An introduction to Intellectual property protection TG © Copyright by Stevens Institute of Technology

Agenda Intellectual property: what is protectable? Types of protection: – Patents, industrial secrets, trademarks, copyright, copyleft Patents components, search and filing process Filling an Invention Disclosure Form 2014 © Copyright by Stevens Institute of Technology

What is protectable? a new product a new method a process a new service a new packaging a new design How? patents trade secrets trademarks copyright / copyleft 2014 © Copyright by Stevens Institute of Technology

Patents Utility patents are granted for any new and useful process, machine, manufacture or composition of matter, or improvement thereof, including new uses of old devices or new combinations of well-known components Design patents cover only new design of an object, its appearance Plant patents to cover for asexual reproductions of new varieties of plants All require public disclosure and protect also by infringement due to independent discovery 2014 © Copyright by Stevens Institute of Technology

Requirements for Patents Novelty: any new process, machine, manufacture or composition of matter. Not used, publicly disclosed or offered for sale more than one year prior to filing patent application. Non obvious modification of an existing device Useful Concepts are generally not patentable. The invention is embedded into some concrete device or mechanisms © Copyright by Stevens Institute of Technology

Obtaining a patent A novel idea, embodied into a physical form No later than 1 year after its first public exhibition of the invention patent application must be filed to the patent office The application must disclose the invention to the point that those “ordinarily skilled in the art” can understand and use it Evaluation of non- obviousness and novelty Granting/rejection 2014 © Copyright by Stevens Institute of Technology

Patent search Inventors must search before filing to make sure what they claim is really novel Similar patents must be cited in the application The PTO will perform a search to ascertain the novelty 2014 © Copyright by Stevens Institute of Technology

Example: Marty McFly NIKE power Laces Drawings References Abstract Claim Specifications Filing fee fkkm&feature=youtube_gdata_player 2014 © Copyright by Stevens Institute of Technology Copyrighted materials- Do not distribute without permission of the author

Claim 1 of ‘381 Patent (Apple’s “bouncing” patent)

Trade secrets Knowledge that is kept secret for the purpose to gain an advantage over competitors: processes, formulas, techniques, know-how, business plans, … no formal procedure to obtain a trade secret: protection is established by effort to keep it secret (non disclosure agreements with employees, security, trade secret notice on documents, information to employees) unlike patents, there is no protection from discovery by fair means 2014 © Copyright by Stevens Institute of Technology

Trademarks any word, symbol or combination thereof that is used on goods to indicate their source Ownership excludes others from using the trademark and is obtained simply by being the first to use it search is needed to ensure that the mark is new and no one is already using it can be registered (not compulsory). Registration expires after a number of years and need to be renewed cannot be sold by itself but together with the associated business can be licensed, but provision must be made for quality control by the licenser 2014 © Copyright by Stevens Institute of Technology

Example of Trademarks Registration No. 1,238,853 Registration No. 2,863, © Copyright by Stevens Institute of Technology

Copyright covers all manner of writings, actually protect the expression rather than the idea: books, brochures, catalogs, manuals. Packaging, pictures, software it is usually established when the work is published with a copyright notice. If this is omitted copyright can still be claimed It can be registered and listed into public directories (non compulsory), by depositing copies and paying a fee 2014 © Copyright by Stevens Institute of Technology

Creative commons several copyright licenses that allow the distribution of copyrighted works Licensees may copy, distribute, display and perform the work and make derivative works if they give the author or licensor the credits Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for noncommercial purposes. Licensees may copy, distribute, display and perform only verbatim copies of the work. Licensees may distribute derivative works only under a license identical to the license that governs the original work (copyleft) 2014 © Copyright by Stevens Institute of Technology

Next deliverable – Invention Disclosure form (Lab 4) Make a patent search Fill the Stevens Invention Disclosure form for your poject (available on moodle) – Category of use and general desciption – Utility – Method of use – Novelty – Method of synthesis, assembly or process (only for composition of matter) – Limitations – Possible means of commercialization – Experimental verification – Prototypes or samples – Prior/planned publications – References – Sponsorship (if any) – Potential licensees (if any) Due March 31 st !