—dead or
 alive as long as when living they were
 the true inventor
Any age, gender, race, citizenship.
Who can’t be an inventor?
  Companies—they can own patented
  inventions but they can’t invent.
Patent Pending
"patent pending" and "patent applied"
  for mean?"
These phrases are used to inform the
  public that the inventor has filed an
  application–with some patent granting
  body. U.S. and European law imposes
  fines for falsely using these terms.
What happens when a patent
expires:
It goes into the public domain and
   anyone can make, sell, or use the
   invention without the owner's
   permission. All legal rights expire.

This is true in every jurisdiction.
Patent Granting Agencies
  U.S. Patent and Trademark Office
  Other countries patent offices
     In language of country
  No international patent protection
Can an invention have both
a copyright and a patent?

No, copyright protects against literal
 copyright or reproduction of text or
 works-of-art, it does not protect ideas
 or inventions. However, it is possible
 to copyright the directions or operating
 instructions of an invention.
Differences between Design
patent and Copyright
Statues or other art objects are
  protected under U.S. copyright law as
  works-of-art.
Works-of-art by legal definition have no
  function, they exist to exist.
Design patents, on the other
  hand, protect the look of integral parts
  of manufactured products.
Can something have every
type of IP protection?
  Invention patented
  Product created from invention
  trademarked
  Instruction book for product
  copyrighted
  Trade secret on manufacturing method
Trademark Searching
  Owner
  Words
  Images
  Categories
Patent Searching
  Inventor
  Registered owner
  Classification
  Key words
Key word searching-caveats
  Merely descriptive language
  Granted on how something works not
  its application
  Titles and abstracts meaningless but
  can’t be inacurate.
Let’s try some searching@!

								
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