1. Defend Trade Secrets ACT Of May 11, Presented to ENTELEC By: Wendy Buskop Managing Patent Attorney

2. “Defend Trade Secrets Act
What is the
“Defend Trade Secrets Act
of May 11, 2016 ?

3. A NEW LAW: That Creates 2 Federal Criminal Penalties 4 Federal Civil Remedies For theft of Trade Secrets

4. Who am I ?

5. Managing Patent Attorney for a Law Firm which for 16 Years has been Top WINNER Based on number of issued patents “Intellectual Pro 16 perty Today Magazine “

6. We have a WORLD-WIDE reach. We file and issue patents and trademarks.
Our Law firm obtains patents from U.S. A. and foreign government patent offices
We have a WORLD-WIDE reach.
We file and issue patents and trademarks.

7. Our Law Firm has been in business 24 YEARS as of August 2016
Buskop Law Group is based in Houston Texas
Buskop Law Group has clients in 35 states and
Buskop Law Group has clients in 22 foreign countries

9. Buskop Law Group Is A Non-Litigating Patent &Trademark Law Firm Since 1992

10. Types of Intellectual Property
New Federal Trade Secrets
Patents
Trademarks
Copyrights

11. 6 Steps needed under the New Defend Trade Secrets Act
Step 1 – Buy a Stamp, Stamp “trade secret” on
trade secrets, add company name and year
Simply stamping confidential is NO LONGER GOOD ENOUGH!
Patents

12. 6 Steps needed under the New Defend Trade Secrets Act
Step 2 – Check employee agreements, insert the word “trade secrets” into the document
Using “confidential and proprietary” is
NO LONGER GOOD ENOUGH!
Patents

13. 6 Steps needed under the New Defend Trade Secrets Act
Step 3 – Review customer secrecy/nondisclosure /confidentiality agreements insert “trade secret” into documents
Simply stamping confidential is NO LONGER GOOD ENOUGH!
Patents

14. 6 Steps needed under the New Defend Trade Secrets Act
Step 4 – Buy a log book, buy visitor badges
Have every visitor sign in and know trade secrets are in the facility & make visitors wear badges
Patents

15. 6 Steps needed under the New Defend Trade Secrets Act
Step 5 – Have a company policy to treat trade secrets with a level of protection – passwords, priority access, restrictions on leaving facility
Patents

16. 6 Steps needed under the New Defend Trade Secrets Act
Step 6 – Have employee meetings regularly to remind them trade secrets exist and the company policy
Patents

17. What are the Criminal Penalties under the Defend Trade Secrets Act?
Patents

18. Patents
Up to 10 years in jail

19. What are the Criminal Penalties under the Defend Trade Secrets Act?
Patents
What are the Criminal Penalties under the Defend Trade Secrets Act?

20. Patents
A $5,000,000 fine

21. What are the 4 Civil Penalties under the Defend Trade Secrets Act?
Patents
What are the 4 Civil Penalties under the Defend Trade Secrets Act?

22. Civil Penalty #1A Actual Damages
Patents
Civil Penalty #1A Actual Damages
Civil Penalty #1B Double Actual Damages if action was willful and malicious

23. Civil Penalty #2
An injunction
Patents

24. Patents
Civil Penalty #3
Attorneys’ fees

25. Patents
Civil Penalty #4
Seizure

26. CAN TRADE SECRETS BE PATENTED?
Patents
CAN TRADE SECRETS BE PATENTED?
Maybe……

27. Patents What things can be patented?
Not previously disclosed software for metering

28. Patents What things can be patented?
Not already disclosed or commercially used
Methods to determine functional life of equipment in a manufacturing facility

29. What things can be patented?
Patents
What things can be patented?
Undisclosed Tracking Software
Undisclosed SCADA related apps

30. Patents What types of patents can issue?
Systems which have not been disclosed
A system can be an encryption system.

31. What things can be patented?
Patents
What things can be patented?
Gadgets and Gizmos for pipeline management and monitoring that have not been disclosed

32. All kinds of methods…..sequences or steps…that have not been disclosed
Patents
What can be patented?
All kinds of methods…..sequences or steps…that have not been disclosed

33. WHY PATENT? It protects trade secrets until the patent issues

34. A patent is… a development tool

35. A patent is… a message to customers, that the patent holders are thinking, creative & clever

36. Patent Pending
A patent is… eye catching, show stopping, when used on a tradeshow display

37. PATENT PENDING
A patent is… a message to competitors, to stay away from the patent owner’s market share

38. A patent is… an excuse for a press release

39. A patent is… a marketing tool for the invention on the owner’s website

40. A patent is… a powerful message in presentations with customers

41. A patent can… secure invitations to trade group speaking engagements

42. A patent is… a reason to call a potential customer “good news”

43. A patent is… tweetable! Patents can be discussed in a a tweet to attract customers using Twitter®

44. A patent is… a message to investors that the company value is increasing

45. A patent is… used to win technology awards

46. An issued patent is… an award!

47. A patent is…
a video opportunity! A video about a patent filing on a website can improve the website search position with Google®

48. a YouTube® opportunity.
A patent is…
a YouTube® opportunity.

49. A patent can… attract investors

50. A patent is… blog material
A patent is… blog material! The patent can be discussed in blogs to attract customers

51. A patent is… a symbol of innovation, when the patent is referenced in brochures

52. A patent can… Attract invitations to TV or radio interviews

53. What else can be patented?
Patents
What else can be patented?
Control systems!!!

54. Patents
What can be patented?
Pumps
Meters
Gauges

55. Methods to monitor fuel levels Methods providing alarms for vessel sensors
Patents

56. Its all about Time & Quality!
Buskop Law Group can draft and file a patent application in about 30 days and a trademark in about 10 days
Its all about Time & Quality!

57. Patent Applications can be filed as:
provisional applications
non-provisional applications
Patent Applications can be filed as:

58. 100% Described Provisional Patents
Provisional Patent applications must meet 35 United States Code Section 112, which demands a full and enabling disclosure
100% Described

59. Provisional Patents Provisional Applications do not become patents
Provisional Applications must be modified into non-provisional utility patent applications within 12 months
Provisional Applications are placeholders

60. Provisional Patents
Provisional patent applications last only 1 year and then must be filed as a non-provisional utility patent application or the applicant loses all rights

61. Non-Provisional Patents
Non-Provisional Utility Patent Applications must contain five important components:

62. Non-Provisional Patents
#1 Benefits of the Invention #2 Claims describing the Invention #3 Detailed Description of the Invention #4 An example of how the invention works #5 Figures describing the nouns & verbs used in the claims

63. Provide notice!
Here is a “Notice” Checklist [ ] Websites [ ] Brochures [ ] Catalogs [ ] Trade Show materials [ ] Power Point Slide shows [ ] Advertisements [ ] Proposals [ ] s [ ] Press Releases [ ] Letterhead [ ] Business cards [ ] Products sold or offered for sale

64. What are Trademark?
A trademark identifies and distinguishes the source or origin of the goods of one party from another party.
A service mark identifies and distinguishes the source or origin of a service of one party from another party.

65. Trademarks
The 5 usual types of trademarks are: Word Marks Logo Marks Color Marks Sound Marks Slogan Marks

66. Copyrights

67. An original artistic expression fixed in a tangible medium
What is a Copyright?
An original artistic expression fixed in a tangible medium

68. Thank you !
Please ask for our free information: Wendy Buskop Managing Patent Attorney The Buskop Law Group Dacoma, Houston, Texas