1. Intellectual Property Paul H. King, Ph.D., P. E.

2. copyright 2000 Paul H King2 Introduction Intellectual Property is defined as products of the human intellect that have economic value

3. copyright 2000 Paul H King3 Topics of Discussion Patents Copyrights Trademarks Trade secrets Course conduct

4. copyright 2000 Paul H King4 Patents Ultimately property rights and personal rights are the same thing. -- Calvin Coolidge The march of invention has clothed mankind with powers of which a century ago the boldest imagination could not have dreamt. -- Henry George

5. copyright 2000 Paul H King5 Patents Description of invention Grant monopoly to holder or assignee 3 types: design, plant, utility

6. copyright 2000 Paul H King6 Design Patent test: = design, nonfunctional, new, non- obvious original design or appearance for an article of manufacture 14 year monopoly Statue of Liberty, some toys, shape of mixer, wheel hub ONE claim, embodied in drawing

7. copyright 2000 Paul H King7 Plant Patent test: = invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state Algae and macro fungi are regarded as plants, but bacteria are not 20 year monopoly climbing rose, etc 10,000+ patents documentation & claims

8. copyright 2000 Paul H King8 Utility Patent = (new+useful+nonobvious) : process, machine, article, composition of matter or (new+useful+improvement thereof) 20 year monopoly includes software

9. copyright 2000 Paul H King9 Filing Process, Patenting Do it - invent it, build it. Prove it - document as you go. Witness! Prove it! Patent search. Generate documents (next), file, pay, wait, negotiate Protect it, use it.

10. copyright 2000 Paul H King10 Patent Document Title Abstract Drawings Background of invention Summary of invention Description of drawings Claims

11. copyright 2000 Paul H King11 Warnings Time limits from publication. Sufficient clarity of claims! Sufficient breadth of claims. Prepare for infringement Be sure of ownership

12. copyright 2000 Paul H King12 Copyrights Cover: literary works movies videos A-V presentations PowerPoint shows photographs sculptures graphics sound recordings architectural works dance choreographs pantomime

13. copyright 2000 Paul H King13 Copyrights Must: have fixation have some originality have some creativity be an expression, not an idea or formula be visibly indicated by “© date, name of owner”

14. copyright 2000 Paul H King14 Copyrights Continued: optional, 2 copies to LOC w/in 5y +$30 life + 70 (yours) HIRED pub+95y or create +120y infringement: sue for damages

15. copyright 2000 Paul H King15 Trademark ® = name/word/symbol unique/dissimilar and used may be reserved, but must be used $250

16. copyright 2000 Paul H King16 Trademark ® WordPerfect ® Pentium ® King’s Skydiving - Good to the last drop! DELL® DIMENSION® infringement: sue for damages

17. I wanted to get you a stripper for your Birthday….

18. But I couldn’t decide between the Black and Dekker® and the Stanley® !

19. copyright 2000 Paul H King19 Trade Secret ANYTHING that gives you an advantage & has to be “stolen” to immediately help the competition. OFTEN involves NON-DISCLOSURE agreements. Cannot preclude invention by others… Cannot preclude reverse engineering. Example: COKE®

20. copyright 2000 Paul H King20 Course Conduct (Faculty Manual) Literary/Artistic  Author Work for hire (job assignment)  University Technology  University + Inventors (%) Exception: outside consulting & research iff agreed upon Understand and document ALL!

21. copyright 2000 Paul H King21 Design Course - Intellectual Property Patents, copyrights, trademarks, secrets - know! Project development - document! Publication begins countdown!

22. copyright 2000 Paul H King22 I P References http://www.uspto.gov/ US Patent/Trademark Office http://lcweb.loc.gov/copyright/ Copyrights http://www.uspto.gov/web/offices/pac/dapp s/pct/pct.htm Patent Cooperation Treaty http://www.library.vanderbilt.edu/central/go vt/gvtlaw.html VU Links http://www.vanderbilt.edu/technology_trans fer/ VU Tech Transfer

23. copyright 2000 Paul H King23 Homework Do a US patent search using your last name as a search term. Write up a patent found (no result, use Smith.) What does it do? Do a similar copyright search. Dr King holds patent number 3,591,806. How many citations refer to this patent? Draft an IP agreement with your project advisor (See VU disclosure form.) Draft a patent application for your project.