Protecting Your Idea Stephen R. Cook, Esq. Assistant Clinical Professor of Law University of Akron School of Law University of Akron School of Law

Intellectual Property “Anything that begins as an IDEA in the human MIND and is DEVELOPED into an ORIGINAL creation that is EXPRESSED in TANGIBLE FORM” “Anything that begins as an IDEA in the human MIND and is DEVELOPED into an ORIGINAL creation that is EXPRESSED in TANGIBLE FORM”

U.S. Constitution The Congress shall have Power The Congress shall have Power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” Article I, Section 8, Part

Intellectual Property Copyright Copyright Trademark Trademark Service Mark Service Mark Trade Name Trade Name Fictitious Name Fictitious Name Patent Patent

Non-Disclosure Agreement (NDA) Aka “Confidentiality Agreement” Aka “Confidentiality Agreement” Contract between discloser and recipient. Contract between discloser and recipient. Limited protection for non-patented idea. Limited protection for non-patented idea. May be limited in time and scope. May be limited in time and scope. Common business practice. Common business practice. “Don’t leave home without one.” “Don’t leave home without one.”

Copyright Automatic protection when an original “work of authorship” is put into tangible form. Automatic protection when an original “work of authorship” is put into tangible form. Federal Copyright Office: Federal Copyright Office:

Trademark A word, phrase, design or symbol that identifies and distinguishes a product from other products. A word, phrase, design or symbol that identifies and distinguishes a product from other products. United States Patent and Trademark Office: United States Patent and Trademark Office:

Service Mark A word, phrase, design or symbol that identifies and distinguishes one service from other services. A word, phrase, design or symbol that identifies and distinguishes one service from other services.

Trade Name Formal name of business entity, usually registered at time of entity formation. Formal name of business entity, usually registered at time of entity formation.

Fictitious Name Name under which a person or entity does business, other than their trade name. Must be registered in Ohio. Name under which a person or entity does business, other than their trade name. Must be registered in Ohio.

Patent Right granted by government that allows holder to exclude others from making, using or selling the patented invention. Three types: Right granted by government that allows holder to exclude others from making, using or selling the patented invention. Three types: Utility – for invention/discovery of new process, machine, composition of matter or any new and useful improvement thereof Utility – for invention/discovery of new process, machine, composition of matter or any new and useful improvement thereof Design – new, original, and ornamental design for article of manufacture Design – new, original, and ornamental design for article of manufacture Plant – distinct and new variety of plant Plant – distinct and new variety of plant

Patent (cont) Provisional application – “Pat. Pending” Provisional application – “Pat. Pending” Full patent time-consuming and expensive Full patent time-consuming and expensive Not self-enforcing, you still must sue Not self-enforcing, you still must sue Beware of invention promotion scams Beware of invention promotion scams See for scam warnings