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Basics of Intellectual Property
Jim Stefansic, PhD MBA
Director of Commercialization
(some slides courtesy of Baker Donelson)
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Types of Intellectual Property
? (Trade Secrets)
? Copyrights
? Trademarks
? Patents
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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 copyrightable?
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What is NOT copyrightable?
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Copyrighting software
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Protecting a copyright
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Protecting a copyright
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Copyrights & works for hire
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Trademarks
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Different levels of trademarking
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Different levels of trademarking
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Different levels of trademarking
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Different levels of trademarking
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Different levels of trademarking
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Different levels of trademarking
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How does one get a trademark?
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Pull My Finger Fred
Copyright / trademark infringement
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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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More on commercial use defense
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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
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Patent ownership
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Types of utility patents
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Patent subject matter
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Limitations of patent subject matter
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What must a patent demonstrate?
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Patent timing issues & filing
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Public use or disclosure
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Provisional patent
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Patent filing stages
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Patent history timeline
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Parts of a patent
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Provisional claims
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Patent reform: first to file
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Patent strategy
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Patent strategy
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They patented that!?
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They patented that!?
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They patented that!?
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They patented that!?
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They patented that!?
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They patented that!?

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