This document provides an overview of intellectual property law, including the different types of intellectual property like patents, trademarks, copyrights, and trade secrets. It discusses how each type of intellectual property is acquired and enforced, as well as considerations around intellectual property ownership. The document also covers technology transfer between government laboratories and non-federal parties through cooperative research and development agreements.
10 Things Business Owners Should Know About Intellectual PropertyKelley Keller, Esq.
This document provides an overview of 10 things business owners should know about intellectual property. It begins by defining intellectual property as creations of the human mind that have value in the marketplace and can be protected by exclusive rights. These intangible assets provide competitive advantages for businesses. The document then discusses the major forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides details on what constitutes each type of intellectual property and how they can be protected and registered.
This document discusses patent infringement in India. It begins by defining what constitutes patent infringement, including direct, indirect, and contributory infringement. It then discusses how companies can detect potential patent infringement, such as by monitoring competitors' products and patent applications. The document outlines the steps to establish infringement in India and provides an overview of the patent litigation system and procedures followed by judges. It concludes with a summary of a landmark patent litigation case in India between Bajaj Auto and TVS Motor Company regarding the technology and outcome of the case.
The document discusses the doctrine of equivalents in patent law. The doctrine allows a court to find infringement even if the accused device does not literally infringe a patent claim, if it is equivalent to the claimed invention. It provides that an equivalent device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine balances protecting patent holders' inventions with providing clear notice of a patent's scope.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Making a Patent Infringement Trial Understandable 2-23-12Robert Waterman
1. The document summarizes a presentation on making patent infringement trials understandable and interesting for juries.
2. It discusses using the Federal Judicial Center's introductory patent system video to educate jurors on patents. Excerpts from the video were referenced throughout the trial to support the argument that the patents were invalid as obvious.
3. The document emphasizes using demonstrative evidence like trial graphics to help educate and persuade the fact-finder in patent trials. Examples of demonstrative evidence used in one trial are attached.
The document discusses the doctrine of equivalents (DOE) in patent law. It defines direct and indirect infringement and explains the triple identity test used to determine equivalency. It provides examples of how DOE has been applied in cases involving welding fluxes, piston devices, pharmaceutical compounds, and preservatives. It also briefly discusses how DOE is applied in other countries like Europe, France, and Japan.
10 Things Business Owners Should Know About Intellectual PropertyKelley Keller, Esq.
This document provides an overview of 10 things business owners should know about intellectual property. It begins by defining intellectual property as creations of the human mind that have value in the marketplace and can be protected by exclusive rights. These intangible assets provide competitive advantages for businesses. The document then discusses the major forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides details on what constitutes each type of intellectual property and how they can be protected and registered.
This document discusses patent infringement in India. It begins by defining what constitutes patent infringement, including direct, indirect, and contributory infringement. It then discusses how companies can detect potential patent infringement, such as by monitoring competitors' products and patent applications. The document outlines the steps to establish infringement in India and provides an overview of the patent litigation system and procedures followed by judges. It concludes with a summary of a landmark patent litigation case in India between Bajaj Auto and TVS Motor Company regarding the technology and outcome of the case.
The document discusses the doctrine of equivalents in patent law. The doctrine allows a court to find infringement even if the accused device does not literally infringe a patent claim, if it is equivalent to the claimed invention. It provides that an equivalent device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine balances protecting patent holders' inventions with providing clear notice of a patent's scope.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Making a Patent Infringement Trial Understandable 2-23-12Robert Waterman
1. The document summarizes a presentation on making patent infringement trials understandable and interesting for juries.
2. It discusses using the Federal Judicial Center's introductory patent system video to educate jurors on patents. Excerpts from the video were referenced throughout the trial to support the argument that the patents were invalid as obvious.
3. The document emphasizes using demonstrative evidence like trial graphics to help educate and persuade the fact-finder in patent trials. Examples of demonstrative evidence used in one trial are attached.
The document discusses the doctrine of equivalents (DOE) in patent law. It defines direct and indirect infringement and explains the triple identity test used to determine equivalency. It provides examples of how DOE has been applied in cases involving welding fluxes, piston devices, pharmaceutical compounds, and preservatives. It also briefly discusses how DOE is applied in other countries like Europe, France, and Japan.
This document summarizes intellectual property laws and enforcement in India. It outlines the main forms of IP rights protected, including trademarks, copyrights, patents, industrial designs, and geographical indications. Registration is required for patents, industrial designs, and geographical indications but not for trademarks and copyrights. Registration confers monopoly rights and shifts the burden of proof to the opposing party in litigation. Civil remedies for IP infringement include injunctions, damages, seizure of infringing materials, and pre-trial asset preservation. Criminal remedies include fines and imprisonment. Interim injunctions are a key remedy to maintain the status quo. The document also discusses opposition and cancellation proceedings, domain name disputes, trade secret protection approaches, Anton Pillar orders, and highlights some
The document discusses intellectual property laws in India, focusing on patents, copyright, and trademarks. It provides definitions and requirements for patents, inventions that can and cannot be patented, the patent application process, rights conferred to patent holders, and provisions for compulsory licensing. For copyright, it discusses what works are protected, rights of copyright holders, and the registration process. For trademarks, it defines trademarks, their purpose and functions, and provisions regarding registrability including absolute and relative grounds for refusal of registration.
The document provides an overview of trademarks, copyrights, and patents. Trademarks protect distinctive signs that identify business sources and products. Copyright protects original creative works. Patents protect novel, non-obvious, and useful inventions for a limited period. Key requirements for each include trademarks distinguishing business sources, copyrights requiring creative works fixed in a medium, and patents requiring inventions be useful, novel, and non-obvious.
A patent is a set of exclusive rights granted by a sovereign state to an inventor for a limited period of time, typically 20 years, in exchange for publicly disclosing the details of the invention. An invention must meet the requirements of being useful, novel, and non-obvious to qualify for patent protection. A patent allows the owner to prevent others from making, using, selling, importing, or distributing the patented invention without permission.
The document discusses various aspects of patent damages and infringement cases in India. It provides information on the types of patent disputes, forums for resolving disputes, types of infringement and remedies available. Some key points include:
- There are three types of patent infringement: direct, indirect, and contributory.
- Remedies for infringement include injunctions, accounts of profits, compensatory damages, and in some cases punitive damages.
- Calculating damages can involve determining lost profits or reasonable royalties based on factors like the Georgia-Pacific test.
- Indian courts have not established clear guidelines for calculating damages but look to decisions from other jurisdictions like the US.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document provides an overview of patent, trademark, and copyright protection. It discusses:
1. The basics of patents, including the types of patents (utility, design, plant) and requirements for patentable subject matter.
2. The requirements for filing a patent application, including invention disclosures, reviewing claims and declarations, and notifying the attorney of all inventors.
3. Trademark basics like what qualifies for a trademark and registration benefits. Filing requirements include choosing a distinctive mark and submitting specimens.
4. Copyright basics like the types of works protected and requirements to register including submitting a copy and fee. Registration provides benefits like statutory damages.
The document provides an overview of various intellectual property issues including trademarks, copyrights, patents, trade secrets, and internet domain names. It discusses the key requirements and tests for each area of IP. It also reviews common litigation and arbitration approaches for resolving IP disputes, highlighting relevant case law examples.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
This document discusses the key differences between copyrights, trademarks, and patents. Copyright protects original creative works, trademarks protect brands and logos, and patents protect inventions. Copyright lasts for the life of the author plus 70 years, trademarks can last indefinitely if used continuously, and patents protect inventions for 20 years. The document provides examples and details on what each type of intellectual property protects and how long protection lasts.
Shumaker, Loop & Kendrick, LLP is a multi-state law firm with over 215 attorneys across several offices. The firm represents both domestic and international business clients. The firm's intellectual property practice group counsels clients on issues relating to patents, trademarks, copyrights, and other intellectual property matters. The group assists clients in obtaining, protecting, licensing, and enforcing their intellectual property rights through litigation and other means.
This document provides an introduction to patents, including what constitutes a patentable idea under US law. It discusses the requirements for an idea to be patentable - that it must demonstrate appropriate subject matter, usefulness, novelty, non-obviousness, and enablement. It also outlines the patent application process and recommends applying for a patent within one year of any public disclosure of an idea to maintain patent rights.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
US Patent Litigation CSIRO v. Cisco - Judge Davis's Damages Calculation of Re...Rahul Dev
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
WiFi Standard Essential Patents (SEPs)
The document discusses various aspects of patents and intellectual property rights. It defines what a patent is - an exclusive right granted by a government to an inventor for a limited period of time in exchange for publicly disclosing an invention. It outlines the criteria for patentability including novelty, inventive step, and industrial applicability. The document also describes the patenting process from filing specifications to examination and potential opposition proceedings. Key aspects of patents like patent searches, anticipation, and grounds for opposition are also summarized.
A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years
This document summarizes key topics regarding patent ownership and inventorship for entrepreneurs. It discusses how patent rights initially vest in inventors under U.S. law but can be assigned to organizations. It also covers issues like establishing ownership of employee-created inventions, the importance of employment agreements that include a present assignment of rights, and differences between patents and copyrights regarding works made for hire. The Supreme Court case Stanford v. Roche is summarized, emphasizing the need for clear and effective transfer of invention rights from inventors to universities or companies.
The document provides an overview of intellectual property law, including the different types of intellectual property like patents, trademarks, copyrights, and trade secrets. It discusses how these different types of intellectual property can be acquired and enforced, as well as exceptions and limitations. It also covers technology transfer agreements between government laboratories and private entities.
This document provides an overview of intellectual property concepts including patents, trademarks, copyrights, and technology transfer. It discusses how these different types of intellectual property are acquired and protected under US law. It also outlines strategies that government research laboratories can use to commercialize federally-funded inventions through licensing and partnerships with private industry. This allows labs to generate additional research funding and reward employee inventors while also promoting the dissemination of new technologies for public benefit.
This document summarizes intellectual property laws and enforcement in India. It outlines the main forms of IP rights protected, including trademarks, copyrights, patents, industrial designs, and geographical indications. Registration is required for patents, industrial designs, and geographical indications but not for trademarks and copyrights. Registration confers monopoly rights and shifts the burden of proof to the opposing party in litigation. Civil remedies for IP infringement include injunctions, damages, seizure of infringing materials, and pre-trial asset preservation. Criminal remedies include fines and imprisonment. Interim injunctions are a key remedy to maintain the status quo. The document also discusses opposition and cancellation proceedings, domain name disputes, trade secret protection approaches, Anton Pillar orders, and highlights some
The document discusses intellectual property laws in India, focusing on patents, copyright, and trademarks. It provides definitions and requirements for patents, inventions that can and cannot be patented, the patent application process, rights conferred to patent holders, and provisions for compulsory licensing. For copyright, it discusses what works are protected, rights of copyright holders, and the registration process. For trademarks, it defines trademarks, their purpose and functions, and provisions regarding registrability including absolute and relative grounds for refusal of registration.
The document provides an overview of trademarks, copyrights, and patents. Trademarks protect distinctive signs that identify business sources and products. Copyright protects original creative works. Patents protect novel, non-obvious, and useful inventions for a limited period. Key requirements for each include trademarks distinguishing business sources, copyrights requiring creative works fixed in a medium, and patents requiring inventions be useful, novel, and non-obvious.
A patent is a set of exclusive rights granted by a sovereign state to an inventor for a limited period of time, typically 20 years, in exchange for publicly disclosing the details of the invention. An invention must meet the requirements of being useful, novel, and non-obvious to qualify for patent protection. A patent allows the owner to prevent others from making, using, selling, importing, or distributing the patented invention without permission.
The document discusses various aspects of patent damages and infringement cases in India. It provides information on the types of patent disputes, forums for resolving disputes, types of infringement and remedies available. Some key points include:
- There are three types of patent infringement: direct, indirect, and contributory.
- Remedies for infringement include injunctions, accounts of profits, compensatory damages, and in some cases punitive damages.
- Calculating damages can involve determining lost profits or reasonable royalties based on factors like the Georgia-Pacific test.
- Indian courts have not established clear guidelines for calculating damages but look to decisions from other jurisdictions like the US.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
This document provides an overview of patent, trademark, and copyright protection. It discusses:
1. The basics of patents, including the types of patents (utility, design, plant) and requirements for patentable subject matter.
2. The requirements for filing a patent application, including invention disclosures, reviewing claims and declarations, and notifying the attorney of all inventors.
3. Trademark basics like what qualifies for a trademark and registration benefits. Filing requirements include choosing a distinctive mark and submitting specimens.
4. Copyright basics like the types of works protected and requirements to register including submitting a copy and fee. Registration provides benefits like statutory damages.
The document provides an overview of various intellectual property issues including trademarks, copyrights, patents, trade secrets, and internet domain names. It discusses the key requirements and tests for each area of IP. It also reviews common litigation and arbitration approaches for resolving IP disputes, highlighting relevant case law examples.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
This document discusses the key differences between copyrights, trademarks, and patents. Copyright protects original creative works, trademarks protect brands and logos, and patents protect inventions. Copyright lasts for the life of the author plus 70 years, trademarks can last indefinitely if used continuously, and patents protect inventions for 20 years. The document provides examples and details on what each type of intellectual property protects and how long protection lasts.
Shumaker, Loop & Kendrick, LLP is a multi-state law firm with over 215 attorneys across several offices. The firm represents both domestic and international business clients. The firm's intellectual property practice group counsels clients on issues relating to patents, trademarks, copyrights, and other intellectual property matters. The group assists clients in obtaining, protecting, licensing, and enforcing their intellectual property rights through litigation and other means.
This document provides an introduction to patents, including what constitutes a patentable idea under US law. It discusses the requirements for an idea to be patentable - that it must demonstrate appropriate subject matter, usefulness, novelty, non-obviousness, and enablement. It also outlines the patent application process and recommends applying for a patent within one year of any public disclosure of an idea to maintain patent rights.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
US Patent Litigation CSIRO v. Cisco - Judge Davis's Damages Calculation of Re...Rahul Dev
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
WiFi Standard Essential Patents (SEPs)
The document discusses various aspects of patents and intellectual property rights. It defines what a patent is - an exclusive right granted by a government to an inventor for a limited period of time in exchange for publicly disclosing an invention. It outlines the criteria for patentability including novelty, inventive step, and industrial applicability. The document also describes the patenting process from filing specifications to examination and potential opposition proceedings. Key aspects of patents like patent searches, anticipation, and grounds for opposition are also summarized.
A patent is a right to monopolize an invention. A would-be inventor specifies the scope of activities from which he wants to exclude others (the claims), and submits it to the Patent Office. Patent Office evaluates whether these claims depict an invention within the sense of the Patent law and whether the invention is correctly disclosed and industrially applicable (formal examination). Some patent offices will moreover examine whether the invention is new and non-obvious (substantive examination). If the application passes the examination hurdles, the Patent Office grants the applicant exclusive rights to produce and market the invention for a period of 20 years
This document summarizes key topics regarding patent ownership and inventorship for entrepreneurs. It discusses how patent rights initially vest in inventors under U.S. law but can be assigned to organizations. It also covers issues like establishing ownership of employee-created inventions, the importance of employment agreements that include a present assignment of rights, and differences between patents and copyrights regarding works made for hire. The Supreme Court case Stanford v. Roche is summarized, emphasizing the need for clear and effective transfer of invention rights from inventors to universities or companies.
The document provides an overview of intellectual property law, including the different types of intellectual property like patents, trademarks, copyrights, and trade secrets. It discusses how these different types of intellectual property can be acquired and enforced, as well as exceptions and limitations. It also covers technology transfer agreements between government laboratories and private entities.
This document provides an overview of intellectual property concepts including patents, trademarks, copyrights, and technology transfer. It discusses how these different types of intellectual property are acquired and protected under US law. It also outlines strategies that government research laboratories can use to commercialize federally-funded inventions through licensing and partnerships with private industry. This allows labs to generate additional research funding and reward employee inventors while also promoting the dissemination of new technologies for public benefit.
BASICS OF INTELLECTUAL PROPERTY LAW.pptx.pptNidhiBorana5
The document provides an overview of intellectual property law, including patents, trademarks, copyrights, and trade secrets. It discusses how each type of intellectual property is acquired or perfected and examples of what types of innovations can be patented or trademarked. The summary also discusses technology transfer from federal laboratories, including the use of cooperative research and development agreements to commercialize federally-funded research for public benefit.
This document provides an overview of intellectual property law, including the main types of intellectual property (patents, trademarks, copyrights, and trade secrets) and how rights are acquired for each. It focuses on patents, describing what a patent is, the types of patents (utility, plant, design), requirements for patentability, life and duration of patents, and what a patent looks like. It also discusses trademarks/service marks, copyrights, and ownership issues for copyrights.
The document provides an overview of intellectual property law, including the main types of intellectual property rights such as patents, trademarks, copyrights, and trade secrets. It discusses how each type is acquired and protected, including requirements for patents (being new, useful, and non-obvious), acquiring trademark rights through use in commerce, and copyright applying to original works fixed in a tangible medium. The duration and ownership aspects of each type are also covered at a high level.
1. The document provides an overview of intellectual property rights including trademarks, copyrights, patents, and trade secrets. It discusses the types of intellectual property, requirements for registration and protection, as well as international organizations that promote intellectual property rights.
2. The US Patent and Trademark Office is responsible for granting patents and registering trademarks in the US. Key international organizations that promote intellectual property include the World Intellectual Property Organization and the International Trademark Association.
3. Important international treaties discussed include the Berne Convention which established copyright protections and the Madrid Protocol which provides an efficient system for international trademark registration.
The document provides information on various aspects of intellectual property rights (IPR) such as the meaning of IPR, types of IPR like patents, trademarks, copyrights etc. It discusses the history and evolution of IPR globally and in India. It describes organizations like WIPO and WTO that govern international IPR norms. Key Indian IPR laws like the Patents Act, Trademarks Act and Designs Act are also summarized along with IPR application processes, infringement issues and notable court cases.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
Intellectual property law refers to creations of the mind such as inventions, literary works, and symbols. The US Constitution gives Congress the power to grant limited monopolies to authors and inventors via copyright and patent laws. There are several types of intellectual property including patents, copyrights, trademarks, and trade secrets. Patents protect new and useful processes, machines, manufactures, compositions of matter, and plant designs for a limited term. Obtaining a patent requires an application process to show the invention is novel, non-obvious, and adequately disclosed. The America Invents Act of 2011 modernized US patent law and changed it from a first-to-invent system to a first-inventor-to-file
The document summarizes key aspects of the U.S. patent system including the transition from a "first to invent" system to a "first inventor to file" system as a result of the America Invents Act of 2013. It provides details on patent requirements, international implications, effects on small vs. large companies, and examples of how the new system impacts patent disputes. The goal of the changes is to better align the U.S. with international standards and facilitate innovation.
The document discusses various forms of intellectual property including patents, trademarks, copyrights, and trade secrets. It provides information on establishing legal protection for intellectual property, selecting lawyers, applying for patents, types of patents, patent infringement, registering trademarks, copyrights, ensuring trade secret protection, and licensing intellectual property.
411 on IP 101 for Tech-Geeks in the Startup WorldG. Nagesh Rao
The document discusses intellectual property law and different types of intellectual property. It explains that intellectual property refers to creations of the mind like inventions, artistic works, and symbols. There are four main types of intellectual property: trademarks, copyrights, patents, and trade secrets. The document provides details on what each type protects, requirements for obtaining protection, duration of protection, and examples. It emphasizes the importance of understanding intellectual property law and protecting intellectual property.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
Patents: What they are, Why you need one, and How to get onepattersonsheridan
The document discusses patents, including what they are, the types of patents (utility patents, plant patents, design patents, and provisional patent applications), why patents are important, and how to obtain a patent. It notes that patents provide a government-authorized monopoly for an invention and allow inventors to charge for their inventions. It describes the application process for provisional patent applications which establish an early filing date and allow marking an invention as "patent pending". The document recommends working with a patent attorney or filing a provisional application yourself to obtain a patent.
Patents What they are, Why you need one & How to get one ver steeg february...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney to draft and file the necessary patent application documents with the US Patent and Trademark Office or by filing a provisional patent application themselves.
Patents What they are, Why you need one and How to get one ver steeg februa...pattersonsheridan
Patents provide inventors with a government-authorized monopoly over their inventions for a limited time. There are three main types of patents: utility patents, which protect inventions or improvements to machines and processes; plant patents, which protect new varieties of plants; and design patents, which protect the visual appearance of manufactured objects. Obtaining a patent is important because it allows inventors to profit from their inventions and deters copying by competitors. Inventors can obtain a patent by hiring a patent attorney or filing a provisional patent application themselves, which establishes an early priority date and allows marking an invention as "patent pending" while a full non-provisional application is prepared.
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
This document provides a summary of key concepts in intellectual property rights:
1. It defines intellectual property as creations of the intellect for which a monopoly is assigned by law to designated owners, including copyrights, patents, trademarks, and trade secrets.
2. It describes the four main types of intellectual property - trademarks, copyrights, patents, and trade secrets - and provides brief explanations of how each works.
3. It discusses the key agencies responsible for intellectual property registration in the United States, including the United States Patent and Trademark Office, and international organizations like the World Intellectual Property Organization.
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In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
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Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
4. How to Acquire Rights
Patents
by Application, Examination and Grant
Trademarks & Service Marks
by Use in Interstate Commerce, then
registration
Copyright
by writing something --
perfected by declaration and registration
5. Types of IP a General Practice
Attorney is Likely to Encounter
Variants of Trade Secrets
Limited rights in technical data
Restricted rights in computer software
Government purpose rights
special license rights
7. Utility Patent
Whoever invents or discovers any new
and useful process, machine,
manufacture, or composition of matter,
or any new and useful improvement
thereof, may obtain a patent therefor,
subject to the conditions and
requirements of this title. (35 U.S.C. §
101)
8. Plant Patents
Whoever invents or discovers and asexually
reproduces any distinct and new variety of
plant, including cultivated spores, mutants,
hybrids, and newly found seedlings, other
than a tuber propagated plant or a plant found
in an uncultivated state. . . (35 U.S.C. § 161)
No bacteria or similar single-cell organisms need
apply!
9. Design Patents
Whoever invents any new, original, and
ornamental design for an article of
manufacture may obtain a patent. (35
U.S.C. § 171)
10. What Is A Patent?
Grant by the U.S. Government to provide
individuals legal protection for their discoveries
(inventions)
Finds basis in Article 1, Section 8, U.S.
Constitution
Congress is empowered 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.”
Covered by Federal Law (Title 35 USC)
Gives the patent owner the right to prevent
others from making, using or selling the
claimed invention within the United States or
Country of Issue.
11. Life & Duration
Life of utility patent - 17 years from date
of issue of Patent if application filed
before June 95 or 20 years from date of
filing application after June 95
Effective only in the U.S. (foreign
patent applications filed separately based
on U.S. application are available).
12. INVENTION
PATENTABLE IF........
NEW
USEFUL
NOT OBVIOUS
PERTAINS TO
PATENTABLE SUBJECT
MATTER UNLESS
GRANT OF PATENT IS
NOT BARRED
13. SUBJECT MATTER
PATENTABLE
A PROCESS
A MACHINE
A COMPOSITION OF MATTER
A MANUFACTURE
35 USC Section 101
14. Pop Quiz
Now that you know what type of material is
patentable, Answer the following questions.
15. Questions?
What’s a microbe that eats oil?
What’s a Harvard Mouse?
What’s a method of doing business with a
computerized system?
19. Foreign Rights
PCT
Filing within year
Acquiring foreign rights from inventor
Making the Choice
National Filings
Cost
If you have to ask - you can’t afford it
20. How do we make use of Patents
the command accumulates?
21. LICENSING AND THE GOVERNMENT
Or
How to negotiate a successful partnership.
22. What is a License?
A contract between licensor and
licensee.
Licensor grants to licensee the right
to practice the technology claimed in
the licensed patent
Licensor agrees not to sue licensee
for infringing licensor’s patent
23. 37 C. F. R.
PART 404 LICENSING OF GOVERNMENT
OWNED INVENTIONS
§ 404.5 Restrictions and conditions on all licenses granted
under this part.
(1) A license may be granted only if the applicant has
supplied the Federal agency with a satisfactory plan for
development or marketing of the invention, or both, and
with information about the applicant's capability to fulfill
the plan.
(2) A license granting rights to use or sell under a
federally owned invention in the United States shall
normally be granted only to a licensee who agrees that
any products embodying the invention or produced
through the use of the invention will be manufactured
substantially in the United States.
25. Marks
Trademarks® , ™
A trademark identifies tangible good or product of a company or
individual.
Servicemarks ®, SM
A service mark identifies the service s of a provider. Marks used by a company can function as both.
Trade names
Once a trade name was used to denote any mark descriptive of a good or service.
Today, it is a company business name.
26. Acquiring Trademark Rights
Types of trademark
TM - a Trade Mark™ - used before registration
SM - a Service Mark SM - used before registration
Used in Interstate Commerce
Rights by Registration®
Unfair Competition
Misuse of Trade Dress
Passing Off
27. Can the United States
Government Own a
Trade/Service Mark?
YES!!!!
TOMAHAWK®
Marine Corp Marathon
NAVYJOBS.COMSM
Let The Journey Begin SM
28. Can the United States be sued for
Trade/Service Mark Infringement?
YES!!!!!
In 1999, Congress removed Federal
Government sovereign immunity for
trademark infringement including going so far
as to allow the US to be sued in State court.
30. Copyrights
Copyright law protects the expression of an
idea. Not the idea itself.
Copyright protects
“…original works of authorship fixed in any
tangible medium of expression, now known or
later developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the aid of a
machine or device.” (17 U.S.C. § 102)
31. Original
The term original in the copyright law means
that the work originated with the author.
There is no requirement for novelty or
uniqueness as there is in patent law.
Must originate with author.
32. Fixed in a Tangible Medium
Any stable medium that will record or
reproduce the material is acceptable
Computer software satisfies the fixation the
moment the material is stored
a computer display is considered fixed even if
it appears momentarily and only returns under
certain conditions (games)
33. Duration
Depends on whether it is pre or post 1 Jan.
1978
Pre - Depends on whether published?
Registered, first term, renewal etc.
Post -
Life of author + 50 years
Work-for-hire 75 years from publication, 100
years from creation which ever is first
34. Ownership
Works for Hire - employer is considered the author
when:
work prepared by an employee within the scope or his/her
employment
work specially ordered or commissioned for use as a
contribution to a collective work
Transfer of title v Work-for-Hire
under a work for hire, employer is considered the owner.
Duration 75 years from pub or 100 from creation.
Transfer (assignment etc. 35 years)
35. Ownership cont..
Joint Works - when 2 or more people make
contributions of authorship with intention
contributions be merged into inseparable
work
36. Government Copyright
17 USC §105
Copyright protection under this title is not
available for any work of the United States
Government, but the' United States
Government is not precluded from receiving
and holding copyrights transferred to it by
assignment, bequest, or otherwise (including
contract).
37. Fair Use
Limited use without owners permission
criticism, comment, parody, news reporting,
teaching, scholarship or research
criteria
purpose and character of use
nature of original work
amount of work used
extent of harm
38. Teaching Pop Quiz
Lets Apply the criteria:
Education command wants to reproduce a text
book and distribute to all bases and ships at sea.
Permissible?
Graphs copied and reproduced in slides will be
used in lecture to 150 people. The lecture is
going to be video broadcast to all bases and ships
at sea. Permissible?
39. Using IP to Benefit the Lab
Technology
Transfer (T )
2
40. Technology Innovation
Legislation
Stevenson-Wydler Technology Innovation
Act of 1980
Bayh-Dole Act of 1980
Small Business Innovation Development Act
of 1982
Cooperative Research Act of 1984
Federal Technology Act of 1986
41. Technology Innovation (Cont.)
Malcolm Baldridge National Quality
Improvement Act of 1987
Executive Orders 12591 and 12618 of 1987
Facilitating Access to Science and Technology
Other Acts Expanding What Can Be Done:
Defense Authorization Acts
National Competitiveness Technology Transfer
Act
Department of Commerce Funding Acts
42. “It is the continuing responsibility of the
Federal Government to ensure the full use of
the results of the Nation’s Federal investment
in research and development. To this end the
Federal Government shall strive where
appropriate to transfer federally owned or
originated technology to State and Local
Governments and to the private sector.”
43. Job Description for Researchers!
Each laboratory director shall
ensure that efforts to transfer
technology are considered
positively in laboratory job
descriptions, employee promotion
policies, and evaluation of the job
performance of scientists and
engineers in the laboratory.
44. and
Development
Agreement
FEDERAL LABRATORY ... Personnel
Services
Property
Patent License Agreement
NON-FEDERAL PARTY... Personnel
Services
Property
$$$Money$
$$
45. The Advantages of a CRADA
.
Participants are able to leverage Resources:
Manpower, Facilities, Funding
Technical problems are solved more effectively by a
team effort
Technology base is increased in both
organizations.
Federal tax dollars are more effectively utilized
47. (iii) The agency or laboratory shall retain the royalties and other payments received from an
invention until the agency or laboratory makes payments to employees of a laboratory under
clause (i) or (ii).
•(B) The balance of the royalties or other payments shall be transferred by the agency to its
laboratories, with the majority share of the royalties or other payments from any invention going
to the laboratory where the invention occurred. The royalties or other payments so transferred to
any laboratory may be used or obligated by that laboratory during the fiscal year in which they
are received or during the succeeding fiscal year
•(i) to reward scientific, engineering, and technical employees of the laboratory, including
developers of sensitive or classified technology, regardless of whether the technology has
commercial applications;
•(ii) to further scientific exchange among the laboratories of the agency;
•(iii) for education and training of employees consistent with the research and development
missions and objectives of the agency or laboratory, and for other activities that increase the
potential for transfer of the technology of the laboratories of the agency;
•(iv) for payment of expenses incidental to the administration and licensing of intellectual
property by the agency or laboratory with respect to inventions made at that laboratory,
including the fees or other costs for the services of other agencies, persons, or
organizations for intellectual property management and licensing services; or
(v) for scientific research and development consistent with the research and development
missions and objectives of the laboratory.
48. Government Research Money is becoming increasingly
scarce.
The Old Way won’t work anymore!
Formulate
Hypothesis,
Accumulate
Data, Do
Extensive
Testing!
49. Formulate a
hypothesis,
Patent it.
Raise $17 million!
50. And the Lab Was Not Short of
Research Money Anymore
A Fairy Tale
The end
OGC 2000