intellectual property paul h. king, ph.d., p. e

Intellectual Property

Paul H. King, Ph.D., P. E.

copyright 2000 Paul H King 2

Introduction

• Intellectual Property is defined as products of the human intellect that have economic value


Topics of Discussion

• Patents

• Copyrights

• Trademarks

• Trade secrets

• Course conduct


Patents

• Ultimately property rights and personal rights are the same thing. -- Calvin Coolidge

• The march of invention has clothed mankind with powers of which a century ago the boldest imagination could not have dreamt. -- Henry George


Patents

• Description of invention

• Grant monopoly to holder or assignee

• 3 types: design, plant, utility


Design Patent

• test: = design, nonfunctional, new, non-obvious original design or appearance for an article of manufacture

• 14 year monopoly

• Statue of Liberty, some toys, shape of mixer, wheel hub

• ONE claim, embodied in drawing


Plant Patent

• test: = invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state

• Algae and macro fungi are regarded as plants, but bacteria are not


• climbing rose, etc 10,000+ patents

• documentation & claims


Utility Patent

• = (new+useful+nonobvious) :

• process, machine, article, composition of matter

• or (new+useful+improvement thereof)


• includes software


Filing Process, Patenting

• Do it - invent it, build it.

• Prove it - document as you go. Witness!

• Prove it! Patent search.

• Generate documents (next), file, pay, wait, negotiate

• Protect it, use it.


Patent Document

• Title

• Abstract

• Drawings

• Background of invention

• Summary of invention

• Description of drawings

• Claims


Warnings

• Time limits from publication.

• Sufficient clarity of claims!

• Sufficient breadth of claims.

• Prepare for infringement

• Be sure of ownership


Copyrights Cover:

• literary works movies videos

• A-V presentations PowerPoint shows

• photographs sculptures graphics

• sound recordings architectural works

• dance choreographs pantomime


Copyrights Must:

• have fixation

• have some originality

• have some creativity

• be an expression, not an idea or formula

• be visibly indicated by “© date, name of owner”


Copyrights Continued:

• optional, 2 copies to LOC w/in 5y +$30

• life + 70 (yours)

• HIRED pub+95y or create +120y

• infringement: sue for damages


Trademark ®

• = name/word/symbol

• unique/dissimilar and used

• may be reserved, but must be used

• $250


Trademark ®

• WordPerfect ®

• Pentium ®

• King’s Skydiving - Good to the last drop!

• DELL® DIMENSION®

• infringement: sue for damages

I wanted to get you a stripper for your

Birthday….

But I couldn’t decide between the Black and

Dekker®and the Stanley®

!


Trade Secret

• ANYTHING that gives you an advantage & has to be “stolen” to immediately help the competition.

• OFTEN involves NON-DISCLOSURE agreements.

• Cannot preclude invention by others…

• Cannot preclude reverse engineering.

• Example: COKE®


Course Conduct (Faculty Manual)

• Literary/Artistic Author

• Work for hire (job assignment) University

• Technology University + Inventors (%)

• Exception: outside consulting & research iff agreed upon

• Understand and document ALL!


Design Course - Intellectual Property

• Patents, copyrights, trademarks, secrets - know!

• Project development - document!

• Publication begins countdown!


I P References

• http://www.uspto.gov/ US Patent/Trademark Office

• http://lcweb.loc.gov/copyright/ Copyrights• http://www.uspto.gov/web/offices/pac/dapps/pct/p

ct.htm Patent Cooperation Treaty

• http://www.library.vanderbilt.edu/central/govt/gvtlaw.html VU Links

• http://www.vanderbilt.edu/technology_transfer/ VU Tech Transfer

intellectual property paul h. king, ph.d., p. e

Documents

utility slide

pantomime slide

software slide

drawing slide

owner slide

paul h king4 patents

paul h king13 copyrights

paul h king14 copyrights