IPR basics
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The document provides an introduction to intellectual property rights (IPR), including copyrights, patents, trademarks, and trade secrets. It defines IPR as rights governing ownership and disposition of technology granted by legislation for patents, copyrights, trademarks, and integrated circuit designs. The summary describes what types of works or inventions each IPR protects, how long protections last, and costs associated with obtaining and enforcing the different rights.
IPR basics
- 1. INTRODUCTION to IPR COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 2. What is Intellectual Property? The principal rights governing the ownership and disposition of technology are known as “intellectual property” rights which are derived primarily from legislation granting patent, copyright, trademark, and integrated circuit mask work protection. COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 3. Types of Intellectual Property Protection COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED. Copyright Patent Trademark Trade Secret Other What is protected Original work of authorship Product Process MOU/ MOT Business identities Business secrets Design patents, Databases, etc. Symbols © Patented ™ SM ®
- 4. Copyright •Narrow Protection: expression not ideas •Inexpensive: free rights, low cost to register o Registration not mandatory •Term is 60 years from death of author •Easy to Obtain: no ingenuity is required •Expensive to Enforce: litigation is costly COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 5. Trademarks •Variable Protection: depends on distinctiveness •Lengthy: Indefinitely renewable •Easy to Obtain: if distinctive mark chosen •Expensive to Enforce: litigation is costly COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 6. Trade Secrets •Known by a limited number of persons, all of whom are under an obligation to maintain the confidentiality of the information •Take measures to ensure that the information remains confidential •Employee and Contractor agreements •Reverse engineering destroys a trade secret COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 7. Patent vs. Trade Secret Patents • Disclose invention sufficient so others can make and use the invention • Duration: 20 years from filing • Protection against independent discovery Trade secrets • Confidentiality • Potentially indefinite • Protection lost if independent discovery or reverse engineered COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 8. COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED. Legislative JudicialExecutive • Affects on Patent Law by proposing legislation and implementing law • Enact Laws • Create patent statutes •Interpret Constitution • Interpret Laws Three Branches of the Govt.
- 9. •Patent and Trademark Office •Commerce Department •Department of Defense •Health and Human Services •Atomic Energy Commission COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED. Agencies that can affect patents
- 10. •Alternative Dispute Resolution • Mediation • Arbitration • Negotiation COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED. Supreme Court High Court Discretionary District Court OR Patent Appellate Board Dispute Patent Law Disputes
- 11. Types of Patents Types are jurisdiction specific Utility patent • Protects articles of manufacture, compositions of matter, machines, or processes, or improvements • Term: 20 years from the application filing date Plant patent • Protects most asexually reproduced plants • Term: 20 years from the application filing date Design patent • Protects new, original and ornamental designs • Term: 14 years from the date of grant COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 12. Protection Outside your country •An invention can be protected in foreign countries by: –Filing individual patent applications in each country where protection is desired, based upon Paris Convention priority •Must file within 12-months of filing the patent application –Filing a PCT application •In countries who are members of the PCT. •Designation in each of these countries is automatic, unless expressly withdrawn COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 13. What Value is the Patent Right? •It may be asserted to enforce a monopoly •It may be licensed to others for a royalty •It may be sold, or used a collateral •It may prevent others from obtaining a patent •It may be a bargaining chip in commercial or legal negotiations (infringement) COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.
- 14. Thank You! COPYRIGHT 2018 KPIED. ALL RIGHTS RESERVED.