Adapted from David G Kay -- SIGCSE 2003 Intellectual Property

Adapted from David G Kay -- SIGCSE 2003 Introduction What is Intellectual Property? Should creators be assured control of their Intellectual Property? How is Intellectual Property Protected?

Adapted from David G Kay -- SIGCSE 2003 Intellectual Property –An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. –Intellectual property may or may not be associated with a patent or copyright or other form of protection.

Adapted from David G Kay -- SIGCSE 2003 Intellectual Property  And thus to warrant protection under the law.  Intellectual property includes but is not limited to ideas; inventions; literary works; chemical, business, or computer processes; and company or product names and logos. Intellectual property protections fall into four categories: copyright (for literary works, art, and music), trademarks (for company and product names and logos), patents (for inventions and processes), and trade secrets (for recipes, code, and processes).  Concern over defining and protecting intellectual property in cyberspace has brought this area of the law under intense scrutiny. n. Content of the human intellect deemed to be unique and original and to have marketplace value -

Adapted from David G Kay -- SIGCSE 2003 Categories of Intellectual Property Patent (Federal Law) Copyright (Federal Law) U.S. Constitution: The Congress shall have power “to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (Art.1, sec.8 cl.8) Trade Secret (Mostly State Law) Trademark (Mostly Federal Promote “fair play” in business.

Adapted from David G Kay -- SIGCSE 2003 Patent Requirements Statutory Criteria  Any new and useful process, machine [article of] manufacture, or composition of matter  Not phenomena of nature, scientific principles, abstract ideas, or pure mathematical formulas  Novelty – does not exist in the “prior art”  What about software? Non-obviousness –At the time the invention was made –To a person “having ordinary skill in the art”

Adapted from David G Kay -- SIGCSE 2003 Copyright Requirements Automatic once work is tangible Copyright notice helpful, but NOT required! Copyright © 2001 by Peter Programmer. All rights reserved Registration optional: It is easy, inexpensive and extremely useful. Why would it be useful, important, or even necessary?

Adapted from David G Kay -- SIGCSE 2003 Copyright Requirements Author exclusively may –Reproduce –Distribute –Create derivative works –Perform or display publicly Infringement is unauthorized use with Substantial similarity Access to copyrighted work

Adapted from David G Kay -- SIGCSE 2003 Copyright Does Not Protect … Independent Creation Underlying ideas Portions in the public domain Aspects dictated by external constraints (e.g. Standards, compatibility, efficiency, common practice) “Fair Use”