1. Intellectual Property
Paul H. King, Ph.D., P. E.

2. Introduction
Intellectual Property is defined as products of the human intellect that have economic value
copyright 2000 Paul H King

3. Topics of Discussion Patents Copyrights Trademarks Trade secrets
Course conduct
copyright 2000 Paul H King

4. Patents
Ultimately property rights and personal rights are the same thing Calvin Coolidge
The march of invention has clothed mankind with powers of which a century ago the boldest imagination could not have dreamt Henry George
copyright 2000 Paul H King

5. Patents Description of invention Grant monopoly to holder or assignee
3 types: design, plant, utility
copyright 2000 Paul H King

6. Design Patent
test: = design, nonfunctional, new, non-obvious original design or appearance for an article of manufacture
14 year monopoly
Statue of Liberty, some toys, shape of mixer, wheel hub
ONE claim, embodied in drawing
copyright 2000 Paul H King

7. Plant Patent
test: = invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state
Algae and macro fungi are regarded as plants, but bacteria are not
20 year monopoly
climbing rose, etc 10,000+ patents
documentation & claims
copyright 2000 Paul H King

8. Utility Patent = (new+useful+nonobvious) :
process, machine, article, composition of matter
or (new+useful+improvement thereof)
20 year monopoly
includes software
copyright 2000 Paul H King

9. Filing Process, Patenting
Do it - invent it, build it.
Prove it - document as you go. Witness!
Prove it! Patent search.
Generate documents (next), file, pay, wait, negotiate
Protect it, use it.
copyright 2000 Paul H King

10. Patent Document Title Abstract Drawings Background of invention
Summary of invention
Description of drawings
Claims
copyright 2000 Paul H King

11. Warnings Time limits from publication. Sufficient clarity of claims!
Sufficient breadth of claims.
Prepare for infringement
Be sure of ownership
Invention disclosure to Tech Xfer
Be sure of “inventive contribution”
copyright 2000 Paul H King

12. Copyrights Cover: literary works movies videos
A-V presentations PowerPoint shows
photographs sculptures graphics
sound recordings architectural works
dance choreographs pantomime
copyright 2000 Paul H King

13. Copyrights Must: have fixation have some originality
have some creativity
be an expression, not an idea or formula
be visibly indicated by “© date, name of owner”
copyright 2000 Paul H King

14. Copyrights Continued:
optional, 2 copies to LOC w/in 5y +$30
life + 70 (yours)
HIRED pub+95y or create +120y
infringement: sue for damages
copyright 2000 Paul H King

15. Trademark ® = name/word/symbol unique/dissimilar and used
may be reserved, but must be used
$250
copyright 2000 Paul H King

16. Trademark ® WordPerfect ® Pentium ®
King’s Skydiving - Good to the last drop!
DELL® DIMENSION®
infringement: sue for damages
copyright 2000 Paul H King

17. I wanted to get you a stripper for your Birthday….

18. But I couldn’t decide between the Black and Dekker® and the Stanley® !

19. Trade Secret
ANYTHING that gives you an advantage & has to be “stolen” to immediately help the competition.
OFTEN involves NON-DISCLOSURE agreements.
Cannot preclude invention by others…
Cannot preclude reverse engineering.
Example: COKE®
copyright 2000 Paul H King

20. Course Conduct (Faculty Manual)
Literary/Artistic  Author
Work for hire (job assignment)  University
Technology  University + Inventors (%)
Exception: outside consulting & research iff agreed upon
Understand and document ALL!
copyright 2000 Paul H King

21. Design Course - Intellectual Property
Patents, copyrights, trademarks, secrets - know!
Project development - document!
Publication begins countdown!
copyright 2000 Paul H King

22. I P References http://www.uspto.gov/ US Patent/Trademark Office
Copyrights
Patent Cooperation Treaty
VU Links
VU Tech Transfer
copyright 2000 Paul H King