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
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
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
Personnel positions:books, games, etc.
IP is a very special type of
Like all property, it can be bought,
sold, inherited, lost, stolen, or
Unlike other types of property,
intellectual property involves a
governmental grant of limited rights
and protections... for a specific period
Types of IP
Business names, DBA
Type 1:Trade Secrets
Confidential information referred as
E.g. formulas, business methods
Do-it-yourself form of protection.
There is no place to register a trade
Secrets are protected by…..secrecy.
Type 2: Business Names
DBA or Doing business as
Rules of jurisdiction
Protects against the literal copying of
Artistic works ..definition
Search ownership—legal action
What can you copyright?
Visual images: still and moving
Paintings, collages, photographs, digital
What can’t you copyright
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.
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
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.
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
Individual U.S. states
Good for ever as long as
Registered owner pays fees
Owner diligently protects against
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.
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 manufactured product
New Composition of matter
New asexual plant reproduction
What can’t be patented: A
Ideas, results, mathematical symbols or
functions, laws of nature, or scientific
What can’t be patented: B
Known or used by others before the
Invention patented or described in a printed
Invention in public use or on sale one year
prior to application.
Invention patented on a foreign application
filed more than 12 months before the U.S.
The applicant is not the first inventor.
What can’t be patented: C
Substitution of a superior for an inferior
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
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" and "patent applied"
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
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 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?
Product created from invention
Instruction book for product
Trade secret on manufacturing method
Key word searching-caveats
Merely descriptive language
Granted on how something works not
Titles and abstracts meaningless but
can’t be inacurate.
Let’s try some searching@!