DISCLAIMER! INTELLECTUAL PROPERTY JABBERWOCKY. Somehow it seems to fill my head with ideas only I don t know exactly what they are!

Similar documents
Top 10 Questions About Intellectual Property

L. Staton Noel III, MS, MBA Director


UNLV Intellectual Property Policy

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

CASE STUDY SETTING UP A UNITED STATES BUSINESS

Entrepreneurship. Intellectual property: ideas $$

Is your device or innovation an improvement over the existing art

Why Have Intellectual Property?

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

The Intellectual Property System in Ethiopia

Trademarks and Copyrights: What you need to know to protect your logos and marks

Art Institute Intellectual Property Policy (MAY 2013)

Intellectual Property Strategies for Startups. Aly Z. Dossa February 2012

Intellectual Property How to Protect Your Discovery. Technology Transfer Office

Changes in US Patent Law: How it Affects Researchers/Inventors

Cambridge Public Schools Administrative Guidelines and Procedures INTELLECTUAL PROPERTY/COPYRIGHT AND FAIR USE

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

AN INTRODUCTION TO IP & IP MANAGEMENT

Legal and Ethical Aspects. IT 4823 Information Security Administration. Cybercrime / Computer Crime. Law Enforcement Challenges.

Intellectual Property

Creative Industries Workshop Key IPR Issues

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

Intellectual Property. For Designers

Intellectual Property Office

What Every Non IP Attorney Should Know

The Fundamentals of Intellectual Property for the Entrepreneur

Intellectual Property Policy

Small Business/Big Issues: E-Commerce & the Internet

Legal Issues Affecting Graduate School Administrators Council of Graduate Schools 50 th Annual Meeting

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

Inventions & Patents: Marketing a New Idea

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

Issues in Software Licensing, Acquisition and

Checklist. davies.com.au

Intellectual Property & Technology Commercialization Basics

1. How are intellectual property, copyright and related terms defined in Canadian law and at Ryerson?

Intellectual Property Rights in the USA

COLLEGE POLICY. Employment Related POLICY TITLE: POLICY TYPE: Intellectual Property POLICY NO.: EMPL-306 RESPONSIBILITY:

Maine Cernota & Rardin, Registered Patent Attorneys 547 Amherst St., 3 rd Floor, Nashua, NH info@mcr-ip.com

How To Protect and Benefit From Your Ideas

INTELLECTUAL PROPERTY RIGHTS (IPR)

THE CITY UNIVERSITY OF NEW YORK INTELLECTUAL PROPERTY POLICY

PROTECT YOUR INTELLECTUAL PROPERTY

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

FOR NONPROFIT HEALTH ORGANIZATIONS

Intellectual Property Policy Abilene Christian University Revised November, 2003

PATENT INFORMATION. Cameron IP

Intellectual Property

According to the Argentine writer Jorge Luis Borges, in the Celestial Emporium of Benevolent Knowledge, animals are divided

The USPTO: Patent Application and Examination Processes

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

Intellectual Property Guidelines at Queen s University. (Prepared by the School of Graduate Studies, revised August, 2013)

Protecting your inventions, ideas and brands. Gaby Cowcill Senior Patent Examiner, IPO

RESEARCH & INNOVATION INTELLECTUAL PROPERTY (IP)

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

Intellectual Property Protection for Computer Software in the United States

IP Audit and Management

University of the West of England, Bristol. Intellectual Property Policy

Liability. PL/Products & PI Efficacy Financial Loss- Fact or Fiction?

NAPCS Product List for NAICS 533: Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)

NUMBER: Policy on Intellectual Property

Understanding English Grammar: A Linguistic Introduction

Intellectual Property

Illustrative Examples Business Combinations

World Book. Protection of IP Canada TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS

If a Client and a Freelancer enter an independent contractor relationship, then this Freelancer Agreement ( Freelancer Agreement ) will apply.

Ryerson Digital Media Zone Online Resources Patent Essentials

Copyright Compliance and Peer to Peer File Sharing Policy

Intellectual Property

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

Appendix to the Questionnaire on Initial accounting for intangible assets acquired in Business Combinations

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.

CIVIL CODE OF THE RUSSIAN FEDERATION

Intellectual Property and Copyright

Intellectual Property Issues for Asset Managers

E-Commerce Intellectual Property Protection Issues

The State of Kansas Information Technology Executive Council

A guide to trademarks

Intellectual property policy and procedures. Effective from June 2009

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

INTELLECTUAL PROPERTY CONSIDERATIONS FOR YOUR BUSINESS

THE OTTAWA REGION CHARITY & NOT-FOR-PROFIT LAW SEMINAR

Introduction to Patents. Angela Lyon, MSc, Registered Patent Agent (US & CA)

INTELLECTUAL PROPERTY RIGHTS

Services Agreement between Client and Provider

THE PITFALLS OF CREATING IN ANOTHER S IMAGE

OVERVIEW OF TRADEMARK PROTECTION IN THE UNITED STATES

Commercialization Process

Commercializing Intellectual Property in Universities

(adapted from Introduction to Game Development by Steve Rabin) Game Production

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

Copyright Compliance and Peer-to-Peer File Sharing Policy

College Accounting Chapter 10 Plant Assets, Natural Resources, and Intangibles

MEMORANDUM ON COPYRIGHT LAW AND COMPLIANCE

How To Protect Your Website From Copyright Infringement

GPL, MIT, BSD, OSS (and me)

Doing business in United States: Colorado

NEVADA INTELLECTUAL PROPERTY Lionel Sawyer & Collins (Nevada)

Transcription:

INTELLECTUAL PROPERTY JABBERWOCKY 2005-2010 Brenda L. Speer DISCLAIMER! This may be boring You may not learn anything If you learn something, it ll probably be enough to make you dangerous This is NOT legal advice Alice in Wonderland Regarding the Jabberwock Somehow it seems to fill my head with ideas only I don t know exactly what they are! Lewis Carroll Said It Best Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe. Now, to Our Quest Twas vexing, and this property right Did befog and perplex all the land: All sorry was the people s plight, And the public masses did demand. Explain this IP, oh attorney! The marks that sell, the ideas that patent! Explain the copyright, and free The befuddled student! 1

Can I Patent a Trademark For a Copyright? NO, because: Terms patent, trademark and copyright are not synonyms, but distinct intellectual property rights IDEAS AND CONCEPTS Are not protectable in and of themselves Legal protection extends to the tangible expression of ideas and concepts This tangible expression is known as Intellectual Property ( IP ) Intellectual Property Transportation Analogy Cars drive on land Ships sail on water Planes fly in air Hydroplanes travel on water and in air Intellectual Property Patents Inventions or Discoveries Trademarks Indicators of Source Copyrights Original Works Trade Secrets Confidential Information Intellectual Property PATENTS Until becomes Public Domain Available for all to use Caveat: Public Availability Public Domain Inventions or Discoveries Three Types Utility Design Plant 2

Utility Patent Any new, useful and nonobvious Process (making an aluminum can) Machine (aluminum can making machine) Manufacture (aluminum can) Composition of Matter (alloy - steel) Improvement thereof (pop-top can) Design Patent Any new, original and ornamental design for an article of manufacture (silverware pattern; range hood) Plant Patents Any distinct and new variety of plant, which is asexually reproduced (newly grafted rose plant) including: Cultivated Spores Mutants Hybrids Newly Found Seedlings (other than a tuber propagated plant or a plant found in an uncultivated state) Patents Rights? Exclusive right to Make Use and Sell Patents Where? National Border Patents Utility: 20 years from filing date Design: 14 years from grant date Plant: 20 years from filing date 3

Patents Public Domain? Expiration of grant Patents Acquisition of Rights? Upon grant US Patent & Trademark Office Registration required Patents Business Pointers Disclosure can be fatal On sale bar (1 year grace period) Provisional Patent Priority date placeholder No rights DIY can be dangerous TRADEMARKS Trademark: Indicator of source or origin of a good or service Trademarks may consist of: Words Phrases 4

Designs Combinations Thereof Scents, Sounds & Colors Scent Smead Vanilla and others for office supplies Sound NBC Chimes for broadcasting services Color Owens Corning Pink for insulation Exclusive right to use trademark with particular goods and services. Where? Common Law Usage: Demonstrated territory State Registration: State border Federal Registration: National border Common Law Usage: As long as continuously used State Registration: Usually 10 years (subject to renewal and continuous use) Federal Registration: 10 years (subject to renewal and continuous use) 5

Public Domain? No longer in continual use At least 3 years of non-use Acquisition of Rights? Upon use of the mark in commerce US Patent & Trademark Office Secretary of State Acquisition of Rights Registration not required, but Proof of rights Proof of ownership Public record Business Pointers Clearance before launch Do-overs are expensive Pick a good mark Legally weak marks are hard to protect DIY can be detrimental COPYRIGHTS Original works of authorship fixed in any tangible medium of expression Works? Literary works Musical works (including any accompanying words) Dramatic works (including any accompanying music) 6

Works? Pantomimes and Choreographic works Works Pictorial, Graphic and Sculptural works Motion Pictures and other Audiovisual works Works Sound Recordings Architectural Works Rights? Exclusive RightS Reproduce the work Prepare derivative works Distribute copies Perform publicly Display publicly Where? National Border International Reciprocity Individual Work: Life of author plus 70 years Joint Work: Life of last-surviving author plus 70 years Anonymous Work, Pseudonymous Work, Work for Hire: Earlier of 95 years from publication 120 years from creation 7

Public Domain? Expiration of term Acquisition of Rights? Upon creation US Copyright Office Acquisition of Rights Registration not required, but provides Proof of ownership Public record Required to bring suit File within 3 months of Publication Damages Attorneys Fees Business Pointers Creator = Owner Contracts Independent Contractors Third Parties Commercially Viable? Register! TRADE SECRETS Business information that has Commercial value Provides an actual or potential economic advantage over others Is maintained in confidence Rights? Exclusive right to use 8

Where? State by State Other areas of legal recognition As long as maintained in confidence Public Domain? Disclosure By anyone With or without fault Acquisition of Rights? Upon creation Not Registered Contractual Right Business Pointers Contracts Employees Independent Contractors Third Parties Control Access Inventory QUESTIONS ANSWERS The Answer to Life, the Universe and Everything is 42 Douglas Adams, Life, the Universe and Everything (Hitchhiker s Guide to the Galaxy Trilogy) It Depends Universal legal answer 9