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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.
  • 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.

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