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  • Key to this statement is “the right to exclude others”. Which is not necessarily the right to make, use, or sell your invention yourself.
  • These fees change often. Please check the current fee schedule on the website: www.uspto.gov for more current information.
  • Example of a color mark.

Ip basics Presentation Transcript

  • 1. Intellectual Property Basics
    • Jon R. Cavicchi, J.D., LL.M. (IP)
    • Professor & Intellectual Property Librarian
  • 2. Intellectual Property
    • property (as an idea, invention, or process) that derives from the work of the mind or intellect
    • Merriam-Webster Online
  • 3. Types of Intellectual Property Protection
    • Patents
    • Trade Secrets
    • Trademarks
    • Copyright
  • 4. Patents
    • A Patent is a property right granted by the U.S. Government to an inventor.
    • In exchange for the right to exclude others from making, using, or selling the invention for a limited time, the inventor must publicly disclose all knowledge related to the invention.
  • 5. 3 Types of Patents
    • UTILITY : any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof
      • most common type of patent
      • when patents are discussed, it usually means a utility patent
    223,898 468,226
  • 6. 3 Types of Patents
    • DESIGN : a new, original, and ornamental design for an article of manufacture
      • protects the appearance of the product
      • a D precedes the patent number
    • PLANT : any asexually reproduced distinct and new variety of plant
      • a PP precedes the patent number
      • Printed patents include color photographs, database does not
    D551,680 PP82
  • 7. Conditions required for Patentability:
    • Useful – the invention must have a function
    • Novelty – there must be no previous patent or mention in any publication (“prior art”)
    • Nonobviousness – the invention must not be easily apparent to someone “skilled in the art”
    • Full Disclosure
  • 8. What cannot be patented:
    • Perpetual motion machines
    • Abstract ideas
    • Natural and physical processes, scientific truths, mathematical expressions
    • Inventions in which public disclosure would be detrimental to national security
  • 9. Small Entity Status Discount
    • Any independent inventor, small business, or nonprofit organization can claim small entity status and receive a 50% discount on patent fees.
  • 10. How much will it cost? (Small Entities – Utility Patent)
    • Filing fee: $75 (electronic), $155 (paper)
    • Search Fee: $255
    • Examination Fee: $105
    • Issue Fee: $720
    • Maintenance Fees:
      • 3.5 years: $465
      • 7.5 years: $1180
      • 11.5 years: $1955
    • Total: $4755, $4835 ( at minimum )
    Due at Filing
  • 11. TRADE SECRETS
    • An inventor is not required to obtain a patent. They may choose that the benefits of keeping the invention secret outweigh the benefits of a patent.
  • 12. Advantages of Trade Secrets
    • property of its owner as long as it remains secret; patents have a limited term (the oldest known trade secret has been kept since 1623)
    • can be exploited on a global basis, patents are only valid in the country in which they were obtained
  • 13. Disadvantages of Trade Secrets
    • once they become public, the owner has limited legal remedies to prevent others from making, selling, or using the invention
    • owner takes on the responsibility of protecting it and preventing its disclosure, which may cost a lot of money
  • 14. Trademarks
    • A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
  • 15. Trademarks can be:
    • Word Marks
    • Hershey’s
    • “ Can you hear me now? Good.”
    • Lord Voldemort
  • 16. Trademarks can be:
    • Symbols or Designs
  • 17. Trademarks can be:
    • These types are rare:
    • Color Marks : brown for delivery vehicles (UPS), pink for fiberglass insulation (Owens-Corning)
    • Configuration Marks : shape of Pizza Hut buildings, Mrs. Butterworth’s bottle, USPS mailbox
    • Sensory Marks : NBC chimes, MGM lion roar, duck quacking AFLAC
  • 18. What can Brown do for you? Registration # 2649286
  • 19. Geographical Indicators
    • Geographical Indicators have recently become regulated as intellectual property around the world. GIs are associated with the reputation or characteristics of a region.
  • 20. 3 Levels of Trademark Protection
      • Common Law (™):
        • No registration or fees
        • Rights result from use of the mark with the product
      • State Registration (™):
        • Registration and small fee (varies by state)
        • Protection varies by state, protection only within the state
  • 21. 3 Levels of Trademark Protection
    • Federal Registration ( ® ):
      • More expensive fees ($375/325/275)
      • Must use or have a genuine intent-to-use the mark in interstate commerce
      • Presumption of ownership nationwide
      • Trademark lasts indefinitely as long as renewal fees are paid and mark still in use
      • Can be deposited with U.S. Customs to prevent importation of goods infringing mark
      • Owner may use the ® symbol only after the mark has been fully registered with the USPTO
  • 22. A few reasons a trademark application may be refused:
    • “ Likelihood of confusion” with another trademark
    • Immoral or scandalous
    • Deceptive (e.g. misrepresents content or geographic region of product)
    • Disparages or falsely suggests a connection to a person, institution, belief, or national symbol
    • Mark protected by statute or convention
  • 23. SAM
    • Trademarks do not have to be exactly alike to be infringing. Are they similar in S ound, A ppearance, or M eaning?
    • Exactly the same marks can co-exist if their goods or services are not similar.
    Soap Chocolate
  • 24. COPYRIGHT
    • Copyright protects original works of authorship fixed in any tangible medium of expression.
    • Copyright protects the expression but not the ideas or facts expressed.
  • 25. Copyrightable works include:
    • literary works (books, magazines, web pages)
    • musical works (songs, musical plays)
    • dramatic works (plays, dramatic readings)
    • pantomimes and choreographic works
    • pictorial, graphic, and sculptural works (paintings, photographs, cartoon characters, maps, technical drawings, boat hull designs)
    • motion pictures and other audiovisual works (films, videos, slides)
    • sound recordings (discs, tapes, records)
    • architectural works (building design, blueprints)
  • 26. Do I have to apply for copyright?
    • As soon as the work is fixed in a tangible medium, copyright is in effect.
    • Use of the © notice and registration with the U.S. Copyright Office are not required for copyright to apply.
  • 27. Copyrights guarantees the following bundle of rights:
    • Reproduce the work
    • Make adaptations or derivative works
    • Distribute copies of the work
    • Perform the work publicly
    • Display the work
    • These rights can be transferred individually or as a whole.
  • 28. Conditions required to obtain copyright:
    • Must be fixed in a tangible medium (book, web page, recording, etc.)
    • Must be original
    • There must be minimal creativity (e.g. telephone directories and lists of ingredients do not qualify)
  • 29. Some items that cannot be copyrighted:
    • Ideas
    • Facts
    • Government works – judicial opinions, statutes, Federal documents (some states claim copyright on their publications)
    • Titles, names, short phrases, slogans
    • Blank forms – order forms, address books, blank checks
  • 30. Copyright Fees
    • Basic registration fee (paper): $45
    • Online registration fee (beta): $35
  • 31. FAIR USE
    • Fair use is an exception to U.S. copyright law that allows limited use for research, education, criticism, news reporting, and parody.