4 Intellectual Property Flashcards
estimated % of fake products in the world
10% !!! for trillions’ worth
5 uses of patents
protect
build Reputation
attract investors
License & cross license
block others (patent trolls, esp. in the US)
–> BLARP reversed
forms of intellectual property: 5
- copyright creative work
- patents technical inventions (must include a surprising element)
- trade marks brand names
- registered designs appearances
- trade secrets recipes (good idea only when you have just 1 actual recipe, not to save money)
code: which IP?
normally, copyright; you need to add some other element / feature to be able to patent, which protects you also against variations
estimated current weight of intellectual property on S&P500 Cos assets
80% !!!
patent: def
contract b/w society & inventor deal: - inventor tells everybody what they have invented - in exchange, they can use it exclusively for 20 years it is a negative right = it lets you forbid other ppl from using your work
why should you patent IP aggressively?
because everybody else is aggressive with IP
–> patent or perish!
what can / should be patented?
product: if patentable, then patent!
product use: if patentable & communicated, then patent!
process: if patentable & evident, then patent!
1st requirement for patentability: + derived advice
novelty (as opposed to, i.e. adding sthing to publicly described ‘state of the art’, incl. inventor’s own publications) –> first patent, then publish! –> be very careful in speculations last paragraph of papers –> confidentiality agreements are not enough, leaked info is not patentable
2nd requirement for patentability: + def
inventiveness def: sthg that would not be obvious to someone ‘skilled in the art’, i.e. knowing a lot about it –> it often involves a creative combination of 2 things
3rd requirement for patentability:
sufficient disclosure
patents & diff. countries
it is a cost issue: you need to patent in diff. countries or groups of countries in US, but only in US, you can patent biz models, too
patents & innovativeness of a sector
the more innovative a sector is, the more patents are used there –> you must patent, otherwise others will do it all around your innovation
the 3 requirements for patentability
- novelty wrt state of the art
- inventiveness = step not obvious to so skilled in the art
- sufficient disclosure for reproducibility, enough examples