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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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