CPS 82, Fall 2010 4.1 IP: Intellectual Property l Copyright, Patent, Trade Secret: IP  IP term is pervasive, so we will use it  Differences from "real"

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Presentation transcript:

CPS 82, Fall IP: Intellectual Property l Copyright, Patent, Trade Secret: IP  IP term is pervasive, so we will use it  Differences from "real" property?  What does IP mean to Cisco employee? l In US, and most other countries, IP similar  Copyright: fixed/expressed, not an idea  Patent: idea/invention, non-obvious, useful  Trade-secret: not-disclosed, secret

CPS 82, Fall Patents and the Internet l Internet built on open standards and source  What are open standards? Why?  cf: patented, licensed, proprietary standards? l Is IP 2 an oxymoron with Internet’s start?  Why was there a change (e.g., patents)?  Court system and economics/business  Why does the world change?

CPS 82, Fall Key Patent Aspects l US: First to File  Provisional Patent (protect invention)  $1500 provisional to $15K full (legal fees)  Lasts 20 years from date of filing Requires paying “maintenance fees” l Non-obvious to one skilled-in-the-art  Must examine prior art, who must? l Must be useful, must exist!  No speculative patents

CPS 82, Fall Why patent something? l Effectively grants monopoly: invention/idea  Not expression as copyright, but novel concept  Different protection than trade secret If it stays secret, good forever, but once out, gone! l Defensive patent  Keep invention accessible/available  Lessen concerns about infringement  More common with software, esp. Open Source

CPS 82, Fall Software Patent: Brief History l State Street Bank & Trust, 1998  Software running mutual funds  State Street asks to invalidate patent  Patent upheld: useful, concrete and tangible result should be considered patentable. l Beginning of huge number of software patents being filed  Prior to this no algorithms patented

CPS 82, Fall Amazon One-Click l What does patent cover? How to find this?  USPTO online, Google Patents  Essentially store credit card  Sues B&N 23 days/issue l Some claims invalidated  What’s a claim?

CPS 82, Fall Patents: good, bad, ugly, other? l USPTO examiners not always “expert”  Are they skilled-in-the-art?  Getting better, but… l Defensive patenting: Red Hat, IBM, Sun  Procure patents, no enforcement, why? l Patent trolls as business model  Buy patents, not “in business” per se  l What are the stories here?

CPS 82, Fall Patent issues l Repeal: prior art ignored  Robert Silvers: photo mosaic l License to infringers, MP3  Law/Lawyers can intervene  For free!: H.264: l Sue infringers  Google query: patent suit. Settled or in court

CPS 82, Fall Aside: Akamai for neophytes l How do cnn.com and facebook.com cope?  What was traffic like at 10:00 pm EST?  Web/Internet cope with flash crowds? l 15,000 servers; 69 countries; 1,000 networks  Richmedia, software, e-commerce, …  70%? Of CDN market l Customized DNS, overlay network, patented  Location, Server, …

CPS 82, Fall Akamai and other CDNs l Referenced in local/cache YouTube article  Redirect URL to distributed hosting service  Leverages capabilities in HTTP (what's the P?) l Facebook has and uses CDNs  Largest photo-site on the web  Custom and commercial CDNs l Patent: Limelight law suit  How do lawsuits work?

CPS 82, Fall Summary of Invention: Patent l It is, therefore, an object of the present invention to provide a football having a plurality of lacings, preferably two lacings, which will provide greater balance to the football and will allow players to improve their passing performance. l It is, still, a further object of the present invention to provide a football wherein a quarterback receiving the twin-laced football of the present invention is able to find a lacing for throwing the ball in half the time, as a result of having at least two lacings on the football.

CPS 82, Fall test.com, Patent l One may appreciate that although the invention has been shown and described with respect to a certain preferred embodiment, obvious and/or equivalent alterations and modifications will occur to others skilled in the art upon the reading and understanding of this specification. The present invention includes all equivalent alterations and modifications and is limited only by the scope of the following claims.