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.
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 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.
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. 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 an overview of key intellectual property concepts including copyright, trademarks, trade secrets, and licenses. Copyright protects original creative works, trademarks protect brands and source indicators, and trade secrets protect confidential business information as long as secrecy is maintained. Proper registration, notices, and contractual agreements can strengthen protections for these different types of intellectual property.
The document provides an overview of trade secrets and copyrights. It discusses what constitutes a trade secret under the Uniform Trade Secrets Act, examples of trade secrets, and reasonable efforts to maintain secrecy. It also compares trade secrets to patents and outlines remedies for trade secret misappropriation. The document then discusses what is copyrightable, categories of copyrightable works, exclusive rights under copyright, ownership, works made for hire, and copyright duration. It summarizes termination of copyright transfers under sections 203 and 304.
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.
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 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.
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. 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 an overview of key intellectual property concepts including copyright, trademarks, trade secrets, and licenses. Copyright protects original creative works, trademarks protect brands and source indicators, and trade secrets protect confidential business information as long as secrecy is maintained. Proper registration, notices, and contractual agreements can strengthen protections for these different types of intellectual property.
The document provides an overview of trade secrets and copyrights. It discusses what constitutes a trade secret under the Uniform Trade Secrets Act, examples of trade secrets, and reasonable efforts to maintain secrecy. It also compares trade secrets to patents and outlines remedies for trade secret misappropriation. The document then discusses what is copyrightable, categories of copyrightable works, exclusive rights under copyright, ownership, works made for hire, and copyright duration. It summarizes termination of copyright transfers under sections 203 and 304.
Patent, Trademark, and Copyright
In contemporary world, no business asset is more valuable than Intellectual Property. From the time of the conception of your business you invest in its name, logos, trademarks, and bylines.
They can be as valuable as the reputation and profit levels.
• Are you in a creative business? Designers, illustrators, painters, software engineers, writers, authors can all create works with long lasting value.
• Are you an inventor? How do establish proof of ownership of your invention?
• Attend this workshop and learn:
• Whether or not you need protection for your intellectual property. Regular businesses often should be protecting their brand via copyright & trademarks
• Which methods are appropriate to your situation?
• What processes are involved?
• How much you can do yourself and at what point a lawyer might be needed?
• The timelines involved?
By investing a few hours in this workshop you will have up-to-date information on a key issue that you should address to decide if you need to protect or enhance the value of your business for any intellectual property that you have developed.
Speaker: Divya Khullar
Mr. Khullar is a registered patent attorney and owner USAPatents.com. Experienced in intellectual property (patent, trademark, copyright), litigation, licensing and transactional matters, Mr. Khullar has represented clients in intellectual property, patent, trademark, domain dispute, and copyright dispute litigation. His technical fields of expertise comprise informatics, medical devices, electrical/electronic engineering, software development, image processing, and medical physics.
For more information contact Divya Khullar at www.usapatents.com
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
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.
The document summarizes key aspects of patents and trademarks as regulated by the USPTO. It outlines that the USPTO examines applications for patents and trademarks, with patents providing exclusive rights for inventions and trademarks providing exclusive rights to use a mark for a good or service. It also provides an overview of the different types of patents and trademarks, the requirements and process for obtaining them, and considerations for whether to pursue patent or trademark protection.
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 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.
4-28-16 IP for general counsel (publish)Stephen Mason
This document provides an overview of different types of intellectual property protection including copyrights, trademarks, patents, and trade secrets. It discusses what each type protects, requirements for obtaining protection, rights and limitations, costs associated with protection, and factors to consider in determining what type of protection is most appropriate for a business. Key information covered includes copyright protecting expression but not ideas, trademarks identifying business sources, patents protecting inventions, and trade secrets requiring secrecy.
With the rise of entrepreneurship, intellectual property is booming. This creates a wealth of opportunities for attorneys to start or grow their IP practice. But, like with any area of law, IP requires specialized knowledge to succeed and comply with best practices. Technology is an essential element to minimizing risk in any practice, but particularly, in the deadline-driven world of IP.
All entrepreneurs and small business owners encounter a number of critical legal issues as they open or expand their companies. Learn more about the legal decisions you’ll have to make as you set up your business, identify your customers and suppliers and protect yourself from liability.
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
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.
As we know , Biotechnology & Bioinformatics are the growing fields in INDIA , hence the people should get aware of each and every prospective of copyright , trademarks & trade secrets.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
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 presentation commences with a compelling introduction to the concept of Intellectual Property (IP) rights and their critical role in safeguarding innovations and creativity in various industries. It highlights the significance of protecting intangible assets to foster innovation, encourage investment, and stimulate economic growth.
The presentation begins with an introduction to Intellectual Property Rights (IPR) and its importance in safeguarding various forms of creative and innovative works. It emphasizes the significance of copyright, trademark, and patent protections in fostering creativity, enabling businesses to thrive, and encouraging technological advancements.
This document summarizes key intellectual property and privacy laws as they relate to social media and online campaigns, including:
1. Trademark law which protects brands, logos, slogans, and designs from infringement. Proper searches should be conducted to avoid issues.
2. Copyright law which protects original creative works fixed in a tangible form. Summaries, quotes, images, and videos may require permission.
3. Trade laws like the FTC Act which require disclosure of sponsorships and endorsements to avoid deceptive practices.
4. Privacy laws including COPPA which protects child data and HIPAA which protects health information, requiring policies for social media use. Complying with notice requirements and limiting
This document discusses several key legal issues for entrepreneurs, including intellectual property, hiring an attorney, and establishing an organization. It focuses on intellectual property, explaining what patents, trademarks, and copyrights are and providing details on the patent application process. The document emphasizes that intellectual property represents important business assets that entrepreneurs should understand and protect. It also stresses the importance of hiring a lawyer to help navigate legal requirements and avoid risks.
An intellectual property right granted by theSatyendra Singh
An intellectual property right granted by the government of a nation to an inventor that gives him or her the exclusive right to the invention for up to 20 years, in exchange for disclosing the details of the new technology to society for its ultimate benefit.
Patent, Trademark, and Copyright
In contemporary world, no business asset is more valuable than Intellectual Property. From the time of the conception of your business you invest in its name, logos, trademarks, and bylines.
They can be as valuable as the reputation and profit levels.
• Are you in a creative business? Designers, illustrators, painters, software engineers, writers, authors can all create works with long lasting value.
• Are you an inventor? How do establish proof of ownership of your invention?
• Attend this workshop and learn:
• Whether or not you need protection for your intellectual property. Regular businesses often should be protecting their brand via copyright & trademarks
• Which methods are appropriate to your situation?
• What processes are involved?
• How much you can do yourself and at what point a lawyer might be needed?
• The timelines involved?
By investing a few hours in this workshop you will have up-to-date information on a key issue that you should address to decide if you need to protect or enhance the value of your business for any intellectual property that you have developed.
Speaker: Divya Khullar
Mr. Khullar is a registered patent attorney and owner USAPatents.com. Experienced in intellectual property (patent, trademark, copyright), litigation, licensing and transactional matters, Mr. Khullar has represented clients in intellectual property, patent, trademark, domain dispute, and copyright dispute litigation. His technical fields of expertise comprise informatics, medical devices, electrical/electronic engineering, software development, image processing, and medical physics.
For more information contact Divya Khullar at www.usapatents.com
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
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.
The document summarizes key aspects of patents and trademarks as regulated by the USPTO. It outlines that the USPTO examines applications for patents and trademarks, with patents providing exclusive rights for inventions and trademarks providing exclusive rights to use a mark for a good or service. It also provides an overview of the different types of patents and trademarks, the requirements and process for obtaining them, and considerations for whether to pursue patent or trademark protection.
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 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.
4-28-16 IP for general counsel (publish)Stephen Mason
This document provides an overview of different types of intellectual property protection including copyrights, trademarks, patents, and trade secrets. It discusses what each type protects, requirements for obtaining protection, rights and limitations, costs associated with protection, and factors to consider in determining what type of protection is most appropriate for a business. Key information covered includes copyright protecting expression but not ideas, trademarks identifying business sources, patents protecting inventions, and trade secrets requiring secrecy.
With the rise of entrepreneurship, intellectual property is booming. This creates a wealth of opportunities for attorneys to start or grow their IP practice. But, like with any area of law, IP requires specialized knowledge to succeed and comply with best practices. Technology is an essential element to minimizing risk in any practice, but particularly, in the deadline-driven world of IP.
All entrepreneurs and small business owners encounter a number of critical legal issues as they open or expand their companies. Learn more about the legal decisions you’ll have to make as you set up your business, identify your customers and suppliers and protect yourself from liability.
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
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.
As we know , Biotechnology & Bioinformatics are the growing fields in INDIA , hence the people should get aware of each and every prospective of copyright , trademarks & trade secrets.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
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 presentation commences with a compelling introduction to the concept of Intellectual Property (IP) rights and their critical role in safeguarding innovations and creativity in various industries. It highlights the significance of protecting intangible assets to foster innovation, encourage investment, and stimulate economic growth.
The presentation begins with an introduction to Intellectual Property Rights (IPR) and its importance in safeguarding various forms of creative and innovative works. It emphasizes the significance of copyright, trademark, and patent protections in fostering creativity, enabling businesses to thrive, and encouraging technological advancements.
This document summarizes key intellectual property and privacy laws as they relate to social media and online campaigns, including:
1. Trademark law which protects brands, logos, slogans, and designs from infringement. Proper searches should be conducted to avoid issues.
2. Copyright law which protects original creative works fixed in a tangible form. Summaries, quotes, images, and videos may require permission.
3. Trade laws like the FTC Act which require disclosure of sponsorships and endorsements to avoid deceptive practices.
4. Privacy laws including COPPA which protects child data and HIPAA which protects health information, requiring policies for social media use. Complying with notice requirements and limiting
This document discusses several key legal issues for entrepreneurs, including intellectual property, hiring an attorney, and establishing an organization. It focuses on intellectual property, explaining what patents, trademarks, and copyrights are and providing details on the patent application process. The document emphasizes that intellectual property represents important business assets that entrepreneurs should understand and protect. It also stresses the importance of hiring a lawyer to help navigate legal requirements and avoid risks.
An intellectual property right granted by theSatyendra Singh
An intellectual property right granted by the government of a nation to an inventor that gives him or her the exclusive right to the invention for up to 20 years, in exchange for disclosing the details of the new technology to society for its ultimate benefit.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
3. 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
4. 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
6. 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)
7. 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!
8. Design Patents
Whoever invents any new, original, and
ornamental design for an article of
manufacture may obtain a patent. (35
U.S.C. § 171)
9. 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.
10. 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).
18. 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
19. How do we make use of Patents
the command accumulates?
20. LICENSING AND THE GOVERNMENT
Or
How to negotiate a successful partnership.
21. 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
22. 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.
24. 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.
25. 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
26. Can the United States
Government Own a
Trade/Service Mark?
YES!!!!
TOMAHAWK®
Marine Corp Marathon
NAVYJOBS.COMSM
Let The Journey Begin SM
27. Can the United States be sued for
Trade/Service Mark Infringement?
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.
YES!!!!!
29. 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)
30. 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.
31. 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)
32. 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
33. 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)
34. Ownership cont..
Joint Works - when 2 or more people make
contributions of authorship with intention
contributions be merged into inseparable work
35. 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).
'
36. 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
37. 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?
38. Using IP to Benefit the Lab
Technology
Transfer (T2)
40. 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
41. “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.”
42. 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.
43. CRADA = Cooperative Research and
Development Agreement
FEDERAL LABRATORY ... Personnel
Services
Property
Patent License Agreement
NON-FEDERAL PARTY... Personnel
Services
Property
$$$Money$$$
44. .
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
46. (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.
47. Government Research Money is becoming increasingly
scarce.
The Old Way won’t work anymore!
Formulate
Hypothesis,
Accumulate
Data, Do
Extensive
Testing!