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Intellectual Property (IP) Basics

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1 Intellectual Property (IP) Basics
Hieu (Tony) D. Ngo Associate Technical Fellow Boeing Management Company Wayne R. Howe Associate Technical Fellow Boeing Management Company December 3, 2010

2 The greatest benefit that intellectual property can provide – if properly protected and utilized – is a Competitive Advantage. Kinney & Lange, P.A., 2007

3 Intangible Asset Market


5 What is Intellectual Property?
Ideas, inventions, discoveries, artistic works, and other creative products of the mind that provide benefit to the owner are known as “intellectual property”

6 Types of Intellectual Property?
Inventions / Patents Trademarks Copyrights Trade Secrets

7 What Is A Patent? A Government-granted exclusion
Exclude others from making, using, selling or offering to sell, or importing the invention Inventor makes public a complete description of the invention and how best to use it Does not give its owner the right to practice the invention itself Territorial

8 Types of Patents Utility Patent Design Patent Plant Patent
Protect the function or “utility” of the invention Term: 20 years from application date Design Patent Protects the “ornamental design” or appearance Term: 14 years from issue date Plant Patent Protects distinct and new varieties of plants Term: 20 years from the application’s filing

9 What Is Invention? Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent thereof, subject to the conditions and requirements. 35 U.S.C. § 101

10 Patentability An invention is patentable if:
New – novelty requirements Useful – has a practical application Nonobvious – would not have been obvious When the inventions go beyond an abstract idea and meet certain requirements, the invention becomes eligible for protection under the patent law.

11 Patentability Can lose Patentability United States Foreign Countries
Public Disclosures (i) Printed Publication (ii) Sale or Offer for Sale Foreign Countries Absolute Novelty - No public disclosure Disclosure within a Business Relationship and Experimentation Use is not Public Disclosure


13 What’s Trademarks? Words, Symbols or Slogan
Identify & distinguish one’s products or services from others Indicate source and quality of products or services

14 Copyright © 2010 Company XYZ. All Rights Reserved
What Is Copyright? Protect original work of authorship Fixed in a Tangible Medium Examples: Protectable: literary works, a/v works, computer programs NOT Protectable: titles, slogans, ideas, processes Copyright © 2010 Company XYZ. All Rights Reserved

15 Rights Exclusive rights to (or authorize others to) Exceptions
Reproduce a work Prepare a derivative work Distribute copies Publicly perform or display a work Exceptions Criticism Comments News reporting Teaching Research

16 What Is Trade Secret? Any information that derives independent economic value Not being generally known or readily ascertainable.

17 What Is Trade Secrets? Design Tools, Processes & Methods
Business Plans & Strategies Customer Lists & Product Pricing Data Supplier Lists Production Know-How & Planning Drawings & Documents Technical Data Non-commercial Computer Software

18 Summary (IP Rights Action Chart)

19 Questions

20 20

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