Intellectual Property Paul H. King, Ph.D., P. E.
Introduction Intellectual Property is defined as products of the human intellect that have economic value copyright 2000 Paul H King
Topics of Discussion Patents Copyrights Trademarks Trade secrets Course conduct copyright 2000 Paul H King
Patents Ultimately property rights and personal rights are the same thing. -- Calvin Coolidge The march of invention has clothed mankind with powers of which a century ago the boldest imagination could not have dreamt. -- Henry George copyright 2000 Paul H King
Patents Description of invention Grant monopoly to holder or assignee 3 types: design, plant, utility copyright 2000 Paul H King
Design Patent test: = design, nonfunctional, new, non-obvious original design or appearance for an article of manufacture 14 year monopoly Statue of Liberty, some toys, shape of mixer, wheel hub ONE claim, embodied in drawing copyright 2000 Paul H King
Plant Patent test: = invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state Algae and macro fungi are regarded as plants, but bacteria are not 20 year monopoly climbing rose, etc 10,000+ patents documentation & claims copyright 2000 Paul H King
Utility Patent = (new+useful+nonobvious) : process, machine, article, composition of matter or (new+useful+improvement thereof) 20 year monopoly includes software copyright 2000 Paul H King
Filing Process, Patenting Do it - invent it, build it. Prove it - document as you go. Witness! Prove it! Patent search. Generate documents (next), file, pay, wait, negotiate Protect it, use it. copyright 2000 Paul H King
Patent Document Title Abstract Drawings Background of invention Summary of invention Description of drawings Claims copyright 2000 Paul H King
Warnings Time limits from publication. Sufficient clarity of claims! Sufficient breadth of claims. Prepare for infringement Be sure of ownership Invention disclosure to Tech Xfer Be sure of “inventive contribution” copyright 2000 Paul H King
Copyrights Cover: literary works movies videos A-V presentations PowerPoint shows photographs sculptures graphics sound recordings architectural works dance choreographs pantomime copyright 2000 Paul H King
Copyrights Must: have fixation have some originality have some creativity be an expression, not an idea or formula be visibly indicated by “© date, name of owner” copyright 2000 Paul H King
Copyrights Continued: optional, 2 copies to LOC w/in 5y +$30 life + 70 (yours) HIRED pub+95y or create +120y infringement: sue for damages copyright 2000 Paul H King
Trademark ® = name/word/symbol unique/dissimilar and used may be reserved, but must be used $250 copyright 2000 Paul H King
Trademark ® WordPerfect ® Pentium ® King’s Skydiving - Good to the last drop! DELL® DIMENSION® infringement: sue for damages copyright 2000 Paul H King
I wanted to get you a stripper for your Birthday….
But I couldn’t decide between the Black and Dekker® and the Stanley® !
Trade Secret ANYTHING that gives you an advantage & has to be “stolen” to immediately help the competition. OFTEN involves NON-DISCLOSURE agreements. Cannot preclude invention by others… Cannot preclude reverse engineering. Example: COKE® copyright 2000 Paul H King
Course Conduct (Faculty Manual) Literary/Artistic Author Work for hire (job assignment) University Technology University + Inventors (%) Exception: outside consulting & research iff agreed upon Understand and document ALL! copyright 2000 Paul H King
Design Course - Intellectual Property Patents, copyrights, trademarks, secrets - know! Project development - document! Publication begins countdown! copyright 2000 Paul H King
I P References http://www.uspto.gov/ US Patent/Trademark Office http://lcweb.loc.gov/copyright/ Copyrights http://www.uspto.gov/web/offices/pac/dapps/pct/pct.htm Patent Cooperation Treaty http://www.library.vanderbilt.edu/central/govt/gvtlaw.html VU Links http://www.vanderbilt.edu/technology_transfer/ VU Tech Transfer copyright 2000 Paul H King