Patents, Trademarks, and Copyrights, how to protect and monetize your inventions and ideas.

1. PROTECTING & MONETIZING
YOUR INTELLECTUAL PROPERTY
University of Michigan-Dearborn
ENGR 100 Introduction to Engineering & Computers
December 7, 2017
Presented By: GreenLaw Virtual, IP, PC.
Mikai J. Green, Esq.,
Principal Attorney
Mikaigreenattorney@Gmail.com

2. What is Intellectual Property?
… Well in a Nutshell
• Anything Created by the Mind/the Intellect
• May be an intangible thought, idea,
concept, innovation, invention, App,
drawing, song, poem, recipe, book, photo…
• Protected by Copyright, Trademark, Patent,
or Trade Secret.

3. Trademark Protection
• A Trademark is any word, symbol, phrase,
that identify and distinguish the source of
goods or services.
• Actual use in commerce or a Bonofide
intent to use.
• Must be distinctive, arbitrary, and unique
not generic. (Apple, Shredded Wheat,
Aspirin, Trampoline, Escalator, Thermos,
Laundromat )

4. What Can be Trademarked
• Words (Sony, Trap Tours)
• Sur Names (Liz Claiborne, Ford, Blu Ivy)
• Phrases(Fly the Friendly Skies,Just Do It)
• Symbols (Nike Swoosh, Apple)
• Sounds (Harley Engine, NBC chime,
you’ve Got Mail, Homer Simpson’s Duh,
Darth Vader's Breathing. )
• Designs (Coke Bottle, “trade dress”)
• Colors (Tiffany Blue, Pink Panther)

5. Examples…

6. Trade Dress Infringement

7. Trade Dress Infringement

8. Registering Your
Trademark
• www.uspto.gov
• Conduct a Free Search at:
http://tmsearch.uspto.gov/
• Starts at $225 Per Class

9. Copyrights
• Protection provided for Original
Works of Authorship Fixed in a
Tangible Medium of Expression
• Literary, Dramatic, Musical, Artistic
works.
• Author enjoys the exclusive right to
reproduce the copyrighted work.
• Copyright lasts 70 years + the life of
the author

10. What is Copyrightable
• Computer Software (Source Code)
• Books
• Recipes
• Photos
• Music
• Poems
• Architecture
• Not Utilitarian Items (Chairs, Weber
Grill, Ribbon Bike Rack, Clothes)

12. Registering Your Copyright
• WWW.ECO.COPYRIGHT.GOV
(Electronic Copyright Office)
• Conduct a Free Search of all the
Registered Copyrights:
https://cocatalog.loc.gov/
• Ranges from $35 - $55 Per Single
Registration (Compilations)

13. PATENTS
• USPTO “United States Patent &
Trademark Office” Governs patents
• Art I Sec 8 Cl 8Congress has the
power to promote the progress of
science and useful arts by securing
for limited times to authors and
inventors the exclusive right to there
respective writings & discoveries.

14. What is a Patent
• A patent grants the right to exclude
others from “making, using, selling,
or importing the invention throughout
the United States.”
• Grants the Inventor a 20 Year
monopoly to exploit his/her Invention
• Incentive is to award inventors a
monopoly for improvements

15. What is Patentable
• Patent Worthy Inventions must be:
1. Novel : New (or any New Useful
Improvements of the Prior Art)
2. Functional: Useful, not a mere idea,
law of nature, scientific principle.
3. Non-Obvious: Cannot be the natural
progression of an already existing
concept (La-Z-Boy)

16. 3 Types of Patents
1. Utility Patent (Medicine, Machines,
Technology, Manufactured Goods)
2. Design Patent (Ornamental
Designs for an article of
manufacturing, Packaging)
3. Plant Patent granted to anyone
who invents or discovers and
asexually reproduces any distinct
and new variety of plant.

17. DISCLOSURE REQUIREMENTS
• Full Disclosure: The Specification shall contain
a written description of the invention, and the
manner and process of making and using it, in
full, clear, concise, exact terms, as to enable any
person skilled in the art to make and use.
• Metes & Bounds: Provide notice of the claimed
boundaries distinguishing the invention from the
prior art.
• Prototype & Drawings: Recommend you hire a
Patent Diagram Draftsman. (with the exception of
chemicals) (Disclose chemical compound)

18. PRIOR ART
• Prior Art: All information that has
been made available to the public in
any form before a given date that
might be relevant to a patent's claims
of originality. (Public Domain)
• Improvements: Overcome the
novelty requirement but not Methods.
(Ex. Flying car itself but not the
method of how to manufacture it)

22. How to Apply for a
Patent
• WWW.USPTO.GOV
• Conduct a Free Search: Google Patents
• Nonprovisional: (1) Specifications (2)
Drawings (3) Oath/Declaration (4) Filing
Fees (Micro & Small entity status enjoy a
discounted fee $400)
• Provisional: Lower cost alternative for 1st
time patent filers and permits the term
“Patent Pending” to be applied to the
invention. ($65)

23. WAYS TO MONETIZE
• Sell your Invention
• License use of your Invention
• Gatorade/Univ. of Florida: More than
$94 million in royalties since 1973
• Google/Stanford: could earn more
than $200 million depending on how
the stock performs
• Remicade/NYU: $650 million in
royalties

24. Helpful Resources
• NDA: Non-Disclosure Agreements
• Disclaimers
• Patent Procurement Clinics (U of D
Law, Wayne State Law)
• Eventbrite: USPTO hosts free IP
seminars
• Pro Se Assistance Program:
IndependentInventor@uspto.gov

25. Please feel free to contact me:
Mikai J. Green, Esq.,
Principal Attorney,
GreenLaw Virtual Intellectual Property PC
Mikaigreenattorney@gmail.com