Welcome to IST e-Lab Entrepreneurship Lab, 3rd Session, 06 November 2017
e-Lab Course Outline Introduction & Team Formation [23.10.2017] Legal Fundamentals [30.10.2017] Protecting Ideas / IP Basics [06.11.2017] Communicating Ideas / Sales [13.11.2017] Funding Ideas / Financial Planning [20.11.2017] Special Legals [27.11.2017] Regulatory Affairs [04.12.2017] Pitching Session [11.12.2017]
Intellectual property basics
Agenda for Today Types of intellectual property Special case: Software Patents Registered designs Copyright Trade marks Trade secret / know-how Special case: Software IP strategy considerations
Why should anyone bother about IP? Does it hurt?
Apple has struck cross-licensing agreements with foes in the past Apple has struck cross-licensing agreements with foes in the past. That includes a patent deal with Microsoft as part of its investment in Apple in 1997, as well as one with Nokia in 2011 that gave the both companies the option to license certain patents from one another.
Types of intellectual property
Types of intellectual property Patents Registered Designs Copyright Trademarks Trade secrets / know-how
Naturally occuring substances may not be patented under US law Patents 20 year monopoly for commercial exploitation in return for full disclosure of invention. Invention must be: of patentable subject matter novel inventive capable of an industrial application Naturally occuring substances may not be patented under US law
Patent timeline 12 months 30 months Patent prosecution = patent pending Conception Patentability assessment Provisional patent application PCT National phase Granted patent
Patent costs Assumptions: [EUR) [years] Patent granted National phase PCT Assumptions: Patent lists 15 claims, 10 territories (4 – 5 translations) Prosecution of patent EUR 10-20k per territory Provisional aplication
Registered designs Protects the shape and appearance of a product. Must be new (less than one year old). Must not be a naturally occuring shape. Lasts up to 25 years from filing.
Copyright Applies to literary and artistic work. Moral rights vs economic rights. Unregistered designs („passing off“). Copyright protection lasts 50 / 70 years after the death of the author. Software: principal protection is copyright. Genetic copyright?
Trade marks Trade names, logos, jingles. Same name may be registered for different uses (classes). Trademarks usually last for 10 years but may be renewed indefinitely on payment of additional fees.
Trade marks Genericised trademarks Trade names, logos, jingles. Same name may be registered for different uses (classes). Trademarks usually last for 10 years but can be renewed indefinitely on payment of additional fees. Genericised trademarks
Trade secret / know-how Shhh……it‘s a secret!
Software
Software: different people hold different IP rights Author Contributor Inventor
Software copyright
Software: principal protection is copyright Application software System software Software tools Databases Audio-visual designs and structures Manuals, guides, documentation New copyright provided you have not contacted the original author.
Software: principal protection is copyright The software does not need to be complete or functional. Copyright may also cover audio-visual aspects (e.g. user interface) and manuals and user-guides. It applies to works as perceived directly or with the aid of a machine: source code and object code are considered equivalent. Copyright may also include original information and content. Inadvertent copying may create new original work, especially where the source code may not be accessible. Derivative copyright is possible but implies no loss of pre-existing rights. Copyright does not require registration but well documented version control in a public-domain system can be highly valuable in litigation.
Software patents
Software patents: protecting the method. Software patents can protect a method and used together with copyright. Default is not to use patents for software because: Patents are expensive. The software lifecycle is usually much shorter than the patent lifecycle. Patents teach the method: the software can be recreated without infringing. Methods can be kept confidential if only object code is distributed. Software patent legislation is complex, inconsistent, diverse. Software patents are difficult to enforce or vulnerable to litigation. Consider patenting where it is the idea that is unique / novel / of high-value.
…and these are just the building blocks of your IP strategy
IP strategy considerations Know what your company‘s intellectual property is, and take care of: When and when not to speak about technology details (confidentiality agreements) Version control Correct author attribution Classification of data (commercially sensitive / confidential) Social Engineering / Security policy Will more patents make you more investible? Can you keep a (trade) secret? Copyright – adaptation of work? Make use of patent databases (Espacenet, PatSnap, Innography, etc) Respect other companies‘ intellectual property. Get a (very) good IP manager. Find a (really) good patent attorney.
e-Lab Course Outline Introduction & Team Formation [23.10.2017] Legal Fundamentals [30.10.2017] Protecting Ideas / IP Basics [06.11.2017] Communicating Ideas / Sales [13.11.2017] Funding Ideas / Financial Planning [20.11.2017] Special Legals [27.11.2017] Regulatory Affairs [04.12.2017] Pitching Session [11.12.2017]