Intellectual Property and Entrepreneurship Law Clinic 1.

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Presentation transcript:

Intellectual Property and Entrepreneurship Law Clinic 1

Forms of IP 1. Trademarks 2. Copyrights 3. Patents 4. Trade Secrets 2

Forms of IP 1. Trademarks (service marks): Distinctive logo/sign or other indicator Used to identify products and services Originate from a unique source Distinguish products or services from other sources/entities. 3

Forms of IP 2. Copyrights: – Does not protect ideas, only their manner of expression – Registration – not required for protection Needed for damage recovery – Governed by Federal statute - Copyright Act of 1976 – Rights : Reproduce; Distribute; Perform; Display; Create Derivative Works – Entities can be owners – Term: 70 yrs. plus life OR 95/120 yrs from publication/creation – Subject to Fair Use – Can be contracted away by open source incorporation 4

Forms of IP 3. Patents: – Protect ideas – 20 years from filing – Negative Right: Right to exclude others – Ownership: Owned by individuals but assignable Marking requirements needed – Types : Utility, Plant, Design Utility : Provisional and/or Non Provisional – Subject to Statutory Requirements: i.Useful ii.Novel iii.Non Obvious Watch out for Disclosure/On-sale Bar as statutory limitations Watch out for Open source – viral effects 5

Forms of IP 4. Trade Secret(s): – Protection period – Unlimited If discovered/reverse engineered – no longer protected – In some jurisdictions may need it to actually be "confidential information" or "classified information – Some states need processes for keeping them secret – All published works (Copyrights, patents etc.) become public (can remain secret longer if affirmative steps are taken) 6

Top Ten Dont Do List 7 6.Dont forget to mark your products/goods appropriately 4.Dont forget to request for non-publication when applicable 5.Dont file a patent application on ideas you want to keep a trade secret 7.Dont believe in free lunches - Open Source does not mean free 9.Dont contaminate yourself/your employees with ideas of others 8.Dont click (agree)/incorporate just any software in your program 2.Dont let your provisional application lapse 1.Dont talk - to anyone without a confidentiality agreement 3.Dont forget about the On-Sale Bar 10.Dont confuse patents, trademarks and copyrights with one another

Contact Information Intellectual Property Clinic (860) Pitkin Street East Hartford, CT Lily Neff