Week 9-Dani Flashcards
Conley et al. (2013) article summary:
Rivette and Kline (2003) article summary:
What are five main ways to protect intellectual property?
- Trademarks
- Copyright
- Patents (utility and design)
- Trade secrets
- Industrial design
What is IP (intellectual property)?
Creations of the mind, e.g.:
- Inventions
- Literary and artistic works
- Designs
- Symbols, names, and images used in commerce
What is a patent?
An exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem
Protection for 20 years
Regional – no patent is worldwide
Patents can be searched publically (GPSN (global patent search network), Google Patents, Justia.com)
What can you patent, and what can you not?
CAN:
Process or method
Machine or apparatus
Article of manufacture
Composition of matter
Chemical composition
Physical mixture
Improvements of any of the above
CAN’T:
Processes performed solely by the mind (ex. Meditation)
Laws of nature
Natural phenomena (ex. Tech trying to manage rainfall)
Abstract ideas
What are the benefits and risks of patenting?
BENEFITS:
- your product/process/innovation is protected
- you have the right to license it for profit
RISKS
- you have to disclose everything, so in markets where your patent doesn’t apply, your information can freely be used
- has an expiry date
- expensive, especially when technology can be disrupted/made obsolete
What are the differences between design and utility patents?
Utility patents are more for the functionality/process/composition of a product/innovation, whereas design patents protects the “ornamental design” of a functional item
Design patents:
- are simpler and cheaper to make (essentially a professional drawing of the general product)
- not subject to maintenance fees
- receive approval easier (95% of the time to utility’s 50%)
- have a shorter application process (1yr vs 3+yrs)
- are only protected for 15 years from the date of filing (vs. utility’s 20)
What is a trademark?
A trademark is a source indicator; used to distinguish one’s goods or services from those of others
Protects a word, name, phrase, design, sound, fragrance, 3-D features, or any such combination that is used to identify the source of goods and/or services (McDonalds example: word, logo, “I’m lovin’ it”, sound bite)
If registered (R), lasts 15 years
If unregistered, need to prove ownership through use of the trademark in commerce/business
How can you lose trademark rights?
If:
- the mark is abandoned
- there is improper use of another’s mark
- the mark becomes genericized (synonymous with the product category, like Kleenex, or becomes a noun or a verb, similar to “I googled it”)
What is a copyright?
Protects original works of authorship fixed in any tangible medium of expression
Protects the expression of an idea, not the idea itself
Examples:
Creative works
Literary works
Musical works, including any accompanying words
Dramatic works, including any accompanying music
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
All academic research (Google Scholar)
What is the difference between a copyright and a trademark?
Copyright:
Protects original works of authorship such as books, articles, songs, photographs, and other works
Trademark:
Protects any word, phrase, symbol, and/or design that identifies and distinguished the source of the goods of one party from tose of others
What are the 8 data-related categories for copyright?
- Data (unprocessed raw information)
- Database (organized data)
- Data correlation (observations/statistical insights)
- Theoretical framework (generalized theories for technical phenomena)
- Technological solution (core underlying ideas of new technology)
- Visualization & simulation (static or dynamic visual representation)
- Instruction (directions to execute a procedure)
- Software (computer-implemented/organized collection of data and automated operations, performing specified tasks)
What are trade secrets?
Any confidential business information which is not generally known and provides an enterprise a competitive edge
the “secret sauce”
i.e. something you may be able to patent, but keep secret instead
Which four trade secret types are more common in tech?
Computer algorithms, source code, simulations or visualizations, drawing and blueprints