INTELLECTUAL PROPERTY Flashcards
a form of legal protection for owners who manage the use and
commercialization of their work.
is intended to help
creators of new ideas to protect and develop their innovations so that they can successfully bring
those ideas to the market.
INTELLECTUAL PROPERTY
only protects you
in the country where it was granted. It does not automatically grant protection outside of that
country.
IP PROTECTION
When you choose to protect your work, you have many options. These include
sophisticated patent portfolios, disciplined use of trademarks and copyrights, and/or keeping your
most valuable business elements secret through diligent effort.
But before you start thinking about your intellectual property strategies, you must clearly
articulate who owns the technology. Possible owners of the technology include the inventor or coinventors; funding sources (university, lab, investors); and your own company.
OWNERSHIP
Documenting your work is one efficient way to clarify ownership. Knowing when your
technology was invented and precisely who invented it is critical for getting IP protection later.
DOCUMENTATION
may also take the form of electronic tools and documents. Carefully consider
how those electronic documents are maintained and how you can tell who authored or changed
them.
NOTEBOOKS
As your technology progresses, you might find applications in a new geographical region
or market segment, potential partners or joint ventures, or improvements to the technology
OWNERSHIP QUESTIONS
one of the oldest forms of IP, have existed for hundreds of years.
s help the public identify the source of goods and services
protects the owning company’s reputation and prevents it from being associated with inferior
goods
can help ensure the public is buying products they trust and not pirated or
counterfeit goods.
TRADEMARKS
can be designs, letters, slogan, or symbols.
TRADEMARKS
look to see
if your trademark is both distinctive and not deceptive.
TRADEMARKS EXAMINERS
describe the product in a way the public can clearly identify
must allow the consumer and other competitors to identify the owner without
confusion.
DISTINCTIVE TRADEMARK
imply qualities the product does not actually have
DECEPTIVE TRADEMARK
there are four types of trademarks:
Arbitrary or fanciful marks
Suggestive marks
Descriptive marks
Generic marks
Strong trademarks are often fanciful-that is, they do not directly correlate to the product
an audience that is not aware of your brand
may miss the connection. Rigorous marketing is needed to establish the trademark for the
consumer.
ARBITRARY OR FANCIFUL MARKS
an audience that is not aware of your brand
may miss the connection. Rigorous marketing is needed to establish the trademark for the
consumer.
SUGGESTIVE MARKS
described what they market. To be identified as distinctive,
descriptive marks must achieve a secondary meaning for the customer.
can be harder to register, since the company will have to prove they
have created this secondary meaning. Creating a secondary meaning is not easy or obvious.
Companies may need extensive marketing to achieve secondary meaning.
DESCRIPTIVE TRADEMARKS
though formerly owned by an individual company,
has passed into general use. The mark has become a colloquial description or synonym for a whole
class of products or services.
GENERIC MARK
the easiest form of IP protection to acquire.
COPYRIGHT
The right to copy is a limited monopoly that allows the owner of a work to control how the
work can be distributed, printed, performed, etc.
COPYRIGHT
The concept of a copyright originated with the
STATUE OF ANNE IN BRITAIN
are granted the moment the work is created and do not require formal
protection.
COPYRIGHT
you must register your copyright. If you suspect you would
want to stop someone from infringing on your copyrights, consult legal advisors.
SUE COPYRIGHT INFRINGEMENT
may provide a strong
disincentive to infringe on your work, since it indicates your commitment to protecting your work.
REGISTERING A COPYRIGHT
A copy right typically includes these rights
to produce copies or reproductions of the work
and to sell those copies (including mechanical rights and, sometimes, for electronic copies or for
distribution)
s essentially a contract. An inventor shares information about an invention and in
return, the government gives the inventor the right to exclude anyone else from copying that
invention
PATENT
What can you patent?
a process: a machine; a new composition of matter; and in
some cases, plants (if they are genetically engineered) and designs (in some countries). You can
patent a breakthrough technology (such as penicillin) or an incremental technology (such as a new
feature for mobiles phone that makes them easier to use).
Not everything
can be patented
TRUE
Three categories of things typically cannot be patented:
- Things that already exist in nature
- Things that defy the laws of nature.
- Things that might disrupt public order or morality.
the invention is genuinely new and has not been used or done before
NOVELTY
Someone who works in your field would see your innovation as truly
different.
NON-OBVIOUS
The general rule is that you cannot patent something that could not actually exist
and, as such, is not usable by anyone
UTILITY
A patent allows you to stop someone else for making, using or selling your technology.
PATENT INVENTION
Remember your patent is granted on the grounds of novelty, non-obviousness and utility.
This being the case, the granting of a patent is a newsworthy event! Press releases and
announcements helps get the word out about your new invention.
PUBLICITY AND PROMOTION
The standards for protection and the conditions for patentability vary by country/region.
FILING FOR A PATENT
A patent gives its owner the exclusive right to make, use, import, and sell the invention for
up to 20 years
DURATION
Once patents are granted, the entire patent becomes publicly available. In contrast to a trade
secret, everyone can find out exactly how it works. When your patent is published your invention
may be found by companies that would be interested in licensing or acquiring the technology.
Multinational firms often have division within the company that watch for new patents on topics
that relate to their work.
AVAILABILITY
are a form of IP protection the owner controls completely. They are
not shared or registered with any government entity, but kept confidential.
is not
generally known to others and their secrecy confers an economic advantage to the business.
TRADE SECRETS
Almost everything can be protected by trade secret: formulas, patterns, compilation,
software programs, devices, methods, techniques, and processes.
TRUE
To keep
your trade a secret, you implement physical and electronic controls.
MAINTAINING SECRECY
include
security system and limitation of access to facilities and documents.
PHYSICAL CONTROLS
such as
firewalls, database backups, passwords, network guidelines and requirements about how your
employees log into your system
ELECTRONIC CONTROLS
help your customer identify you as source of goods and services. They help to build
your brand and protect your quality and reputation in the marketplace.
TRADEMARKS
control how your work is distributed, printed and used.
COPYRIGHTS
allow you have complete control of your work in return for publishing it publicly.
PATENTS
can be effective if you are disciplined and diligent about keeping the secret.
TRADE SECRETS
