1. How To Protect Intellectual Property:
5/3/2018
How To Protect Intellectual Property:
Michael Staggs, JD Patent Portfolio Manager, Office of Commercialization October 6, 2015

2. 5/3/2018
Introduction
IP law and its’ interpretation is a very complex and a constantly changing subject.
The laws vary from country to country, and the interpretation of them changes over time as courts react to changing political and social conditions.
Our goal is to get everyone excited about and interested in commercializing their research.
A brief overview of process, resources and then we can talk through any questions you may have.
Want this to be interactive.

3. What is Intellectual Property (IP)?
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What is Intellectual Property (IP)?
Property created in the mind. Creativity and innovation can be owned (and licensed and sold) in the same way as physical property.

4. IP Protection - What is it?
Understanding how we protect our IP, and how we can destroy it.
Trademarks
Copyright
Trade secrets
Inventions
Patents

5. What is a Trademark?
A Trademark can be almost anything:
A word or phrase,
A logo,
A slogan,
A distinctive shape,
A look,
A color scheme,
A feel,
A smell,
A musical tune,
Or anything else that a consumer might associate with a product.
The goal is to prevent “confusion” between products, to protect both buyer and seller.

6. When Does Trademark “Infringement” Occur
Polaroid Factors
 The strength of plaintiff’s trademark.
  The similarity between the trademarks.
 The proximity of the products or services.
 The likelihood that plaintiff will bridge the gap.
  Evidence of actual customer confusion.
 Defendant’s good faith in adopting the trademark.
 The quality of defendant’s product or service.
  The sophistication of the buyers.

7. Example of Trademark Confusion
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Example of Trademark Confusion
Victor Mosely and Cathy Mosely , dba Victor’s Little Secret V Secret Catalogue, Inc.
Victoria’s Secret
Victor’s Secret
Victor’s Little Secret

8. Copyrights ©
Protects an author’s artistic expression in a literary work, musical work, computer software, video, motion picture, sound recording, photo, sculpture, etc.
Can register the “work” with the US Copyright Office ($45).
“For works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.”

9. Copyrights ©- Infringement
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Copyrights ©- Infringement
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

10. Trade Secrets (state law)
Product Formulas, Production Processes. Protects: commercially valuable, protected information for a competitive edge. Term: as long as it remains a secret.
Protects: commercially valuable, protected information. Term: as long as it remains a secret.
Identify trade secrets
Limit internal exposure to trade secrets
Make sure visitors sign NDAs
Use trade secrets hand in hand with patents by protecting the broad concepts with patents and using trade secrets to protect the production details.

11. What is a Patent ?
In reality, a patent gives the inventor only one thing.
The right to stop anyone doing what is covered by the claims of the patent.
It does not give you the right to practice your invention
Example: Rocking chair
Adam has an early patent on a 4 legged chair. John has a later one on a 4 legged chair with rockers.
Adam can make his chairs, but he can’t make rocking chairs.
John can’t make his chair unless he gets a license to Adam’s patent.
So if either want to sell rocking chairs they have to cooperate, or litigate

12. What is an invention? To be patentable It has to be new
It can’t be obvious
It has to be useful
It can’t have been made public
In a publication
Public disclosure
Offered for sale
Examples:
An invention can be a completely new type of apparatus or system
An improvement of an existing design
A method of using a system
Anything new that we do has the potential to be an invention that you can turn into a patent

13. What Can You Do? Don’t disclose
Think about what you are developing Is it inventive? File an invention disclosure
File a patent application Make sure it is filed before you disclose

14. Examples of IP Protected
MAPS™
Cosmic Crisp™
HEATHSUM™
Copyright

15. 5/3/2018
Thank you!