securing intellectual property – why you should care and what can you do about it?
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Securing Intellectual Property Why You Should Care and What Can You Do About It?
Dr. Biplav Srivastava, IBM Research India
Oct 2015, I-CARE 1 (C) Biplav Srivastava, IBM Research
! Intellectual Property (IP) ! Why Care About IP? ! What to do About IP?
2 (C) Biplav Srivastava, IBM Research
What is Intellectual Property (IP)?
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.
3 (C) Biplav Srivastava, IBM Research
Why Does IP Not Explicitly Cover (Technical) Papers?
! IP is asserted explicitly with publication from credits: author(s), organization(s) n Monitoring is community-based n Focus of papers is dissemination
! Focus of IP is legal protection and assertion n Can be defended in courts
4 (C) Biplav Srivastava, IBM Research
Why Care About IP?
Our focus will be patents in the remainder
5 (C) Biplav Srivastava, IBM Research
Patent An Introduction
! Are for novel, useful and non-obvious ideas
! Which had not been known earlier (read: published and available in public domain)
! First promulgated in modern times in 1790 n Finds mention in US constitution n Patent Act of 1790 (US)
6 (C) Biplav Srivastava, IBM Research
Why Patents? Patents serve as documenta3on of an organiza3ons Intellectual Property (IP)
n Helps protect IP against compe33on (defensive) n Helps assert market leadership in promising areas(aggressive)
n Can become a significant income source from licensing
n Helps realize a companys full market valua3on
7 (C) Biplav Srivastava, IBM Research
Asserting Idea: Apple Example
Idea created and patented by university USD 234M+ fine awarded on Apple Initially projected fine > USD 900
8 (C) Biplav Srivastava, IBM Research
IP (Patent) Grants and Defense
Defending Idea Nutmeg Example
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Startup Diabe.to Defending Idea Healthcare
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Image courtesy: Diabe.to site
12 (C) Biplav Srivastava, IBM Research
What to Do About IP?
13 (C) Biplav Srivastava, IBM Research
! Always think of IP as a first class task n It is not always for commercial gain n If one is opposed to the thought, one can
always document their idea and reveal for free ! Depending on context
n Use copyright, trademark, design, patents, GI n Writing papers and articles also helps assert
ones claim on an idea
14 (C) Biplav Srivastava, IBM Research
Do It Yourself
! Put against any piece of new work for copyright assertion
! Register if it makes sense ! Be aware of IP considerations whenever
you discuss an idea
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Patent Considera3ons Items Comments and guidance Problem statement and background
What is the specific problem the invention solves? What areas of business and technology need to be understood in order to evaluate the patent?
Core idea It is helpful to include a flow chart and or architectural diagram
Novelty Novelty is somewhat subjective. Just because someone has not invented it yet does not make your invention novel. Also, beware of "obvious combinations" of existing technologies, which usually will not pass muster with the USPTO.
Business case & value proposition
How can someone, preferably the assignee, make money using the invention
Prior art search & search terms used
Look for evidence of the invention or related concepts in academic, trade and patent literature.
Discoverability If the patent is issued, could we figure out if someone else is infringing on the idea (i.e. "practicing" the patent).
Enforceability - If we discover that someone has infringed on the idea, can we stop them (or charge them)
Ease of circumvention How easy is it to find a "work around" to the idea - i.e. can someone achieve the same result with a different idea? If so, the value of the patent is reduced.
Independent claims Balance breadth & technical specificity. 16 (C) Biplav Srivastava, IBM Research
An Inventor on a Patent
! Under US patent law, a person should be listed as an inventor for a US patent applica3on only if that person contributed to the idea shown in one of the claims of the applica3on
! One is not a co-inventor for just n Sugges3ng an idea n Coding the steps of the idea
17 (C) Biplav Srivastava, IBM Research
What Strategy Works for Creating Valuable Patents Personal Experience
! Ideas in a new technology area n IoT, Deep Learning,
! Ideas around an emerging application n Smart City, Law, Cooking,
! Thinking of a portfolio of ideas together n Helps reuse effort in prior art search n Easy to detect violation and assert claims n Easier to commercialize
18 (C) Biplav Srivastava, IBM Research
! International patents n www.uspto.gov/ n https://www.epo.org/
! India patents n www.ipindia.nic.in/ n http://www.ssrana.in/
19 (C) Biplav Srivastava, IBM Research