What is a Patent New and Useful Three major types Utility Design Plant
Utility Patents Processes Machines Compositions of matter Articles of manufacture Improvements
Enter PanIP What is PanIP? What is the patent? Summary History Submarine patents
Status of DeBrand vs PanIP Coalition of businesses being sued www.youmaybenext.com “This is just wrong”, Tim Beere Jonathan Hangartner, San Diego IP attorney DeBeer sued for defamation Errors by US Patent Office
Prior Art “…the entire body of knowledge from the beginning of time to the present”, Intellectual Properties Watchdog Back to submarine patents “Rules for determining obviousness are difficult and perplexing…”, Andrew Hamm Amazon.com, one click online shopping
What if you hold a patent? The owner has the right to prevent others from making Using Selling And Importing 20 years from date of filing Up to you to defend your own rights
How do you protect yourself? Consider Why reinvent the wheel? Liability insurance If you receive a patent infringement notice, you must respond Stay in touch with IP law
Related Issues Devine – shopping carts ACTV and HyperTV – hyperlinking Harrington - software for the universal shopping cart system Tokyo-based International Scientific Company - fee-charging system MercExchange LLC - methods of creating and searching online marketplaces and auctions
Answers to self assessment 1. Trademark 2. None, expired copyright 3. Trademark 4. Trade secret, also the phrase “The number-one baked beans in America!” may be trademarked. Examples of TM’d phrases are “Just Do It”, “Quality is Job 1”
5. Trade secret (technically, an NDA can relate to any form of IP or other information) 6. Trade mark only because it acquired secondary meaning (“famous” has a different impact in TM law, and relates to dilution)
7. Trademark (McSleep, Toys R Us) Remember that dilution only applies to “famous” marks. 8. None, terms only apply to commerce 9. Certification mark. Symbol used by an organization to vouch for products. 10. Trademark
11. Trade dress 12. Copyright 13. Book titles are not automatically protected by copyright (But protection is available under the Lanham Act if the title is being used in a deceptive way.) 14. Bottle is considered trade dress because it is distinctive packaging the name is TM’d
15. Expired patent, By the time it reached the market in 1993, it had 9 years left on the patent (for the active ingredient; other patents covered the formulation and perhaps method of treatment).
“Claritin” is also a trademark, and is protected as such. (Another complexity is regulatory exclusivity, where the government will not approve another product for a certain amount of time, regardless of whether there is patent protection or not. The active ingredient name (compendial name – loratadine) is not trademarked or trademark-able.)
16. While the examining office of the PTO originally allowed the mark to be registered, H-D abandoned the mark in September of 2000 as a result of litigation aimed at opposing the mark. So, it is not correct to state that this is trademarked (although one could argue that it is trademark-able.) 17. Other sounds have been trademarked and maintained successfully, such as the 3-note chord in association with NBC.
18. Plant patent, (and “Roundup Ready” has probably been TM’d) 19. Service mark 20. Trademark for company, and also hook and loop fastener patent 4,775,310 (expired) 21. Collective mark used by members of an association 22. None, possibly public domain
The End …but not the end for DeBrand Chocolates and the coalition.