The document provides an overview of intellectual property, including trade secrets, copyrights, trademarks, and patents. It discusses the different types of intellectual property, how they are obtained and protected, requirements for protection, and examples of patented inventions. Key points covered include that trade secrets provide indefinite protection without filings if information is kept secret, copyrights protect original works fixed in a tangible form, trademarks protect brands and logos, and patents grant time-limited exclusive rights to inventions that are novel, non-obvious, and useful.
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Mgt technology ip-lecture
1. Basics of Intellectual Property
Jim Stefansic, PhD MBA
Director of Commercialization
(some slides courtesy of Baker Donelson)
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Trade secrets
Information that
? is secret
? has economic value
? is not readily ascertainable by proper means
? is subject to reasonable efforts to protect
Trade Secrets have
? no filings
? no expiration date
? have to control access
? risk of independent discovery
(reverse engineering)
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Copyrights
What is a copyright?
A bundle of rights protecting an
original work of authorship fixed in
any tangible medium of expression
U.S. Constitution, Art. 1, Sec. 8, Cl. 8
17 U.S.C. 101 et seq.
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What is a patent?
? Set of exclusive rights granted to
an inventor for a fixed period of
time in exchange for the regulated,
public disclosure of the invention
U.S. Const. Article I, Section 8, Cl. 8
35 U.S.C. 1 et seq.
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Types of patents & infringement
? All patents include the right to exclude others from practicing an
invention
? Types of patents
? Utility patent: a thing or process (method of...)
? Plant patent: a new variety of plant (not found in nature)
? Design patent: an ornamental (non-functional) design
? Commercial use defense in cases of innocent infringement.
? Protects companies from infringement claims if they innocently use an infringing
process, or make and sell an infringing product that is used in a commercial process,
without knowledge of the claimed patent.
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How long do patents last?
? Utility and plant patents are granted for a
term which begins with the date of the grant
and usually ends 20 years from the date you
first applied for the patent
? Design patents last 14 years from the date
you are granted the patent.
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? Right to exclude others
from making, using,
selling, offering to sell
the invention within the
US, or importing into
the US
? Does not give inventor
the right to make, use,
sell, or offer to sell
Rights of patent holder