Protecting Your Ideas: An Introduction to Intellectual Property Rights. By Sasha G. Rao and Andrew J. Koning

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Protecting Your Ideas: An Introduction to Intellectual Property Rights. By Sasha G. Rao and Andrew J. Koning"

Transcription

1 Protecting Your Ideas: An Introduction to Intellectual Property Rights By Sasha G. Rao and Andrew J. Koning You have an idea. Something that s going to revolutionize the industry. You re excited, but before you blog about it on the web or post it on Facebook for your friends to marvel, you realize that you need to protect it. But how? This article presents an overview of some key intellectual property rights and what steps you ll need to take to avail yourself of these rights. This article is by no means comprehensive and is not intended as legal advice. If you truly think your idea has potential, then make an appointment with an experienced intellectual property attorney to ensure that others don t profit on your genius. 1. Intellectual Property Rights Intellectual property is the legal term for different types of ideas that can be protected by law. These ideas can range from poetry and music to windmills and flying cars. Intellectual property rights are divided into several categories depending on the nature of the idea. The categories of rights are copyright, trademark, trade dress, patent and trade secret. Each category arises from different legal sources and therefore can vary depending on your particular circumstance. Each type of intellectual property right protects a distinct type of human ingenuity and certain inventive processes can be protected by multiple rights. To help illustrate how each right may be used, this article not only explains how these rights might work but also presents a fictitious technology company Acme Hardware and demonstrates how its products may be protected under all five categories Copyright Copyright is the set of exclusive legal rights a creator of an original work has over their work, including the right to copy, distribute and adapt the work. Afforded by the United States Constitution and codified by Congress, copyright protection subsists from the time the work is created in fixed form. What this means is that the moment you write an original work, such as a song or software code, that work is protected from unauthorized copying. The copyright in the work immediately becomes the property of the person who created the work. It is only the author or those deriving their rights through the author who can rightfully claim ownership. Copyright protection does not require extra steps such as registration or examination by a federal agency. But federal registration is available and does provide added benefits such as the ability to file a claim for copyright infringement in federal court. The framework of copyright protection can be porous, and there are circumstances that permit the use of a copyrighted work without permission or legal repercussion. The fair use doctrine permits limited copying and distribution of an original work without the permission of the copyright holder. This doctrine covers uses such as educational uses or parodies (e.g. on television shows like Saturday Night Live). 42

2 CASE STUDY: Acme Hardware is a growing hardware company that designs and manufactures 3D gaming consoles. Acme has recently written over five million lines of code to be used by its latest console controller. Luckily for Acme, the code is automatically protected from unauthorized copying; but Acme can still face risk if its code is not kept secret. This is because software engineers can rewrite code, changing the visual form while maintaining the underlying function. If an engineer acquires access to code, she could in theory rewrite an implementation using different code to carry out the same instructions, thereby avoiding a copyright infringement claim. Thus copyright might not provide the best protection for software. This limitation means that copyright s strongest use is with artistic expression, such as a song or painting, where the value is derived from the form itself and not the function. For Acme, its advertisements would be a good candidate for copyright protection Trademark Trademarks protect identifiable signs or symbols on a product that connects the product to the trader or producer of that product. A trademark may be a symbol, words, or something else that associates consumers with a company or its product. Like copyright, a trademark does not require registration. In other words, certain marks or logos associated with a particular company may be protected even though not federally registered with the United States Patent and Trademark Office. But unlike copyright, a trademark cannot be appropriated by itself rather, a trademark only exists in relation to some form of commercial activity. A trademark is meant to aid the consumer in identifying the source of a particular good. Therefore, the legal protection serves both to protect the public from confusion as well as to protect the trademark owner from losing his or her market. Even though a trademark does not require registration, there is a federal registry that provides some advantages. First, registration provides an official priority date that may be used to overcome any later claims that someone else used the mark first. Second, registration provides a constructive nationwide notice of use. Third, a registrant has access to the federal court system. And lastly, federal registration for a period of five years provides additional protections not afforded by common law. In order to serve as a trademark, a mark must be distinctive. In determining whether a mark is distinctive, trademark law groups marks into four categories, based on the relationship between the mark and the underlying product or service: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. Because marks in each of these categories vary in distinctiveness, the requirements for, and degree of, legal protection depend upon which category the mark falls within. An arbitrary or fanciful mark is given the greatest protection because the likelihood of confusion is the smallest. Examples of arbitrary marks are Nike and Amazon. A suggestive mark implies a characteristic of a product, but is still deemed inherently distinctive and thus is automatically entitled to protection. Examples of suggestive marks are Blu-Ray and Coppertone. A descriptive mark conveys an immediate idea of the ingredients, qualities or 43

3 characteristics of the goods. Because descriptive marks are not inherently distinctive, they can only be protected if they have acquired secondary meaning. According to the United States Supreme Court, secondary meaning is acquired when in the minds of the public, the primary significance of a product feature... is to identify the source of the product rather than the product itself. An example of a descriptive mark that was granted protection after the manufacturer showed secondary meaning is Frosted Mini Wheats. Lastly, a generic term such as rubber tires is provided no protection because the term refers, or has come to be understood as referring, to the particular product. Interestingly, a mark can become generic and fall into the public domain if the public consistently refers to the term for a class of products. A historical example of that happening is with the Kleenex brand of tissues. A subset of trademark law is trade dress which protects the visual design of objects that are not purely functional. Trade dress protection is intended to protect consumers from products that are packaged to imitate the appearance of other products and thus to prevent a consumer from buying one product under the belief that it is another. Trade dress also requires that the dress be either inherently distinctive or acquire distinctiveness through secondary meaning. CASE STUDY: Acme Hardware will likely be unsuccessful in registering Acme Hardware as the name is descriptive at best. But Acme will likely be able to acquire protection for its console name: Kazamo. Because Kazamo is an arbitrary term, Acme will not have to show secondary meaning. Nevertheless, Acme will still have to ensure that the mark is not already used by another. If it is, Acme runs the risk of being sued by the original holder. Courts will allow multiple users of a mark but only if the risk of confusion is limited. This occurs if the mark holders are geographical diverse and/or sell completely different types of products Patents Patent rights were established over 200 years ago in the United States Constitution: 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. A patent grants an inventor the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States for a limited time in exchange for public disclosure of the invention when the patent is granted. It is important to note that a patent grants its owner the right to exclude others from practicing the patented invention. It does not automatically give the patentee the right to continue producing an article/product or practicing a process that is the subject of its patent. Unlike copyright and trademarks, a patent must be applied for. Patent applications are examined by a federal agency called the United States Patent and Trademark Office (USPTO). This office will only grant a patent if the application meets certain requirements. First, the subject matter of the claimed invention must fall within four categories of inventions or discoveries: processes, machines, manufactures, and compositions of matter. This broad range is said to ensure that ingenuity receives liberal encouragement. Second, the claimed invention must be new. This test looks at prior inventions and human knowledge to see whether the claimed invention is actually new. The office will also reject an application if it believes that an ordinary person in a given field (i.e. a software engineer for a software patent application) would find the claimed invention 44

4 obvious. Third, the application itself must be described in such a way that allows the ordinary person to recognize and practice what has been invented. Lastly, the applicant must describe the best mode subjectively known to the inventor for carrying out his or her invention. While a patent provides the right to exclude others from practicing your invention, it does not necessarily provide the patent holder with the right to practice the patented invention him or herself. For example, if a patent is granted for a type of hammer, there could still be another patent for the process of manufacturing that hammer. CASE STUDY: Acme s gaming console has hundreds of components which by themselves could qualify for patent protection. Acme could patent not only the console itself, but also the firmware used by the console s hardware components. The Kazamo console would fall under the machine category of patentable subject matter while the firmware would be a process. Both however would have to novel and not obvious in light of prior inventions and Acme would need to ensure that its console does not infringe someone else s patent and risk being taken to court Trade Secret Lastly, there is trade secret law to protect an idea that is not generally ascertainable by the public and is protected by reasonable means (i.e. kept a secret). The owner of that idea can enforce its confidential status against those who obtain improperly the idea. Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. Unlike trademarks and patents which are protected under federal statutes, trade secrets are protected by state law. One of the more significant features of trade secrets when compared to patents and trademarks is that a trade secret is only protected when the secret is not disclosed. Trade secrets offer several advantages over patents. First, a trade secret has no fixed term of protection whereas a patent has a fixed 20 year term. Second, because the idea is kept confidential, there is often less cost and possible litigation associated with it. But unlike patent protection, once a trade secret is known either by reverse engineering or independent discovery, there is no recourse. CASE STUDY: Acme can also maintain its inventions as trade secrets. As discussed below, there are many questions to consider when deciding whether to patent an invention or maintain it as a trade secret. Acme s manufacturing process for the Kazamo Acme s console would be a good candidate for trade secret protection because it is highly efficient and would be a valued prize to a competitor. It is also a good candidate because the process cannot be deduced from analysis of the end product, the Kazamo. If Acme can keep it sufficiently secret, any unauthorized access and misappropriation will allow Acme to seek redress in court. 45

5 2. Key Considerations So, what method of protection should you choose? We outline some of the considerations below but caution readers to seek legal advice from a qualified intellectual property attorney in your jurisdiction. There are several questions you ll need to consider. First, how vulnerable is your idea to reverse engineering or independent discovery? Second, what is the commercially valuable life of your idea? Third, will the costs of applying for a patent outweigh the costs of protecting your trade secret? Fourth, is the subject matter of your idea patentable? Fifth, is your idea adequately new to warrant a patent? Sixth, do you want to practice or license your idea? And lastly, would you be able to afford the costs associated with enforcing your patent? Each one of these questions is addressed below. If your idea is vulnerable to independent discovery or reverse engineering, you might want consider applying for a patent. Patents provide protection for the first to invent, so later independent discovery of the same invention will not affect your rights granted by a patent. Alternatively, if your idea has a high degree of complexity and is not easily reverse engineered then trade secret protection might be a viable option. Trade secret protection, however, does not stop a competitor from reverse engineering your idea, so you ll want to consider patent protection if reverse engineering is easily accomplished. Second, if the commercially valuable life of your idea is longer than 20 years, you might want to hold off on getting a patent and opt for trade secret protection which is theoretically never ending. Similarly, if the commercially valuable life of your idea is only a year or two, then spending several years obtaining a patent might not be the most efficient method of protection. There are circumstances where obtaining a patent nevertheless makes the most sense. Third, the cost of applying for a patent can be high. Even if you re a lone inventor or a small company and can get certain price reductions, you ll still need a patent agent or attorney to draft the claims and handle communication with the patent office. You could avoid those costs by applying yourself, but patent law is complex and the advice of an expert is prudent. Depending on your industry however, these costs could be less than the cost of maintaining a trade secret. Security in both limiting physical access to your trade secrets and also ensuring the people who do have access sign confidentiality agreements can be pricey. Fourth, as discussed above, your idea must fall within one of the patentable subject matter categories. The Supreme Court recently reiterated that these categories are broad. An inventive idea, however, can still fall outside these defined categories meaning you can either modify your idea to fall inside one of the subject matter categories or rely on trade secret protection. Either way, consultation with an attorney is a necessity. Fifth, just because your idea is something new and valuable does not mean that a grant of a patent is automatic. As discussed above, your idea must meet the USPTO s definition of novel. If that threshold is unattainable, then trade secret protection might be your best option. 46

6 Sixth, if you neither have the means nor the desire to practice your invention, you may be interested in a licensing deal. Yet, deciding whether you want to license your invention as a trade secret or a patent needs consideration. Licensing could pose additional issues with keeping your invention confidential and reasonably secure to maintain its trade secret status. If security is an issue, licensing your idea as a patent might be a more attractive option. Lastly, if you do obtain a patent, you are by no means free and clear of legal obstacles. If someone infringes your patent, you will likely need to take affirmative steps to stop them. This could even mean having to take them to court. Once in court, the alleged infringer can both dispute your claim that they infringe your patent and can also attack the validity or enforceability of your patent. Patent litigation, furthermore, can be expensive. All these questions and others must be considered. Intellectual property rights provide a broad spectrum of protection for human ingenuity, however because the issues are complex, careful analysis of what protection is best for you in consultation with a qualified attorney is necessary to ensure that you can capitalize on your creativity. 47

Intellectual Property is the body of law that protects the fruits of human intelligence: our inventions, our creative works, and the logos and brand names that we adopt for the goods and services we sell.

More information

Intellectual Property

Intellectual Property Intellectual Property Ethics and Computing Chapter 8 Summer 2001 CSE 4317: Intellectual Property 1 Motivation Most new ideas in the computer field involve intellectual property Intellectual property must

More information

Many people think that Ideas constitute an Invention. In this module, we make the distinction between an idea and an invention more clear.

Many people think that Ideas constitute an Invention. In this module, we make the distinction between an idea and an invention more clear. Many people think that Ideas constitute an Invention. In this module, we make the distinction between an idea and an invention more clear. 1 2 The invention process for the successful inventor should start

More information

U.S. Intellectual Property Law: A Brief Introduction

U.S. Intellectual Property Law: A Brief Introduction U.S. Intellectual Property Law: A Brief Introduction LeClairRyan Thomas M. Pitegoff 885 Third Avenue Sixteenth Floor New York, New York 10022 Phone: 212.634.5032 tom.pitegoff@leclairryan.com WWW.LECLAIRRYAN.COM

More information

The Strategic Marketing Institute Working Paper

The Strategic Marketing Institute Working Paper The Strategic Marketing Institute Working Paper An Introduction to Patents, Brands, Trade Secrets Trademarks, and Intellectual Property Rights Issues William A. Knudson 1-0806 August 2006 An Introduction

More information

BOISE STATE UNIVERSITY THE INVENTOR'S GUIDE

BOISE STATE UNIVERSITY THE INVENTOR'S GUIDE BOISE STATE UNIVERSITY THE INVENTOR'S GUIDE The purpose of the Inventors Guide is to answer the most common questions regarding inventions, patents and technology commercialization. The guide is designed

More information

Intellectual Property How to Protect Your Discovery. Technology Transfer Office

Intellectual Property How to Protect Your Discovery. Technology Transfer Office Intellectual Property How to Protect Your Discovery Technology Transfer Office Technology Transfer In the course of doing research & development you make discoveries BloodCenter Research Foundation protects

More information

Intellectual Property, Patents & Trademarks March 20, 2015. Big ideas SMU

Intellectual Property, Patents & Trademarks March 20, 2015. Big ideas SMU Intellectual Property, Patents & Trademarks March 20, 2015 Big ideas SMU Andrea Perez aperez@kesslercollins.com (214) 379-0742 1. Type of Intellectual Property Copyrights Patents Trademarks Trade secrets

More information

Patents and Intellectual Property

Patents and Intellectual Property Patents and Intellectual Property Minnesota Inventors Network JJ Hill Research Center May 17, 2016 Questions * What are the types of Intellectual Property? * Why apply for IP protection? * Is there any

More information

INTRODUCTION TO INTELLECTUAL PROPERTY

INTRODUCTION TO INTELLECTUAL PROPERTY INTRODUCTION TO INTELLECTUAL PROPERTY The basic principles for your organisation 14340078/21 DISCUSSION OUTLINE Fundamentals of intellectual property 1. Nature of IP 2. Types 3. Ownership 2 SECTION 1:

More information

Intellectual Property and Copyright

Intellectual Property and Copyright Intellectual Property and Copyright Legal Guide 2 0 1 5 NEW PLYMOUTH 1 Dawson Street Private Bag 2013 Phone (06) 768-3700 Fax (06) 768-3701 INGLEWOOD 92 Rata Street PO Box 28 Phone (06) 756-8118 Fax (06)

More information

Trademark Issues for the Wine Industry, Part I

Trademark Issues for the Wine Industry, Part I Part I At NEAL & MCDEVITT, we help those in the wine industry understand intellectual property law with our world class expertise and an appreciation of our clients concerns. We have prepared a series

More information

Hunt Biggs LLP is a multi-discipline practice existing under the laws of the Province of Ontario, Canada and the Law Society of Upper Canada.

Hunt Biggs LLP is a multi-discipline practice existing under the laws of the Province of Ontario, Canada and the Law Society of Upper Canada. Hunt Biggs LLP provides a full range of Intellectual Property Services. Our goal is to deliver personalized high quality Intellectual Property services in a direct, approachable and cost effective way.

More information

Introduction To U.S. Trademark Law 1

Introduction To U.S. Trademark Law 1 Introduction To U.S. Trademark Law 1 This article will introduce the reader to some of the basic concepts of U.S. trademark law. While it is not intended to substitute as legal advice or a comprehensive

More information

Checklist. davies.com.au

Checklist. davies.com.au IP Checklist davies.com.au Introduction Commercialising ideas and developing a business requires consideration of intellectual property laws. If you don t you might be wasting money or risking the very

More information

Trademark Basics COOLEY LLP 5 PALO ALTO SQUARE 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306 WWW.COOLEY.COM

Trademark Basics COOLEY LLP 5 PALO ALTO SQUARE 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306 WWW.COOLEY.COM Trademark Basics COOLEY LLP 5 PALO ALTO SQUARE 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306 WWW.COOLEY.COM Trademark Basics What is a Trademark? Trademark is the legal name for a brand name. It is a

More information

Intellectual Property

Intellectual Property Intellectual Property Protection Helpsheet When running a business you need to consider protecting your intellectual property which could be anything from your logo to inventions, products and designs.

More information

Trademark Lessons You Don t Want to Learn the Hard Way

Trademark Lessons You Don t Want to Learn the Hard Way Trademark Lessons You Don t Want to Learn the Hard Way Trademark Lesson #1 Not Understanding What Trademarks Are and Why They re Important Typically, a trademark is a word, phrase, logo, symbol, or character

More information

INTELLECTUAL PROPERTY CONSIDERATIONS FOR YOUR BUSINESS

INTELLECTUAL PROPERTY CONSIDERATIONS FOR YOUR BUSINESS INTELLECTUAL PROPERTY CONSIDERATIONS FOR YOUR BUSINESS Shannon S. Sheldon MCKEON SHELDON MEHLING A Limited Liability Law Company 2145 Kaohu Street, Suite 203 Wailuku, Hawaii 96793 p. 808.242.6644 f. 808.244.9775

More information

To avoid infringement suits, we can screen your proposed trademarks nationally and internationally within hours.

To avoid infringement suits, we can screen your proposed trademarks nationally and internationally within hours. Trademarks Monetize Your Ideas Patents, Trademarks, Copyrights and Trade Secrets are assets that can be worth many more times their cost. By harnessing our skills and experience, we can help protect your

More information

Why Have Intellectual Property?

Why Have Intellectual Property? Intellectual Property: Protecting Your Ideas James J. Pohl Timothy A. Doyle April 23, 2009 Why Have Intellectual Property? To protect ideas and expressions and to promote investments in these activities

More information

Intellectual Property Guide Trademarks, Copyrights, Patents & Trade Secrets

Intellectual Property Guide Trademarks, Copyrights, Patents & Trade Secrets Trademarks, Copyrights, Patents & Trade Secrets Dorsey & Whitney LLP Millennium Building 125 Bank Street Suite 600 Missoula, MT 59802-4407 (406) 721-6025 What is Intellectual Property?.... 1 What is a

More information

Jerry Haynes Law registered patent attorney

Jerry Haynes Law registered patent attorney Jerry Haynes Law registered patent attorney 2 North Oakdale Avenue Medford, OR 97501 Phone: (541) 494-1433 Fax: (206) 222-1641 www.jerryhayneslaw.com Located in Medford, Oregon, Jerry Haynes Law assists

More information

Contents. Legal structures 3-4

Contents. Legal structures 3-4 Legal Issues 1 Contents Legal structures 3-4 1.1 Sole trader 1.2 Partnership 1.3 Limited liability partnership (LLP) 1.4 Limited liability Company 1.5 Franchise 1.6 Social enterprises Intellectual property

More information

Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer

Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer Intellectual Property Protection for Websites By Donika Ilieva, IP and ICT lawyer Nowadays companies cannot afford to ignore the internet, which provides a global market where they can place their products

More information

INTELLECTUAL PROPERTY PROTECTION Roger Braunfeld and Thomas O. Wells Companies create intellectual property daily, and the ability to protect it

INTELLECTUAL PROPERTY PROTECTION Roger Braunfeld and Thomas O. Wells Companies create intellectual property daily, and the ability to protect it INTELLECTUAL PROPERTY PROTECTION Roger Braunfeld and Thomas O. Wells Companies create intellectual property daily, and the ability to protect it directly affects its value. There are four main types of

More information

US TRADEMARK REGISTRATION

US TRADEMARK REGISTRATION US TRADEMARK REGISTRATION Julee L. Milham emusiclaw.com Type: Published: Last Updated: Keywords: Legal guide Intellectual property; United States; trademark; copyright; patent; logo. This document provides

More information

INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY RIGHTS WHAT IS INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY LAW? Intellectual property law is about the exclusive right to intellectual property the exclusive right to creations

More information

Naming Your Company, Product or Services By Judith Silver, Esq. 1

Naming Your Company, Product or Services By Judith Silver, Esq. 1 Naming Your Company, Product or Services By Judith Silver, Esq. 1 When picking a name for your company, product or service, you want to first understand trademark law which is an integral part of the decision.

More information

THE TRUTH ABOUT TRADEMARKS

THE TRUTH ABOUT TRADEMARKS THE TRUTH ABOUT TRADEMARKS Every attorney with a business client has a client with a potential trademark issue. This article is intended to help unravel some of the myths and complexities of trademark

More information

Government Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis

Government Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis Government Contract Andrews Litigation Reporter VOLUME 23 h ISSUE 6 h July 27, 2009 Expert Analysis Commentary Intellectual Property Rights In Government Contracting By William C. Bergmann, Esq., and Bukola

More information

COPYRIGHT & FAIR USE BASICS FOR NONPROFITS

COPYRIGHT & FAIR USE BASICS FOR NONPROFITS PUBLIC COUNSEL COMMUNITY DEVELOPMENT PROJECT COPYRIGHT & FAIR USE BASICS FOR NONPROFITS MAY 2010 COPYRIGHT & FAIR USE BASICS FOR NONPROFITS Like for-profit businesses, nonprofit organizations seek to market

More information

PROCEDURES AND COSTS FOR PATENTS

PROCEDURES AND COSTS FOR PATENTS Attorneys At Law Patents, Trademarks & Copyrights Columbus, Ohio 7632 Slate Ridge Blvd. 614/575-2100 Reynoldsburg, Ohio 43068-8159 www.ohiopatent.com PROCEDURES AND COSTS FOR PATENTS PLEASE NOTE: This

More information

Lesson 17 Worksheet: Intellectual Property 101

Lesson 17 Worksheet: Intellectual Property 101 The Creative Pathfinder Lesson 17 Worksheet: Intellectual Property 101 This Worksheet will help you understand the basics of intellectual property law, and give you some fundamental principles for protecting

More information

Intellectual Property Policy

Intellectual Property Policy Intellectual Property Policy Policy - CP029 Prepared Reviewed Approved Date Council Minute No. Manager Corporate Administration Corporate Management Team Council June 2014 2014/0126 Trim File: 18/02/01

More information

Intellectual Property Rights in the USA

Intellectual Property Rights in the USA Intellectual Property Rights in the USA Intellectual Property Office is an operating name of the Patent Office Contents Intellectual property rights in the USA What are intellectual property rights? International

More information

5. INTELLECTUAL PROPERTY LAW

5. INTELLECTUAL PROPERTY LAW 5. INTELLECTUAL PROPERTY LAW KNOW There are five key areas of Intellectual Property Law for nonprofit to be aware of: KNOW MORE 1. Intellectual Property (IP) Defined: Intellectual Property are assets of

More information

ASSIGNMENT OF INTELLECTUAL PROPERTY RECITALS

ASSIGNMENT OF INTELLECTUAL PROPERTY RECITALS ASSIGNMENT OF INTELLECTUAL PROPERTY This ASSIGNMENT OF INTELLECTUAL PROPERTY (the Assignment ) is made and entered into on July, 2013, by and between, a U.S. citizen residing at ( Assignor ), and Target

More information

Inventions & Patents: Marketing a New Idea

Inventions & Patents: Marketing a New Idea Inventions & Patents: Marketing a New Idea About Intellectual Property Intellectual Property (IP) refers to the rights assigned to individuals who have created an original work. This can include inventions,

More information

Intellectual Property. Litigation and. Enforcement PATENT, TRADEMARK COPYRIGHT. 360 IPR Management and IPR Audit

Intellectual Property. Litigation and. Enforcement PATENT, TRADEMARK COPYRIGHT. 360 IPR Management and IPR Audit A Corporate, Tax and Business Advisory Law irm IP & IT Division Intellectual Property Litigation and Enforcement 360 IPR Management and IPR Audit PATENT, TRADEMARK COPYRIGHT THE IRM Vaish Associates is

More information

Fact Sheet Intellectual Property considerations for business websites

Fact Sheet Intellectual Property considerations for business websites European IPR Helpdesk Fact Sheet Intellectual Property considerations for business websites The European IPR Helpdesk is managed by the European Commission s Executive Agency for Small and Medium-sized

More information

Web development, intellectual property, e-commerce & legal issues. Presented By: Lisa Abe

Web development, intellectual property, e-commerce & legal issues. Presented By: Lisa Abe Web development, intellectual property, e-commerce & legal issues Presented By: Lisa Abe October 8, 2005 Web development, intellectual property, e-commerce & legal issues 1. what intellectual property

More information

INTELLECTUAL PROPERTY LAW FOR THE ENTREPRENEUR

INTELLECTUAL PROPERTY LAW FOR THE ENTREPRENEUR INTELLECTUAL PROPERTY LAW FOR THE ENTREPRENEUR Peter R. Leal INTELLECTUAL PROPERTY FROM THE BEGINNING OF THE BUSINESS Next to its management team, intellectual property is a startup s most important asset.

More information

Brewing Up a Branding Strategy for the Craft Brewers Conference

Brewing Up a Branding Strategy for the Craft Brewers Conference Brewing Up a Branding Strategy for the Craft Brewers Conference April 20, 2007 Susan Anthony Attorney-Advisor Office of International Relations U.S. Patent and Trademark Main (571) 272-9300 1 STOP Strategy

More information

INTELLECTUAL PROPERTY LAW FOR MOBILE TECHNOLOGY DEVELOPERS

INTELLECTUAL PROPERTY LAW FOR MOBILE TECHNOLOGY DEVELOPERS INTELLECTUAL PROPERTY LAW FOR MOBILE TECHNOLOGY DEVELOPERS Chapter 2 2012 Hoffman Warnick LLC 1 Chapter II. A Basic IP Framework The purpose of this chapter is to convey a basic IP rights framework that

More information

Basic Information Regarding U.S. Patents

Basic Information Regarding U.S. Patents Dorsey & Whitney LLP Millennium Building 125 Bank Street Suite 600 Missoula, MT 59802-4407 (406) 721-6025 Table of Contents Basic Information Regarding U.S. Patents...1 What Is A Patent?...1 What Can Be

More information

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS World Book 1. TRADE-MARKS 1.1 INTRODUCTION The Act relating to trade-marks and unfair competition (commonly known as the Trade-marks Act) governs trade-mark matters in and, as a federal law, receives application

More information

Intellectual Property Overview

Intellectual Property Overview Intellectual Property Overview Sanjiv Chokshi, Esq. Assistant General Counsel For Patents and Intellectual Property Office of General Counsel Fenster Hall- Suite 480 (973) 642-4285 Chokshi@njit.edu Intellectual

More information

The basics of an Intellectual Property Program

The basics of an Intellectual Property Program Technology Insights The basics of an Intellectual Property Program Inside: Features of an Intellectual Property Program What is intellectual property? Role of CEOs and CFOs Foreign patents or copyrights

More information

Intellectual property experts SPAIN

Intellectual property experts SPAIN Intellectual property experts SPAIN Roland & Douglas Patentes y Marcas Protection and strategy: the mainstays of defending our clients interests Roland & Douglas Patentes y Marcas Roland & Douglas is

More information

INTELLECTUAL PROPERTY RIGHTS (IPR)

INTELLECTUAL PROPERTY RIGHTS (IPR) INTELLECTUAL PROPERTY RIGHTS (IPR) WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights

More information

Fact Sheet Intellectual Property considerations for business websites

Fact Sheet Intellectual Property considerations for business websites European IPR Helpdesk Fact Sheet Intellectual Property considerations for business websites July 2015 1 1. What elements of your website can be protected by intellectual property law?... 2 2. How to protect

More information

Trademark Basics: An introduction for Patent Professionals. Athar A. Khan November 2010

Trademark Basics: An introduction for Patent Professionals. Athar A. Khan November 2010 Trademark Basics: An introduction for Patent Professionals Athar A. Khan November 2010 Agenda What is a Trademark Compared to Patents/Copyrights What Can Be Registered Overview of Registration and Prosecution

More information

Chapter 2 Fields of Intellectual Property Protection

Chapter 2 Fields of Intellectual Property Protection Chapter 2 Fields of Intellectual Property Protection Patents Introduction Conditions of Patentability Drafting and Filing a Patent Application Examination of a Patent Application Infringement Exploitation

More information

Guide to Intellectual Property A Resource for Merit Badge Counselors

Guide to Intellectual Property A Resource for Merit Badge Counselors Guide to Intellectual Property A Resource for Merit Badge Counselors Introduction Scouts encounter intellectual property (or IP for short) every day, and many are not aware of their moral and legal responsibilities

More information

TRADEMARKS AND THE INTERNET

TRADEMARKS AND THE INTERNET TRADEMARKS AND THE INTERNET TRADEMARK LAW A trademark or service mark is a word, name, symbol or device used to identify goods or services and distinguish them from others. Trademarks and service marks

More information

Patent Protection in Hong Kong. What is a patent?

Patent Protection in Hong Kong. What is a patent? Patent Protection in Hong Kong What is a patent? A patent gives the inventor an exclusive right to use his invention. An invention which is new and involves an inventive step can be patented in Hong Kong

More information

RESEARCH & INNOVATION INTELLECTUAL PROPERTY (IP)

RESEARCH & INNOVATION INTELLECTUAL PROPERTY (IP) RESEARCH & INNOVATION INTELLECTUAL PROPERTY (IP) What is Intellectual Property (IP)? Intellectual Property (IP) includes different types of invention, design, brand name or original creation There are

More information

INTERNET USAGE AND THE POTENTIAL EFFECT IN YOUR MANAGEMENT OF YOUR PATENT PROGRAM. Steven D. Hemminger. Lyon & Lyon, LLP

INTERNET USAGE AND THE POTENTIAL EFFECT IN YOUR MANAGEMENT OF YOUR PATENT PROGRAM. Steven D. Hemminger. Lyon & Lyon, LLP INTERNET USAGE AND THE POTENTIAL EFFECT IN YOUR MANAGEMENT OF YOUR PATENT PROGRAM Steven D. Hemminger Lyon & Lyon, LLP {1} Much has been written and said about the Internet and the benefits for a company

More information

Intellectual Property. For Designers

Intellectual Property. For Designers Intellectual Property For Designers Jefferson Coulter PLLC Legal Solutions 1216 Pine Street Suite 201 Seattle, WA 98101 206.957.8181 www.coultertm.com 2 What Intellectual Property Rights Are Implicated

More information

Protection and Enforcement of Trademarks, in the U.S. and Abroad

Protection and Enforcement of Trademarks, in the U.S. and Abroad Protection and Enforcement of Trademarks, in the U.S. and Abroad Susan Anthony, Acting Director Global Intellectual Property Academy Office of Policy and International Affairs Susan.Anthony@uspto.gov -

More information

Nanotechnology in Health Care (NTH, NANOGE01, NANOME01)

Nanotechnology in Health Care (NTH, NANOGE01, NANOME01) Nanotechnology in Health Care (NTH, NANOGE01, NANOME01) Lecture Notes PART 10b: APPENDIX A Intellectual property and Patents NTH Notes, Appendix A - IPR Page 1 of 13 INTELLECTUAL PROPERTY (IP) Intellectual

More information

INTELLECTUAL PROPERTY LICENSING BASICS FOR NONPROFITS

INTELLECTUAL PROPERTY LICENSING BASICS FOR NONPROFITS PUBLIC COUNSEL COMMUNITY DEVELOPMENT PROJECT INTELLECTUAL PROPERTY LICENSING BASICS FOR NONPROFITS AUGUST 2016 INTELLECTUAL PROPERTY LICENSING BASICS FOR NONPROFITS In pursuit of achieving their mission

More information

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT

Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT This Webview Livescope Software Development Kit Developer License ("Agreement") between you, the "Developer" and the

More information

PATENTS PROTECTING YOUR INVENTIONS. i) Intellectual Property Overview. ii) Patent Application Process and Patent Infringement

PATENTS PROTECTING YOUR INVENTIONS. i) Intellectual Property Overview. ii) Patent Application Process and Patent Infringement PATENTS PROTECTING YOUR INVENTIONS i) Intellectual Property Overview ii) Patent Application Process and Patent Infringement iii) Patent Searches on the Internet Ryan Dupuis - Patent Agent 2010 Ade & Company

More information

Ryerson Digital Media Zone Online Resources Patent Essentials

Ryerson Digital Media Zone Online Resources Patent Essentials Maya Medeiros Lawyer, Patent Agent, Trademark Agent T: +1 416.216.4823 maya.medeiros@nortonrosefulbright.com http://www.nortonrosefulbright.com/people/99601/maya- medeiros PATENT ESSENTIALS WHAT IS A PATENT?

More information

INTELLECTUAL PROPERTY RIGHTS AND EXPORTS: AVOIDING COMMON PITFALLS. Esteban Burrone 1

INTELLECTUAL PROPERTY RIGHTS AND EXPORTS: AVOIDING COMMON PITFALLS. Esteban Burrone 1 INTELLECTUAL PROPERTY RIGHTS AND EXPORTS: AVOIDING COMMON PITFALLS Esteban Burrone 1 1. The decision to export has its attendant risks and challenges, as exporting involves a considerable investment of

More information

Patent FAQ. A Patent as Property

Patent FAQ. A Patent as Property Patent FAQ Many questions arise in determining whether to seek patent protection for new inventive technology. This memorandum sets forth some of the information which one should know prior to pursuing

More information

UCO Copyright Compliance Starting Point for Al Copyright Concerns: 1. Is the work Copyrighted? 2. Is the class traditional or Online?

UCO Copyright Compliance Starting Point for Al Copyright Concerns: 1. Is the work Copyrighted? 2. Is the class traditional or Online? UCO Copyright Compliance As members of the UCO community, all faculty and staff members are expected to comply with federal copyright law. Unauthorized use of copyrighted material is illegal and may result

More information

Maine Cernota & Rardin, Registered Patent Attorneys 547 Amherst St., 3 rd Floor, Nashua, NH

Maine Cernota & Rardin, Registered Patent Attorneys 547 Amherst St., 3 rd Floor, Nashua, NH A General Trademark Primer A trademark is used to identify the source of particular goods or services, and is usually a word, phrase, symbol, design, or combination of these that distinguish the goods

More information

What every product manager should know about Intellectual Property: Patents, Copyrights, Trademarks. Varun A. Shah Patent Attorney

What every product manager should know about Intellectual Property: Patents, Copyrights, Trademarks. Varun A. Shah Patent Attorney What every product manager should know about Intellectual Property: Patents, Copyrights, Trademarks Silicon Valley Product Management Association February 3, 2010 Varun A. Shah Patent Attorney Hickman

More information

Maximize Your Business Performance Intellectual Property Strategies for Online Lead Generators and Marketing Services

Maximize Your Business Performance Intellectual Property Strategies for Online Lead Generators and Marketing Services Maximize Your Business Performance Intellectual Property Strategies for Online Lead Generators and Marketing Services DECEMBER 17, 2014 Justin Pierce, Kristina Schrader, and Jonathan Pompan (Moderator)

More information

Entrepreneurship. Intellectual property: ideas $$

Entrepreneurship. Intellectual property: ideas $$ Entrepreneurship Intellectual property: ideas $$ Please do not share outside the Dartmouth Community without permission. Copyright G. Fairbrothers 2005-2014 All rights reserved. 1 So you have an idea.

More information

Contents. General. Getting started. Keeping a patent protected. What are patents and why do we need them?...1. The patent application process...

Contents. General. Getting started. Keeping a patent protected. What are patents and why do we need them?...1. The patent application process... A guide to patents Contents General What are patents and why do we need them?...1 Getting started The patent application process...6 Keeping a patent protected US patent maintenance...10 The purpose of

More information

Trademark Basics for Nonprofits

Trademark Basics for Nonprofits PUBLIC COUNSEL COMMUNITY DEVELOPMENT PROJECT TRADEMARK BASICS FOR NONPROFITS JULY 2009 Trademark Basics for Nonprofits Public Counsel s Community Development Project strengthens the foundation for healthy,

More information

Marketing Ingenuity and Invention an Innovation Guidebook

Marketing Ingenuity and Invention an Innovation Guidebook The following is an extraction from Marketing Ingenuity and Invention: an Innovation Guidebook, a publication from the Wisconsin Innovation Service Center. Marketing Ingenuity and Invention an Innovation

More information

Intellectual Property Protection for Computer Software in the United States

Intellectual Property Protection for Computer Software in the United States Intellectual Property Protection for Computer Software in the United States How can you protect what you or your client considers novel aspects of your computer software in the United States? What options

More information

A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It

A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It Your Pacific Northwest Law Firm A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It Many articles have been written that discuss the importance of having a patent strategy and why

More information

David R. Canton Barrister, Solicitor and Trade-mark Agent

David R. Canton Barrister, Solicitor and Trade-mark Agent TRADE-MARKS GUIDE David R. Canton Barrister, Solicitor and Trade-mark Agent Harrison Pensa LLP 450 Talbot Street, P.O. Box 3237 London, Ontario N6A 4K3 (519) 661-6776 dcanton@harrisonpensa.com www.canton.elegal.ca

More information

The Basics of Intellectual Property. Mala Joshi, Blaney McMurtry LLP

The Basics of Intellectual Property. Mala Joshi, Blaney McMurtry LLP The Basics of Intellectual Property Mala Joshi, Blaney McMurtry LLP 2 The Canadian Intellectual Property Office (CIPO) CIPO is responsible for the administration of the intellectual property (IP) system

More information

DATA CENTER UNIVERSITY by AMERICAN POWER CONVERSION (APC) CANDIDATE AGREEMENT

DATA CENTER UNIVERSITY by AMERICAN POWER CONVERSION (APC) CANDIDATE AGREEMENT DATA CENTER UNIVERSITY by AMERICAN POWER CONVERSION (APC) CANDIDATE AGREEMENT 1. DEFINITIONS For purposes of this Agreement, the terms defined in this Section shall have the meanings set forth below: 1.1

More information

The Fundamentals of Intellectual Property for the Entrepreneur

The Fundamentals of Intellectual Property for the Entrepreneur The Fundamentals of Intellectual Property for the Entrepreneur Sue A. Purvis Innovation and Outreach Coordinator Greater New York Region U.S. Patent and Trademark Office Department of Commerce 1 Objectives

More information

DOES INTERMEDIATE COPYING OF COMPUTER SOFTWARE FOR THE PURPOSE OF REVERSE ENGINEERING A NON-INFRINGING PRODUCT INFRINGE THE COPYRIGHT IN THE SOFTWARE?

DOES INTERMEDIATE COPYING OF COMPUTER SOFTWARE FOR THE PURPOSE OF REVERSE ENGINEERING A NON-INFRINGING PRODUCT INFRINGE THE COPYRIGHT IN THE SOFTWARE? DOES INTERMEDIATE COPYING OF COMPUTER SOFTWARE FOR THE PURPOSE OF REVERSE ENGINEERING A NON-INFRINGING PRODUCT INFRINGE THE COPYRIGHT IN THE SOFTWARE? Robert V. Donahoe INTRODUCTION Researchers and engineers

More information

Plant Science Industry Guide to Intellectual Property

Plant Science Industry Guide to Intellectual Property Plant Science Industry Table of Contents 1. Purpose 2. What is Intellectual Property? 3. Intellectual Property An Overview 4. The Influence of TRIPS 5. Patents 6. Trade Secret 7. Protection of Safety and

More information

WHAT YOU NEED TO KNOW IN ORDER TO PROTECT YOUR TRADEMARK

WHAT YOU NEED TO KNOW IN ORDER TO PROTECT YOUR TRADEMARK OVERVIEW: Page 1 A trademark indicates the name of the source of the product or, if a service mark, the source of the service. It should be a symbol of your reputation for quality, dependability, and value.

More information

Harper IP Law, PA. A Guide to Intellectual Property for Small Businesses

Harper IP Law, PA. A Guide to Intellectual Property for Small Businesses Harper IP Law, PA A Guide to Intellectual Property for Small Businesses Table of Contents Introduction... 2 Comprehensive Intellectual Property Planning... 3 Legal Regimes for Protecting Intellectual Property...

More information

UNLV Intellectual Property Policy

UNLV Intellectual Property Policy UNLV Intellectual Property Policy 1. Preamble 2. Definitions 3. Ownership of Intellectual Property 4. Inventions 5. Copyrighted Works 6. Administration 7. Distribution of Income Section 1. Preamble 1.

More information

A guide to investing. Appendix 11 Protecting your business intellectual property rights

A guide to investing. Appendix 11 Protecting your business intellectual property rights A guide to investing in Wales Appendix 11 Protecting your business intellectual property rights August 2013 Appendix 11 Protecting your business intellectual property rights Intellectual property rights

More information

USE AND PROTECTION OF INTELLECTUAL PROPERTY GUIDELINES FOR CHAPTERS WITH NEWSLETTERS OR WEBSITES The Compassionate Friends, Inc.

USE AND PROTECTION OF INTELLECTUAL PROPERTY GUIDELINES FOR CHAPTERS WITH NEWSLETTERS OR WEBSITES The Compassionate Friends, Inc. USE AND PROTECTION OF INTELLECTUAL PROPERTY GUIDELINES FOR CHAPTERS WITH NEWSLETTERS OR WEBSITES The Compassionate Friends, Inc. Creating a website or publishing a newsletter can be an effective way to

More information

FisherBroyles A LIMITED LIABILITY PARTNERSHIP

FisherBroyles A LIMITED LIABILITY PARTNERSHIP Intellectual Property Law Update We hope everyone is enjoying springtime! In this issue, we address: The use of patent and trade secret strategies to protect ideas; The recent copyright law case involving

More information

Protecting Intellectual Property in Canada

Protecting Intellectual Property in Canada by KELLY L. MOFFATT The Canadian intellectual property regime comprises six federal statutes that have evolved in response to issues such as global technological developments, international treaties and

More information

Art Project Purchase Agreement

Art Project Purchase Agreement Art Project Purchase Agreement THIS AGREEMENT is made and entered into this by and between, ( Buyer ), resident of, and, ( Seller ), a resident of. WITNESSETH WHEREAS, Seller is an artist and has developed

More information

A I P L A AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION

A I P L A AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION A I P L A AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION Facts About Invention Promotion Firms Inventor pitfalls when dealing with invention promotion firms. WHAT ARE INVENTION PROMOTION FIRMS? You ve

More information

IRDG Seminar Intellectual Property

IRDG Seminar Intellectual Property IRDG Seminar Intellectual Property Cathal Lane PgDip, BSc(Hons) European, Irish & UK registered patent. Trade mark attorney. clane@tomkins.com www.tomkins.com 12 December 2012 Tomkins & Co. 2012 What is

More information

Chapter 2 Trade Secret Protection

Chapter 2 Trade Secret Protection Chapter 2 Trade Secret Protection Trade secret law provides a mechanism for protecting proprietary and sensitive business information. A trade secret, by definition, is information that has economic value

More information

PROTECTING YOUR TRADEMARK RIGHTS By Gold & Rizvi, P.A. The Idea Attorneys

PROTECTING YOUR TRADEMARK RIGHTS By Gold & Rizvi, P.A. The Idea Attorneys PROTECTING YOUR TRADEMARK RIGHTS By Gold & Rizvi, P.A. The Idea Attorneys The Business License Myth Many business owners believe that filing for a business license, submitting articles of incorporation,

More information

Lecture 4-2 Intellectual Property. Based on slides 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley

Lecture 4-2 Intellectual Property. Based on slides 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley Lecture 4-2 Intellectual Property Participation Quiz If you choose an answer to this question at random, what is the chance you will be correct? A. 25% B. 50% C. 33.3% D. 25% Expanding the Argument to

More information

Leveraging Business / Trade Secrets for Competitive Advantage: Examples and Case Studies

Leveraging Business / Trade Secrets for Competitive Advantage: Examples and Case Studies Leveraging Business / Trade Secrets for Competitive Advantage: Examples and Case Studies Professor Prabuddha Ganguli Advisor, VISION-IPR & Adjunct Professor, SJM School of Management, Indian Institute

More information

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other

More information

IP is your business. Intellectual Property (IP) is one of your most important assets.

IP is your business. Intellectual Property (IP) is one of your most important assets. IP is your business Intellectual Property (IP) is one of your most important assets. IP is your business What is Intellectual Property? A: Intellectual property (IP) is a term that describes the application

More information