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Silicon Halton Meetup 68 - IP for IT

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Slide deck for Meetup 68, June 9, 2015

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Silicon Halton Meetup 68 - IP for IT

  1. 1. www.siliconhalton.com linkedin/siliconhalton @siliconhalton Meetup #68: IP for IT: What really matters
  2. 2. • Welcome • Thank you’s • Announcements • Keynote – Matthew Graff, Partner • G2KYM • Mark Your Calendar • Networking Agenda
  3. 3. Welcome to HaltonHiVE! (yes, we’ve changed our name!) • Co-working space for entrepreneurs, freelancers and start ups • 80+ members and growing! • Meeting space and Conference Room • Community events, networking and perks! • 24/7 Membership for $99/month Contact: www.haltonhive.com staff@burlingtonhive.com (haven’t changed the e-mail yet!!)
  4. 4. Show Of Hands • 1188 members • 2390 Twitter followers • 67 meetups • 7 peer2peer groups • hundreds of LinkedIn discussions
  5. 5. Thank You!
  6. 6. MAY 27/15: Pitch Yourself Workshop • 30 students • 5+ Mentors • Workshops on pitching & networking JUNE 3/15: Speed Pitching Session • 30 Students • 30 Employers • 30 Pitches in 60 minutes TechUnderTwenty.com Corporate Sponsors
  7. 7. Meetup #67
  8. 8. contributorSH You?
  9. 9. Announcements
  10. 10. Announcements
  11. 11. Keynote
  12. 12. Meetup 68 Matthew Graff, Partner @bereskinparr
  13. 13. Bereskin & Parr LLP 13 Silicon Halton Meetup #68: IP for IT Matthew Graff
  14. 14. 14 Intellectual property • Basic nature of IP rights – Rights of exclusion – Rights granted to the originator (but transferable) • Policy rationale – Economic incentive to encourage the creation of intangible goods – Protection – consumers, authors, inventors – Entitlement – idea that a person who creates intangible goods is entitled to control the results of their work and profit from it
  15. 15. 15 Types of IP • Technology-related IP – Patents – Industrial Designs – Trade Secrets • Branding-related IP – Trademarks – Domain names • Works of Composition IP – Copyright
  16. 16. 16 Trademarks • Word mark MICROSOFT • Design mark • Word/design mark
  17. 17. 17 Trademarks • What is this?
  18. 18. 18 Trademarks • A mark that distinguishes the goods or services of one trader from the goods or services of other traders • Can be a word, symbol, design, or a combination of elements • Pick a ‘clean’ mark • Registration optional, but provides advantages • Big changes on the horizon for Canada – File applications now
  19. 19. 19 Copyright • Protects fixed expression of an original work – No protection of mere ideas • Stop others from reproducing the work or a substantial part thereof • Can provide protection for: – software – database structure (selection and arrangement of data) – website structure, layout and content – user guides / instructions – print and video advertising, jingles, theme music • In most countries, right arises automatically upon creation of the work • Term is life + 50 years (generally)
  20. 20. 20 Industrial designs • Industrial designs (Canada) versus design patents (U.S.) • Features of shape, configuration, pattern or ornamentation in a finished article, that appeal to and are judged solely by the eye • Dog coats and computer icons, GUI arrangements • Apple v. Samsung
  21. 21. 21 Patents • Protects new, inventive and useful products and technologies • Limited time monopoly in exchange for public disclosure • Powerful rights that cannot be defeated by ignorance of patent or independent invention • Patents are national rights, and in most countries the application is examined
  22. 22. 22 A patent is not… • A right to make the thing patented – Patents confer “negative rights”, meaning patent owners are still subject to the rights of owners of existing patents – If you obtain a patent for an improvement on an existing invention, you must obtain a license to use the existing invention • Invulnerable – Patents are always open to challenges of invalidity • Fully effective without enforcement – Patent holder must be willing to pay costs of enforcing patents
  23. 23. 23 Patent advantages • Offensive – Stop others from using your inventions – Licensing • Defensive – Cross-licensing • Marketing – Patent as an asset – Business optics – Investor confidence – Consumer confidence
  24. 24. 24 Patent realities • Costs • Time commitment • Delay • Must have an invention • Enforcement • Validity challenges • Issues with software patents
  25. 25. 25 What? • Selecting inventions to patent – Is it core technology? – Popularity/competitive advantage of technology – Lifecycle of technology – Barriers to entry for competitors – Ability to detect infringement • Commercial versus technical considerations – Patentability requirements • Improvements
  26. 26. 26 When? • Where do I want protection? – 1 year grace period in Canada, U.S. and very limited number of other countries • Europe/Asia – Requires inventions to have never been disclosed before filing – “Absolute novelty”
  27. 27. 27 Where? • U.S. and Canada • Places where you or your competitors do business • Offshore manufacturing • Must be practical – Filing broadly is costly – International application (PCT) if 3 or more countries
  28. 28. 28 Software patents • Subject matter eligibility – law of nature, natural phenomenon, abstract ideas • What is and isn’t “abstract”? – performance of business practice known from the pre-Internet world along with the requirement to perform it on the Internet (Bilski; Alice) – process for data compression • Despite uncertainty, big software companies are amassing large patent portfolios
  29. 29. 29 Living with other’s patents • Manage risk of infringement for new products • Patent litigation is extremely costly • “Freedom to operate” • Exhaustive searching is not feasible • 18 month secrecy window • Deal with problems as they arise
  30. 30. 30 Ownership • Incorporate • Get it in writing before the IP is created – Consultancy arrangements • Joint development of improvements • Exclusivity, residual knowledge – Employment • Ownership transferred by paper assignment or employee contract • Require all employees to enter into IP ownership and confidentiality agreements – Agreements signed as a condition of employment on initial hiring – Ensure that engineers and researchers keep careful records of their work
  31. 31. Bereskin & Parr LLP Matthew Graff | Partner 905-817-6107 mgraff@bereskinparr.com Thank you
  32. 32. Jeff Bulzak Marketing Automation & Customer Acquisition Consultant, Geek, Entrepreneur, Giver, & Start-up Supporter @BZKGroup
  33. 33. Derek Lee 2275 Upper Middle Road East – Suite 101 Oakville, Ontario L6H 0C3 mediarezstudio.com
  34. 34. Mark Your Calendars
  35. 35. Meetup 69
  36. 36. Open Floor

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