Christopher Dowd
Glenn Hanlon
Princy Pathickal
Jeremy Peters
Joshua RosenHanst
Ken Schreihofer

Overview
 Definition
 What can be Intellectual Property
 Forms of Intellectual Property
 Patents
 Requirements and How to Obtain a Patent
 Case Study

Intellectual Property Definition
 Term used to encompass all creations by man, whether
inventions, music, non-monetary assets, etc. that can
be legally protected and rights remain to the owner for
a given period of time in a court of law.
 “Legal property rights over creations of the mind, both
artistic and commercial, and the corresponding fields
of law.” (Wikipedia, Intellectual Property)

What is Intellectual Property?
 Products of the mind
 Music, Artistic Designs
(Personal or
Commercial)
 Inventions or ideas
 iPhone, Assembly Line,
Cotton Gin
 Intangible assets
 Any non-monetary asset
that is cannot be
directly “felt”

Types of Intellectual Property
 Copyrights
 Allows the original authors of published or unpublished
literature, drama, music, art, etc.;
 Gives numerous rights to the author of the work.
 Trademarks/Servicemarks
 Word, name, device, or symbol used to signify the source of the
products, and to distinguish them from the products of others.
 Servicemarks - identical to trademarks, except that it identifies a
service rather than a product.
 Trade Secrets
 Formula, pattern, device, or process that is used in one’s
business and allows the opportunity for a competitive advantage
over those that do not know the secret.
 Patents

Patent Definition
 Grants an inventor exclusive access and
control to his or her invention or
service.
 Protects the inventor by allowing him
or her to exclude others from creating,
using, or selling the patented
invention.
 Protects: processes, machines, items of manufacture,
compositions of matter, improvements, methods of
doing business.

Types of Patents
 Utility
 Protects new inventions, or functional
improvements to existing inventions. Lasts
20 years.
 Design
 Protects industrial design rights, artistic
designs, styles.
 Plant
 Rights granted to the breeder of a new
variety of vegetation.

Requirements to Acquire a Patent
 Any individual or company can acquire a patent
 New/Novel (35 U.S.C. § 102)
 Useful (35 U.S.C. § 101)
 Non-obvious (35 U.S.C § 103)
 Must be physical
 Not data organization: ie. Music or Novels
 Not energy, considered natural force

How to Obtain a Patent
 Discover if idea is already patented
 Idea must conform to requirements
 Research Prior Art
 File for Patent with USPTO
– Provisional vs. Non-Provisional
 Consider filing for patents in foreign countries
 Having an attorney would be useful
http://uspto.gov/smallbusiness/patents/faq.html#3

Intellectual Property: Case Study
-The Apple MacBook
 1)The Apple Inc. Logo  Copyright and Trademark
 2)The code of the Apple  Trade Secret and Utility
OSX Operating system Patent

Intellectual Property: Case Study
-The Apple MacBook (cont.)
 3) Method of  Utility Patent or Trade
Construction Secret
 4) The Mac all aluminum  Copyright, Trademark, De
case design sign Patent, and Utility
Patent

Conclusion
 Intellectual Property is “anything under the sun made
by man.” - Diamond v Chakrabarty, 447 U.S. 303 (1980)
 There are Several Types of Intellectual Property
 Copyright, Trademarks, Trade Secrets, and Patents
 The Legal system is structured to preserve Intellectual
Property rights
 Every product you use on a daily basis is someone’s
Intellectual Property

References
\"Copyright Office Basics.\" U.S. Copyright Office. 03 Mar.
2009 <http://www.copyright.gov/circs/circ1.html#wci>.
\"What Are Patents Trademarks, Servicesmarks, and
Copyrights.\" United States Patent and Trademark Office
Home Page. 03 Mar. 2009
<http://www.uspto.gov/web/offices/pac/doc/general/what
is.htm>.
\"What Are Trade Secrets? Information on Intellectual
Property Protection From Schmeiser, Olsen & Watts.\"
Intellectual Property Law: Patent, Trademark, Copyright
Law Firm Of Schmeiser, Olsen & Watts. 03 Mar. 2009
<http://www.iplawusa.com/resources/faq-
tradesecrets.html>.

Questions