Information about patents copyrights and trademarks

1. Patents,Trademarks and
Copyrights
Umakant Bhaskarrao Gohatre
1
Intellectual ProPerty

2. Types of Property
2
Real
 Land
Personal
Cars, jewelry, clothing
Easements
Non-corporal interest in real property
Railroads, utilities
Intellectual
Patents, copyrights and trademarks

3. Patents
3
Grant of a property right to the inventor
Issued by the Patent and Trademark Office
Term of a new patent is 20 years from the date on
which the application for the patent was filed in the
United States
US patent grants are effective only within the US, US
territories, and US possessions.

4. Patents
4
The right to exclude others from making, using, offering for
sale, or selling” the invention in the United States or “importing”
the invention into the United States
Not the right to make, use, offer for sale, sell or import, but the
right to exclude others from making, using, offering for sale, selling or
importing the invention

5. 5

6. Patent Laws
6
Constitution of the United States gives Congress the power to
enact laws relating to patents, in Article I, section 8, which
reads
“Congress shall have power . . . 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"

7. Patent Laws
7
Specifies the subject matter for which a patent may be
obtained and the conditions for patentability
Establishes the Patent and Trademark Office (PTO) to
administer the law relating to the granting of patents, and
contains various other provisions relating to patents.

8. Patentability
(What may be patented?)
8
Statute says, "any person who invents any
new and useful process, machine,
manufacture, or composition of matter,
or any new and useful improvement
thereof"

9. Patentability
9
Process:
Process, act or method, and primarily includes
industrial or technical processes
Machine:
Self explanatory
Manufacture:
Articles which are made, including all manufactured articles
Composition of Matter
chemical compositions and may include mixtures of ingredients as well as
new chemical compound

10. Conditions of Patentability
10
Utility
subject matter has a useful purpose and also includes operativeness
Invention must "work" to be useful
Novelty
Must not be known or used by others in this country
Or patented or described in a printed publication in this or a foreign
country

11. Conditions of Patentability
11
Non-obviousness
The subject matter sought to be patented must be sufficiently
different from what has been used or described before that it may be
said to be nonobvious to a person having ordinary skill in
the area of technology related to the invention
Three leg stool

12. Patent and Trademark Office
(PTO)
12
Issue patents on behalf of the Government
Headed by Commissioner of Patents and Trademarks
Part of Department of Commerce
Administers the patent laws as they relate to the granting of
patents for inventions
Examines applications for patents

13. PTO
13
Publishes issued patents and various publications
concerning patents
Similar functions are performed with respect to the
registration of trademarks
No jurisdiction over questions of infringement and the
enforcement of patents
Divided among a number of examining groups, each
group having jurisdiction over certain assigned fields of
technology

14. Patent Application
14
Application = written document which comprises a
specification (description and claims), and an oath or
declaration
Drawing or reduction to practice
Filing fee
Filing date of an application for patent determines priority
(first to file wins!!)

15. Provisional Patent Application
15
Designed to provide a lower cost first patent filing in the
United States
Establish an early effective filing date in a patent
application
Permits the term “Patent Pending”
Applicant would then have up to twelve months to file a
non-provisional application for patent

16. Patentability
16
Laws of nature, physical phenomena and abstract ideas are
not patentable subject matter
Cannot obtained a patent for a mere idea or suggestion
Reduction to Practice of the actual machine or other
subject matter for which a patent is sought is required

17. Design Patents
17
Any new and nonobvious ornamental design for an article
of manufacture
Protects only the appearance of an article, not its
structural or functional features
Design patent has a term of 14 years from grant
Proceedings relating to granting of design patents are the
same as other patents

18. Plant Patents
18
Any newly discovered and asexually reproduced,
distinct and new variety of plant, including cultivated
sports, mutants, hybrids, and newly found seedlings,
other than a tuber-propagated plant or a plant found in
an uncultivated state
same parts as other applications with the addition of a
plant color coding sheet

19. Patent Infringement
19
Unauthorized making, using, offering for sale or
selling any patented invention within the United States
Patentee may sue for relief in the appropriate Federal court
where remedies include:
injunction to prevent the continuation of the infringement
Money damages because of the infringement
Appeal to the Court of Appeals for the Federal Circuit, then US
Supreme Court (writ of certiorari)

20. Trademarks / Servicemarks
20
Word, name, symbol or device which is used in trade with
goods to indicate the source of the goods and to distinguish them
from the goods of others
Servicemark is the same as a trademark except that it
identifies and distinguishes the source of a service rather
than a product

21. Trademarks
21
Used to prevent others from using a confusingly similar mark
Not to prevent others from making the same goods or from
selling the same goods or services under a clearly different
mark
May be registered with the Patent and Trademark Office

22. Trademark Registration
22
Trademark rights established by:
First to use the "mark"
First to file application with PTO
Federal registration not required but has advantages
Registered owner can use mark nationwide
Registration granted for 10 years
renewable for another 10

23. Trademark Registration
23
PTO is responsible for the federal registration of
trademarks
PTO assigns it a serial number and sends the applicant a
receipt about two months after filing
Examining attorney at the PTO reviews the application and
determines whether the mark may be registered

24. Trademark Registration
24
Examining attorney will approve the mark for publication
in the Official Gazette
PTO sends Notice of Publication to the applicant
Opportunity for public opposition
Certificate of Registration 12 weeks after publication

25. "TM", "SM", "®"
25
Use of TM (trademark) or SM (service mark) designation
with the mark to alert the public to the claim
Prior registration with PTO not required
Registration symbol, ®, may only be used when the mark
is registered in the PTO

26. Copyrights
26
Protects the form of expression rather than the subject
matter of the writing
Copyrights are registered by the Copyright Office of the
Library of Congress
Duration is life + 70 years
Title 17 U.S. Code

27. Copyrights
27
Form of protection provided to the authors of “original
works of authorship"
Including literary, dramatic, musical, artistic, and
certain other intellectual works, both published and
unpublished
Gives author and authorized other exclusive rights

28. Copyright Protection
28
Author and Agent have exclusive rights to:
1. Reproduce the copyrighted work
2. Prepare derivative works
3. Distribute copies or phonorecords of the copyrighted
work,
4. Perform the copyrighted work publicly
1. Includes digital audio transmission (Napster)
5. Display the copyrighted work publicly

29. Scope of Copyright Protection
29
Literary works
Musical works
Including lyrics
Dramatic works
Including music
Pantomines
MP-3 Music (Napster)
Choreography
Motion pictures
Pictorial, graphic, sculptoral
works
Sound recordings
Architectural works

30. Scope of Copyright Protection
30
Must be "fixed in a tangible medium of expression" to be protected.
Not protected:
Unrecorded choreography
Slogans, short names, titles, familiar symbols
Ideas, procedures, methods, systems, principles
Information that is "common property"
Calendars, rulers, tape measures, public lists

31. Copyright Registration
31
Registration not require to secure copyright
Since 1978 Copyright protection is obtained
automatically when the work is created, fixed in
tangible medium of expression and published
(distribution in public domain)
Gives right to defend copyright
Copyright registration has advantages

32. Copyright Registration
32
Legal formality intended to make a public record of the
basic facts of a particular copyright
Not a condition of copyright protection
Registration establishes a public record of the copyright
claim
Required before an infringement suit may be filed in court
(Jurisdictional prerequisite)

33. Copyright Notice
33
 Notice of Copyright
Symbol ©
Word "copyright"
Abbreviation "Copr."
Example: © 2000 John Doe
Sound recording require symbol, year first publication and
name of owner
Example: (P) 2001 A. B. C. Records Inc.