2. Intellectual Property By Wilmer Arellano Fall 2013

3. Home Previous Next Help Overview Intellectual Property Patents –What Can Be Patented? –Utility Patents Copyright –What works are protected? –Duration Copyright Trademarks and Service marks

4. Home Previous Next Help References http://www.uspto.gov/ http://www.copyright.gov/ http://web.mit.edu/afs/athena.mit.edu/org/i/invent /h-chapters/h-one.htmlhttp://web.mit.edu/afs/athena.mit.edu/org/i/invent /h-chapters/h-one.html http://www.law.cornell.edu/wex/index.php/Patent http://www.wfva.net/pdf/Basic%20US%20patent %20law--4%20Feb%202005%20presentation-- slides.pdfhttp://www.wfva.net/pdf/Basic%20US%20patent %20law--4%20Feb%202005%20presentation-- slides.pdf Patent Basics, Presented by: Michael Dever,September 15, 2006

5. Home Previous Next Help Intellectual Property n : intangible property that is the result of creativity (such as patents or trademarks or copyrights) Source: WordNet ® 2.0, © 2003 Princeton University Source

6. Home Previous Next Help Intellectual Property There are four well recognized types of intellectual property rights: Copyrights, Trademarks, Patents, and trade secrets. –These forms of intellectual property differ significantly in the rights they confer, how they are obtained, and how they are maintained. –http://www.yale.edu/ocr/pfg/guidelines/patent/t ypes_of_ip.htmlhttp://www.yale.edu/ocr/pfg/guidelines/patent/t ypes_of_ip.html

7. Home Previous Next Help Patents Federal regulation of Copyrights and Patents: –U. S. Constitution, Article 1, Sec. 8, Clause 8. –“The Congress shall have Power... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

8. Home Previous Next Help Abraham Lincoln's Patent: Improvement for Buoying Vessels Over Shoals

9. Home Previous Next Help Patents A patent is a property right granted by the Government of the United States of America to an inventor “to exclude others from: –making, –using, –offering for sale, –or selling the invention throughout the United States –or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. Not a grant to make http://www.uspto.gov/patents/

10. Home Previous Next Help What Can Be Patented? Utility Patent-Issued for the invention of a –new and useful process, –machine, –manufacture, –or composition of matter, –or a new and useful improvement thereof for a period of up to twenty years from the date of patent application filing ++, subject to the payment of maintenance fees. Approximately 90% of the patent documents issued by the

11. Home Previous Next Help Design Patents & Plant Patents 1502 Definition of a Design [R-2] In a design patent application, the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself. –http://www.uspto.gov/web/offices/pac/mpep/s1502.htmlhttp://www.uspto.gov/web/offices/pac/mpep/s1502.html A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant. –http://www.uspto.gov/web/offices/pac/plant/#1http://www.uspto.gov/web/offices/pac/plant/#1

12. Home Previous Next Help Utility Patents 35 USC §102-- What is claimed must be new. 35 USC §103-- What is claimed must be nonobvious. –Non obvious to a person having ordinary skill in the area of technology related to the invention. For example, the substitution of one color for another, or changes in size, are ordinarily not patentable.

13. Home Previous Next Help First to Invent The U.S. has a “first to invent” policy regarding invention, meaning that the first originator of an invention receives credit for it. The first person to patent an invention will not receive credit unless they were also the first to invent it. The presumption is that the first to reduce to practice is the first to invent Since June 8, 1995, the USPTO has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. Provisional applications may not be filed for design inventions (ornamental). –To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent. The applicant would then have up to 12 months to file a non-provisional application for patent

14. Home Previous Next Help First to Invent In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: – “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or –“(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States...”

15. Home Previous Next Help Patent Rights Patent rights are based on claims of the patent. –What is protected is the invention as claimed. Infringer is accused of infringing the claims of a patent.

16. Home Previous Next Help Claims Example Edison received a patent (U. S. Pat. No. 223, 898) for a light bulb with a carbon filament. –Claim 1: An electric lamp for giving light by incandescence, consisting of a filament of carbon of high resistance, made as described, and secured to metallic wires, as set forth.

17. Home Previous Next Help How to Prove the Idea Is Yours Use a Notebook with consecutively numbered and permanently bound pages Put your ideas in writing completely and accurately. Fully describe the invention in words and pictures. Date all your Entries and write with pen. Do not remove or skip pages The notebooks should be witnessed weekly by two knowledgeable people you trust which are not relatives of you

18. Home Previous Next Help Inventors A patent cannot be given to non-inventors An inventor can never relinquish his/her inventorship rights. However, an inventor(s) may assign their ownership rights over to another party

19. Home Previous Next Help Co-Inventors If each had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone.

20. Home Previous Next Help Current Fee Schedule Typical filing fees for an Inventor when application filed with a written assertion of small entity status (See Simplified Small Entity Status Practice): Filing a provisional application. $100 Filing a non-provisional application. Approximately $150* Issue fee Approximately $650 Maintenance fees: –Due at 3 1/2 years,Approximately $450 –Due at 7 1/2 years,Approximately $1150 –Due at 11 1/2 years,Approximately $1900 *Does not include the search fee or examination fee. Utility Examination Fee $100 Utility Search Fee $250.00

21. Home Previous Next Help Statistics Currently, the average patent application pendency is 24.6 months. Applications received in the U.S. Patent and Trademark Office are numbered in sequential order and the applicant will be informed within eight weeks of the application number and official filing date if filed in paper. If filed electronically, the application number is available within minutes.

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25. Home Previous Next Help What works are protected? Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: –literary works (Computer Programs); –musical works, including any accompanying words –dramatic works, including any accompanying music –pantomimes and choreographic works –pictorial, graphic, and sculptural works –motion pictures and other audiovisual works –sound recordings –architectural works

26. Home Previous Next Help How to Secure a Copyright Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. –"Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection.

27. Home Previous Next Help Fair Use “Fair Use” is not an infringement of copyright. Use for purposes such as: –Criticism, –Comment, –News reporting, –Teaching, –Scholarship, or –Research. Sections 107 through 118 of the Copyright Act (title 17, U. S. Code)title 17, U. S. Code

28. Home Previous Next Help Duration Copyright For works created on or after January 1, 1978, copyright begins with creation and lasts for the life of the author plus 70 years

29. Home Previous Next Help Trademarks and Service marks A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

30. Home Previous Next Help Trademarks and Service marks

31. Home Previous Next Help Letters and words: A word or other groupings of letters is the most common type of mark. Examples include: APPLE SILICON GRAPHICS NETSCAPE IBM NBC –http://www.bitlaw.com/trademark/devices.html

32. Home Previous Next Help Logos: Logos are probably the next most common form of mark. A logo can be described as a design which becomes a mark when used in close association with the goods or services being marketed. The logo mark does not need to be elaborate; it need only distinguish goods and services sold under the mark from other goods and services. Examples of logo marks are –http://www.bitlaw.com/trade mark/devices.html

33. Home Previous Next Help Pictures or drawings Pictures or drawings of a character or scene are often used as trademarks or service marks. –http://www.bitlaw.com/ trademark/devices.html

34. Home Previous Next Help Combination: Or a trademark might be a combination of letters and a design, such as: –http://www.bitlaw.com/ trademark/devices.html

35. Home Previous Next Help Slogans: Slogans from advertising campaigns are also used as trademarks. Example slogans which have strong trademark rights attached to them are: –http://www.bitlaw.com/ trademark/devices.html

36. Home Previous Next Help Is registration of my mark required? No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g., –constructive notice to the public of the registrant's claim of ownership of the mark; –a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; –the use of the U.S registration as a basis to obtain registration in foreign countries; and –the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

37. Home Previous Next Help Maintaining a federal trademark registration Rights in a federally-registered trademark can last indefinitely if the owner continues to use the mark on or in connection with the goods and/or services in the registration and files all necessary documentation in the USPTO at the appropriate times. In general, the owner of a registration must periodically file: –Affidavits of Continued Use or Excusable Nonuse under 15 U.S.C. §1058; and –Applications for Renewal under 15 U.S.C. §1059

39. Home Previous Next Help Overview Intellectual Property Patents –What Can Be Patented? –Utility Patents Copyright –What works are protected? –Duration Copyright Trademarks and Service marks

40. Home Previous Next Help & & Q uestions A nswers