Intellectual Property 10/2/2017 12:39 AM Intellectual Property What the General Practitioner Should Know By Chris Michelone Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

Four major areas of IP: Trademarks Copyrights Patents Trade Secrets 10/2/2017 12:39 AM Four major areas of IP: Trademarks Copyrights Patents Trade Secrets Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know .

Trademarks SHEETZ MTO® 10/2/2017 12:39 AM Trademarks Definition: A symbol, word, or, words, legally registered or established by use as representing a company or product. Trademark law protects an owner’s property interest in its branding. Word marks: Design marks: SHEETZ MTO® Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Sources of Law Trademark Law is a creature of both federal and state law. Lanham Act – 15 U.S.C. § 1051 et seq. Sets up registration process through US Patent and Trademark Office Protects registered and unregistered marks State unfair competition law “Passing off” goods as the goods of another is unlawful. Pennsylvania State Univ. v. Univ. Orthopedics., 706 A.2d 863 (Pa. Super. Ct. 1998). Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

Distinctiveness APPLE® 10/2/2017 12:39 AM Distinctiveness Trademarks must be distinctive to achieve protection Five levels of distinctiveness – Strongest to Weakest Fanciful – Made up, or coined, words APPLE® Arbitrary – common words whose meaning has nothing to do with the product or service they brand Suggestive – indicative of nature of product it brands without describing the product Descriptive – describes the product or service it brands. Must achieve “secondary meaning” to achieve protection. Generic – a verbatim statement of the product of service. No trademark protection available Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

Trademark Infringement 10/2/2017 12:39 AM Trademark Infringement Use of a mark that creates a substantial likelihood of confusion with an existing mark. AMF, Inc. v. Sleepcraft Boats, 599 F.2d 341 (9th Cir. 1979) In determining whether infringement has occurred, Courts primarily look to: The strength of the mark allegedly being infringed The similarity between the two marks The similarity between the goods and services sold under the two marks Remedies for Infringement: Injunctive Relief Actual Damages Statutory Damages Attorney’s Fees Ex parte seizure (in the case of counterfeit goods) Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.

10/2/2017 12:39 AM Copyrights Definition – original works of authorship fixed in any tangible means of expression. 17 U.S.C. § 102 Copyright protection attaches upon authorship and lasts for 70 years after the author’s death. Registration with the United States Copyright Office is allowed but not necessary. Copyright protection is available for: And much much more… Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Source of Law Article I, Section 8, Clause 8 of the U.S. Constitution empowers Congress: “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.” And so…Congress passed the Copyright Act of 1976 – 17 U.S.C. § 101 Last major copyright act before 1976 was enacted in 1909 Passed in response to earthshaking changes in technology since 1909 The current Director of the U.S. Copyright Office, Maria Pallante has indicated that for the same reasons, it’s time to pass a new Copyright Act The 1976 Act grants exclusive rights in copyrighted works to their author – § 106 Right to reproduce Right to prepare derivative works Right to copy, distribute and perform Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

Copyright Infringement 10/2/2017 12:39 AM Copyright Infringement Copyright infringement is simply the violation of these exclusive rights without permission - § 501 Remedies for Copyright Infringement: Injunctive relief Impounding infringing articles Actual and statutory damages Costs and attorney’s fees Criminal Sanctions However…some unauthorized uses of copyright material are not infringement: The Fair Use Doctrine (§ 107) The fair use doctrine provides a defense to infringement where the copyrighted material is used for purposes of criticism, comment, news reporting, teaching, Scholarship, or research. Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Patents “Whoever invents or discovers any new or useful process, machine, manufacture, or composition of matter, or any new or useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. § 101. Boiled down, this means that patentable subject matter must be: A process, machine, manufacture, or composition of matter AND Not be a law of nature, physical phenomenon, or abstract idea There are three types of patents: Utility patents – new and useful processes or machines (patentable based on what it does) Design patents – new, original, and ornamental design for an article of manufacture (patentable based on how it looks) Plant patents – invention or discovery of a new variety of plant Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Source of Law The U.S. Constitution empowers Congress to protect inventions and discoveries under Article I, Section 8, Clause 8. The American patent system is governed by the Patent Act (35 U.S.C. § 1 et seq.) and Administered by the United States Patent and Trademark Office. Patents may only be granted to inventions that are “novel” (§ 102) - They cannot be previously available to the public. - They cannot be subject to a previous patent application. Patents may also only be granted to inventions that are not “obvious” You MUST file a patent application in order to receive protection under the Patent Act. Once issued, patents give the owner exclusive rights to the invention for: - 20 years for utility and plant patents - 15 years for design patents Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Patent Infringement Patent infringement is the making, using, selling, offering, or import of a patented invention without the permission of the patent owner. Remedies for Infringement Injunctive relief Actual damages (a reasonable royalty) “Increased” damages of up to three times actual damages Attorney’s fees Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

Trade Secrets Source of Law A trade secret is any confidential information held by a person or business that derives independent economic value because it is generally not known to others and the owner has taken reasonable measures to keep such information secret. 18 U.S.C. § 1839. Examples of Trade Secrets: - Coca-Cola formula - Confidential customer lists - Unpatented or unpatentable processes Source of Law Historically, trade secret protection has been governed by the Uniform Trade Secrets Act, as enacted by almost every state in the union. However, in 2016, Congress passed, and the President signed, the Defend Trade Secrets Act of 2016. This is the first federal codification of trade secret law, but it largely follows the UTSA. Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

Misappropriation of Trade Secrets Misappropriation of trade secrets is defined under 18 U.S.C. § 1832 as: Stealing or appropriating trade secrets without authorization; Copying, duplicating, sketching, or photographing trade secrets without authorization; or Receiving, purchasing, or possessing trade secret information knowing it to be stolen or obtained without authorization Remedies for misappropriation Injunctive relief Actual damages Exemplary damages Attorney’s fees Ex parte seizures (in limited cases) Trade secrets remain protected so long as the information remains secret, and can potentially last until the end of time. Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know

10/2/2017 12:39 AM Thank you! Contact information: Chris Michelone ctmichelone@mqblaw.com 814.283.2000 www.mqblaw.com Blair County Bar Association YLD Committee Intellectual Property: What the General Practitioner Should Know © 2007 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries. The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.