Introduction Intellectual property includes the application of property in the areas of trade secrets, patents, trademarks, and copyrights.

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Presentation transcript:

Introduction Intellectual property includes the application of property in the areas of trade secrets, patents, trademarks, and copyrights.

Justification More Productivity Of New Resources Individuals Work Harder To Benefit Selves, Families and Communities U.S. Constitution – To Promote Science and Arts Faster R&D Benefits of Competitive Advantage

Business Assets Tangible Intangible Land Knowledge – Based Resources (Physical) Land Equipment Intangible (Not Physical) Knowledge – Based Resources E.g. Employee Skills & Talents, Inventions, Business Methods

Trade Secrets Economic Value Kept Secret (Reasonable Measures Taken) Knowledge Or Info Economic Value Kept Secret (Reasonable Measures Taken)

Resource Of Copying & Marketing Patents New Invention Legal Monopoly In Resource Of Copying & Marketing

Patent – Exclusive Right To Invention Obtaining a Patent 1. File Application 2. Filing Fee Patent – Exclusive Right To Invention 3. Explain Invention Show Difference From Prior Art 5. Describe Patentable Aspects

Patentability Subject Matter Characteristics Nonobviousness Processes Machines Compositions of Matter Improvements Certain Plants Characteristics Nonobviousness Novelty Usefulness

Current Patent Issues Business Methods Pharmaceutical Patents Human Genes

Trademarks Marks On What Is Produced To Represent The Origin Of Goods & Services Recognizability Or Distinctiveness Protection Against Confusion

Types of Trademarks Lanham Act Of 1946 Trademark Service Mark Certification Mark Collective Mark Trade Dress – Colored Design Or Shape Associated With A Product Or Service

Copyright Monopoly Limited Time Copying Marketing

Copyright Law Property In Creative Expressions Criteria Original Work Fixed In A Tangible Medium Of Expression Must Show Creativity Authors, Not Inventors

Property And Natural Law Philosophical Divisions Law Of People & Gov’t Natural Law Property Rights Part Of Both