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 / PatentsTrademarksCopyrightsTrade Secrets
7 What Is A Patent? A Government-granted exclusion Exclude others from making, using, selling or offering to sell, or importing the inventionInventor makes public a complete description of the invention and how best to use itDoes not give its owner the right to practice the invention itselfTerritorial
8 Types of Patents Utility Patent Design Patent Plant Patent Protect the function or “utility” of the inventionTerm: 20 years from application dateDesign PatentProtects the “ornamental design” or appearanceTerm: 14 years from issue datePlant PatentProtects distinct and new varieties of plantsTerm: 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 requirementsUseful – has a practical applicationNonobvious – would not have been obviousWhen 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 SaleForeign CountriesAbsolute Novelty - No public disclosureDisclosure within a Business Relationship and Experimentation Use is not Public Disclosure
15 Rights Exclusive rights to (or authorize others to) Exceptions Reproduce a workPrepare a derivative workDistribute copiesPublicly perform or display a workExceptionsCriticismCommentsNews reportingTeachingResearch
16 What Is Trade Secret?Any information that derives independent economic valueNot being generallyknown or readilyascertainable.
17 What Is Trade Secrets? Design Tools, Processes & Methods Business Plans & StrategiesCustomer Lists & Product Pricing DataSupplier ListsProduction Know-How & PlanningDrawings & DocumentsTechnical DataNon-commercial Computer Software