Intellectual Property Types

Question 1

Property

Answer 1

Real
Personal
Capital
Intellectual

Question 2

Value creation activity

Answer 2

Product creation
Investment
Improvement
Sale
Rent or licensing

Question 3

Results

Answer 3

Revenues/profits
Employment
Appreciation
Solution of needs

Question 4

Two types of IP w/unique laws

Answer 4

Industrial property
Copyright

Question 5

Two types of IP

Answer 5

Industrial property
Copyright

Question 6

Industrial Property

Answer 6

Assets created primarily for advancement of tech, industry, trade e.g. patents (inventions), industrial designs, trademarks, service marks and GIs

Question 7

Industrial Property

Answer 7

Assets created primarily for advancement of tech, industry, trade e.g. patents (inventions), industrial designs, trademarks, service marks and GIs

Question 8

Patents

Answer 8

• Legal document granting exclusive right to control the use of invention (defined in patent’s claims) within a limited geographical area and time
• Stopping other from making, using or selling invention without authorization.

Question 9

Industrial designs

Answer 9

• Ornamental
• allows owner to control the exploitation of the ornamental shapes associated with products

Question 10

Trademarks

Answer 10

• Allows owner to assure public of the origin of the goods.

Question 11

Service marks

Answer 11

• Form of trademark that allows its owner to assure the public of the origin of a service.

Question 12

Copyright

Answer 12

• “works of authorship”

Question 13

Copyright v. Industrial property

Answer 13

–> no registration w/ gov’t required for copyright to be effective against unauthorized use.
–> rights must be expressly granted by government authority for industrial property rights to be recognized or enforced.

Question 14

Patent agents/ Patent engineers

Answer 14

• Professional attorneys
• Technical professionals

Question 15

Mechanical devices and articles of manufacture

Answer 15

• traditional inventions; publicly available prior arts may be long established (i.e. hockey skates)

Question 16

Processes/methods

Answer 16

• many are related to a physical device
• patentee is not limited to seeking protection using only one type of claim –> application can include both apparatus and method claims
  (e.g. can patent both new apparatus for filtering/purifying plant extracts and the filtration method)

Question 17

Chemical compositions or compounds

Answer 17

• …arising in pharma, biotech, materials science and petrochemicals
  e.g. acetylsalicylic acid (chemical compound that relieves headaches)
• most individually profitable
• must be filed prior to public disclosure following rigorous testing
• often companies will file many applications on a variety of compounds to protect them while still in early stages of testing.
  
  • many are abandoned / manufacturers subsequently learns compound is either not effective or unsafe.

Question 18

Isolated and characterized molecules

Answer 18

• patents for molecules that have been isolated and characterized according to their function and potential utility.

Question 19

Genetic organisms / gene sequences

Answer 19

1. In countries’ where patentable, such inventions assign functional purpose to genetic sequence…
2. Mere sequence without indication of a function is not a patentable invention.
3. If a protein or part of protein is produced must specify which protein or part is produced and the function of the protein.
4. some countries do not consider genetic materials to be patentable subject matter/apps rejected on the ground that the sequence is part of nature.

Question 20

Prohibitions for inventions assoc. with methods of treatment of the human body

Answer 20

• special attention when drafting claims for new uses of known pharma and for methods of treating various conditions w/ novel compounds.

Question 21

Computer programs

Answer 21

1. different countries, different rules on patentability.
2. software-implemented invention considered patentable in many countries.
   -3. may be a system, method and /or apparatus for achieving a certain end by running a computer program.
3. some computer programs that implements through software instructions, a useful function in a new way. e.g. making computer program process data more efficiently and faster.

Question 22

Improvements

Answer 22

1.most patents are for inventions that are improvements on prior inventions.
2. “Improvement patent” –> new patent that covers an improved or enhanced effect…

Question 23

Improvement Patent Example: Inventor A holds patent for an apparatus used to fill medicine bottles. Later Inventor B receives patent for a filling apparatus, improves Inventor A’s invention, filling bottles more quickly with less spillage in novel way…

Answer 23

1. Inventor B may not be able to practice patent B without consent from Inventor A if covered by scope of patent A’s claims.
2. Consent likely sought through licensing negotiation; both A and B recognize commercial and financial advantages of cooperation.
3. as a territorial right, if Inventor A obtains patent in US only, Inventor B can produce and sell its improvement in any other country assuming there are no other patents in those covering the scope of Inventor B’s machine.