Jump to first page (C) 1998, Arun Lakhotia 1 Intellectual Property Arun Lakhotia University of Southwestern Louisiana Po Box Lafayette, LA 70504, USA

Jump to first page (C) 1998, Arun Lakhotia 2 Intellectual Property n Copyright n Patent n Trademarks n Trade Secrets Differ on: n type of protection n duration of protection n cost of registration n procedure for registration

Jump to first page (C) 1998, Arun Lakhotia 3 Copyright n Protection given to “original works of authorship” u Literary works u Musical works u Visual works n Literary works includes: u books u poems u plays u brochures u articles u directories u speeches u computer programs...

Jump to first page (C) 1998, Arun Lakhotia 4 Scenario 1 n You like the contents of this lecture. n You go to your business and present a lecture on the same subject (based on what you hear here). n Are you violating any “property” rights? If so, whose, … which.

Jump to first page (C) 1998, Arun Lakhotia 5 Scenario 2 n I send you instructions on “how to use CVS” n You circulate the electronic version to your company by . F Without my consent/ approval. F Without my mail header. n Are you violating any “property” rights?

Jump to first page (C) 1998, Arun Lakhotia 6 Copyright n Protects the expression of ideas n It does not protect the ideas themselves. n That is u “authors own the sequence of words used to express an idea. Other authors are free to use different words in different ways to express the same idea.” [ Stone, CACM, 1992 ]

Jump to first page (C) 1998, Arun Lakhotia 7 Qualification of Copyright protection n Must be an original work n Must be in tangible form u Just raving the idea in mind is not sufficient n Type of protection u Protected from imitators. u Monetary damages, compensation

Jump to first page (C) 1998, Arun Lakhotia 8 Copyright registration procedure n Term of protection u Life of the author + 50 years. n Registration procedure u Application form u Fee $20 (?) u Two copies u to Registrar of Copyrights at the Library of Congress, Washington, D.C.

Jump to first page (C) 1998, Arun Lakhotia 9 Patents n Protection given to u inventions and u designs n that are u novel, u non-obvious, and u useful. n Three types u Utility patents u Design patents u Plant (bio…) patents

Jump to first page (C) 1998, Arun Lakhotia 10 Extract from patent laws n “Congress shall have the 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 1, Section 8, Clause 8

Jump to first page (C) 1998, Arun Lakhotia 11 Extract from Patent Act n Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter or any other useful improvement n thereof, may obtain a patent therefore, subject to the conditions and requirements of this title. 35 U.S.C. 101

Jump to first page (C) 1998, Arun Lakhotia 12 Type of patent protection n A patent grants the right to exclude others form making, using, or selling the invention claimed in the patent. n Term of protection u Seventeen years for utility patent u After that the patent belongs to the public

Jump to first page (C) 1998, Arun Lakhotia 13 Patent Registration Procedure n Prepare a detailed application u include drawings, u specifications, u claims, u declararions, u and a list of related inventions. n Fee $75 - $185 + more n To Commissioner of Patents and Trademarks, Washington D.C.