Ignite Technology Transfer Office INTELLECTUAL PROPERTY RIGHTS Lily O’Brien IP & Commercialization Contracts Manager Ignite Technology Transfer Office National University of Ireland, Galway

WHAT IS INTELLECTUAL PROPERTY (IP)? IP –A product of the mind which has some value in the market place Invention Idea Industrial Process Computer Program Brand Name Chemical Formula Ignite Technology Transfer Office

WHAT ARE INTELLECTUAL PROPERTY RIGHTS (IPR)? IPR –Legal entitlement to protect IP –Generally must be registered –Territorial –Can be exploited – commercial value –Allows holder/owner to exert exclusive rights of use in relation to the specific subject matter Ignite Technology Transfer Office

EXAMPLES OF IPR’s Patent Trade marks Copyright Design Rights [Know-how] Ignite Technology Transfer Office

WHAT USE IS IP? IP –Can be brought and sold, licensed –Can be used to raise money Ignite Technology Transfer Office

PATENTS Patent –Legal title for protection of an invention New and improved processes and products that are capable of industrial application –Registered –Granted by patent office for limited period –Title Provides owner with a monopoly on exploitation; and Enable owner to prevent others from using the invention (in the country in which it was granted) Ignite Technology Transfer Office

PATENTS Patent –Flying machine Ignite Technology Transfer Office

PATENTS Patents are assertive, not passive, you must assert your right Patent rights are limited geographically Ignite Technology Transfer Office

PATENTS What can be patented? –Processes (method of doing something) –Machines (anything with moving parts) –Manufacture (anything that is made) –Composition of matter (chemicals and mixtures) Ignite Technology Transfer Office

PATENTS What can’t be patented? –Plant or animal varieties –“Morally objectionable” inventions –Human cloning Ignite Technology Transfer Office

THE PATENT PROCESS Requirements for a Patent –Novel –Inventive step –Capable of industrial application –Must not fall into the ‘excluded’ category for non- patentable matter Process takes approx 42 months from application to grant Ignite Technology Transfer Office

PATENTS How to kill a patent before you start –Disclosure – inventions need to be novel!! Publishing (article, abstract, web) Presentation Oral disclosure e.g. talking to a company –Unless in the US – 1 year grace from initial disclosure – rules changing!! –Inadequate record keeping Ignite Technology Transfer Office

TRADE MARKS Trade marks –Symbol by which goods of a particular trader can be identified and distinguished from others –Brand identity –Provide protection for the goodwill and reputation of a trader –Goods and services – as opposed to just goods –Can be a word, signature, a picture, a symbol, a logo or a combination of these –Initially 10 years –Can lapse Ignite Technology Transfer Office

TRADE MARKS Trade marks –Brand identity –Guinness® – the Harp symbol Ignite Technology Transfer Office

COPYRIGHT Copyright –Protects the rights of a creator of original literary, dramatic, musical and artistic works, sound recordings, films, videos, broadcasts, computer programs and databases –No formal registration or application –Generally lasts for 70 years after authors death –Does not provide protection for the ideas or concepts but protects the ‘expression’ of the ideals and the concepts Ignite Technology Transfer Office

COPYRIGHT Copyright –Allows creators to control the use and exploitation of their works –Covers copying, adapting, publishing, performing and broadcasting Ignite Technology Transfer Office

DESIGN RIGHTS Design Rights –Design – “the appearance of the whole or part of a product resulting from special features of the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation” –Traditionally protected the ‘artistic’ or ‘aesthetic’ features of a design –Now, ‘individual character’ of a design Produces an overall impression –5 years - extendable –Registered Community Design –Unregistered Community Design Ignite Technology Transfer Office

KNOW-HOW Know-How –Relates to a technology process or manufacturing method – which is not patented –Can be just as valuable as a piece of IP or patent – can be licensed –Strategic business decision –Value relies on it being maintained as a trade secret Should be marked ‘confidential’ Ignite Technology Transfer Office

PRODUCTS MAY HAVE MORE THAN ONE FORM OF IP Patent Trade mark Copyright Ignite Technology Transfer Office

HOW TO MAKE MONEY FROM IP Assign Licence Ignite Technology Transfer Office