Silicon Halton Meetup 68 - IP for IT
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The document summarizes an event hosted by Silicon Halton discussing intellectual property for information technology. It provides an agenda that includes a welcome, announcements, a keynote on IP from Matthew Graff of Bereskin & Parr LLP, and time for networking. The keynote discusses different types of IP including patents, trademarks, copyright, and industrial designs. It covers considerations for selecting inventions to patent such as commercial factors and patentability requirements.
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Silicon Halton Meetup 68 - IP for IT
- 1. www.siliconhalton.com linkedin/siliconhalton @siliconhalton Meetup #68: IP for IT: What really matters
- 2. Welcome Thank yous Announcements Keynote Matthew Graff, Partner G2KYM Mark Your Calendar Networking Agenda
- 3. Welcome to HaltonHiVE! (yes, weve changed our name!) Co-working space for entrepreneurs, freelancers and start ups 80+ members and growing! Meeting space and Conference Room Community events, networking and perks! 24/7 Membership for $99/month Contact: www.haltonhive.com staff@burlingtonhive.com (havent changed the e-mail yet!!)
- 4. Show Of Hands 1188 members 2390 Twitter followers 67 meetups 7 peer2peer groups hundreds of LinkedIn discussions
- 5. Thank You!
- 6. MAY 27/15: Pitch Yourself Workshop 30 students 5+ Mentors Workshops on pitching & networking JUNE 3/15: Speed Pitching Session 30 Students 30 Employers 30 Pitches in 60 minutes TechUnderTwenty.com Corporate Sponsors
- 7. Meetup #67
- 10. Announcements
- 11. Keynote
- 12. Meetup 68 Matthew Graff, Partner @bereskinparr
- 13. Bereskin & Parr LLP 13 Silicon Halton Meetup #68: IP for IT Matthew Graff
- 14. 14 Intellectual property Basic nature of IP rights Rights of exclusion Rights granted to the originator (but transferable) Policy rationale Economic incentive to encourage the creation of intangible goods Protection consumers, authors, inventors Entitlement idea that a person who creates intangible goods is entitled to control the results of their work and profit from it
- 15. 15 Types of IP Technology-related IP Patents Industrial Designs Trade Secrets Branding-related IP Trademarks Domain names Works of Composition IP Copyright
- 16. 16 Trademarks Word mark MICROSOFT Design mark Word/design mark
- 17. 17 Trademarks What is this?
- 18. 18 Trademarks A mark that distinguishes the goods or services of one trader from the goods or services of other traders Can be a word, symbol, design, or a combination of elements Pick a clean mark Registration optional, but provides advantages Big changes on the horizon for Canada File applications now
- 19. 19 Copyright Protects fixed expression of an original work No protection of mere ideas Stop others from reproducing the work or a substantial part thereof Can provide protection for: software database structure (selection and arrangement of data) website structure, layout and content user guides / instructions print and video advertising, jingles, theme music In most countries, right arises automatically upon creation of the work Term is life + 50 years (generally)
- 20. 20 Industrial designs Industrial designs (Canada) versus design patents (U.S.) Features of shape, configuration, pattern or ornamentation in a finished article, that appeal to and are judged solely by the eye Dog coats and computer icons, GUI arrangements Apple v. Samsung
- 21. 21 Patents Protects new, inventive and useful products and technologies Limited time monopoly in exchange for public disclosure Powerful rights that cannot be defeated by ignorance of patent or independent invention Patents are national rights, and in most countries the application is examined
- 22. 22 A patent is not A right to make the thing patented Patents confer negative rights, meaning patent owners are still subject to the rights of owners of existing patents If you obtain a patent for an improvement on an existing invention, you must obtain a license to use the existing invention Invulnerable Patents are always open to challenges of invalidity Fully effective without enforcement Patent holder must be willing to pay costs of enforcing patents
- 23. 23 Patent advantages Offensive Stop others from using your inventions Licensing Defensive Cross-licensing Marketing Patent as an asset Business optics Investor confidence Consumer confidence
- 24. 24 Patent realities Costs Time commitment Delay Must have an invention Enforcement Validity challenges Issues with software patents
- 25. 25 What? Selecting inventions to patent Is it core technology? Popularity/competitive advantage of technology Lifecycle of technology Barriers to entry for competitors Ability to detect infringement Commercial versus technical considerations Patentability requirements Improvements
- 26. 26 When? Where do I want protection? 1 year grace period in Canada, U.S. and very limited number of other countries Europe/Asia Requires inventions to have never been disclosed before filing Absolute novelty
- 27. 27 Where? U.S. and Canada Places where you or your competitors do business Offshore manufacturing Must be practical Filing broadly is costly International application (PCT) if 3 or more countries
- 28. 28 Software patents Subject matter eligibility law of nature, natural phenomenon, abstract ideas What is and isnt abstract? performance of business practice known from the pre-Internet world along with the requirement to perform it on the Internet (Bilski; Alice) process for data compression Despite uncertainty, big software companies are amassing large patent portfolios
- 29. 29 Living with others patents Manage risk of infringement for new products Patent litigation is extremely costly Freedom to operate Exhaustive searching is not feasible 18 month secrecy window Deal with problems as they arise
- 30. 30 Ownership Incorporate Get it in writing before the IP is created Consultancy arrangements Joint development of improvements Exclusivity, residual knowledge Employment Ownership transferred by paper assignment or employee contract Require all employees to enter into IP ownership and confidentiality agreements Agreements signed as a condition of employment on initial hiring Ensure that engineers and researchers keep careful records of their work
- 31. Bereskin & Parr LLP Matthew Graff | Partner 905-817-6107 mgraff@bereskinparr.com Thank you
- 32. Jeff Bulzak Marketing Automation & Customer Acquisition Consultant, Geek, Entrepreneur, Giver, & Start-up Supporter @BZKGroup
- 33. Derek Lee 2275 Upper Middle Road East Suite 101 Oakville, Ontario L6H 0C3 mediarezstudio.com
- 37. Meetup 69
- 38. Open Floor
Editor's Notes
- #33: The Get to know your members segment. ~3min introductions by local tech companies.