The Basics of Intellectual Property Law

By

Priyanka Shingade(35)

Kunal Mantri(21)

Amol Mandale

Nilesh Sahane

Sagar Surwade

If you don’t see a problem with this question, you need this class!

Types of Intellectual Property

PatentsTrademarksCopyrightsUnfair Competition

Trade Secrets

How to Acquire RightsPatents

by Application, Examination and GrantTrademarks & Service Marks

by Use in Interstate Commerce, then

registrationCopyrightby writing something --

perfected by declaration and registration

What Is A Patent? Grant by the U.S. Government to provide

individuals legal protection for their discoveries (inventions)

Finds basis in Article 1, Section 8, U.S. ConstitutionCongress is empowered 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.”

Covered by Federal Law (Title 35 USC) Gives the patent owner the right to prevent

others from making, using or selling the claimed invention within the United States or Country of Issue.

Types of Patents

Utility

Plant

Design

Utility Patent

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 therefor, subject to the conditions and requirements of this title. (35 U.S.C. § 101)

Plant Patents

Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated spores, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state. . . (35 U.S.C. § 161)No bacteria or similar single-cell organisms need

apply!

Design Patents

Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent. (35 U.S.C. § 171)

Life & Duration

Life of utility patent - 17 years from date of issue of Patent if application filed before June 95 or 20 years from date of filing application after June 95

Effective only in the U.S. (foreign patent applications filed separately based on U.S. application are available).

INVENTION PATENTABLE INVENTION PATENTABLE IF........IF........

NEWNEW

USEFULUSEFUL NOT OBVIOUSNOT OBVIOUS

PERTAINS TO PERTAINS TO

PATENTABLE SUBJECT PATENTABLE SUBJECT

MATTER UNLESSMATTER UNLESS

GRANT OF PATENT IS GRANT OF PATENT IS

NOT BARREDNOT BARRED

What Does a Patent look Like?

What is a License?What is a License?A contract between licensor and

licensee.Licensor grants to licensee the right

to practice the technology claimed in the licensed patent

Licensor agrees not to sue licensee for infringing licensor’s patent

Other forms of IP!

Trade & Service Marks

Trade & Service Marks

MarksMarks

Trademarks® , ™ A trademark identifies tangible good or product of a company or

individual.Servicemarks ®, SM

A service mark identifies the service s of a provider. Marks used by a company

can function as both.

Trade names

Once a trade name was used to denote any mark descriptive of a good or service.

Today, it is a company business name.

Acquiring Trademark RightsTypes of trademark TM - a Trade Mark™ - used before registration

SM - a Service Mark SM - used before registration

Used in Interstate CommerceRights by Registration®Unfair Competition

Misuse of Trade DressPassing Off

Other forms of IP

Copyright©Copyright©

Copyrights

Copyright law protects the expression of an idea. Not the idea itself.

Copyright protects“…original works of authorship fixed in any

tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” (17 U.S.C. § 102)

Original

The term original in the copyright law means that the work originated with the author.

There is no requirement for novelty or uniqueness as there is in patent law.

Must originate with author.

Duration

Depends on whether it is pre or post 1 Jan. 1978

Pre - Depends on whether published? Registered, first term, renewal etc.

Post - Life of author + 50 yearsWork-for-hire 75 years from publication, 100

years from creation which ever is first

Ownership

Works for Hire - employer is considered the author when:work prepared by an employee within the scope or his/her

employmentwork specially ordered or commissioned for use as a

contribution to a collective work

Transfer of title v Work-for-Hireunder a work for hire, employer is considered the owner.

Duration 75 years from pub or 100 from creation. Transfer (assignment etc. 35 years)