Intellectual Property Types Flashcards
Property
Real
Personal
Capital
Intellectual
Value creation activity
Product creation
Investment
Improvement
Sale
Rent or licensing
Results
Revenues/profits
Employment
Appreciation
Solution of needs
Two types of IP w/unique laws
Industrial property
Copyright
Two types of IP
Industrial property
Copyright
Industrial Property
Assets created primarily for advancement of tech, industry, trade e.g. patents (inventions), industrial designs, trademarks, service marks and GIs
Industrial Property
Assets created primarily for advancement of tech, industry, trade e.g. patents (inventions), industrial designs, trademarks, service marks and GIs
Patents
- Legal document granting exclusive right to control the use of invention (defined in patent’s claims) within a limited geographical area and time
- Stopping other from making, using or selling invention without authorization.
Industrial designs
- Ornamental
- allows owner to control the exploitation of the ornamental shapes associated with products
Trademarks
- Allows owner to assure public of the origin of the goods.
Service marks
- Form of trademark that allows its owner to assure the public of the origin of a service.
Copyright
- “works of authorship”
Copyright v. Industrial property
–> no registration w/ gov’t required for copyright to be effective against unauthorized use.
–> rights must be expressly granted by government authority for industrial property rights to be recognized or enforced.
Patent agents/ Patent engineers
- Professional attorneys
- Technical professionals
Mechanical devices and articles of manufacture
- traditional inventions; publicly available prior arts may be long established (i.e. hockey skates)
Processes/methods
- many are related to a physical device
- patentee is not limited to seeking protection using only one type of claim –> application can include both apparatus and method claims
(e.g. can patent both new apparatus for filtering/purifying plant extracts and the filtration method)
Chemical compositions or compounds
- …arising in pharma, biotech, materials science and petrochemicals
e.g. acetylsalicylic acid (chemical compound that relieves headaches) - most individually profitable
- must be filed prior to public disclosure following rigorous testing
- often companies will file many applications on a variety of compounds to protect them while still in early stages of testing.
- many are abandoned / manufacturers subsequently learns compound is either not effective or unsafe.
Isolated and characterized molecules
- patents for molecules that have been isolated and characterized according to their function and potential utility.
Genetic organisms / gene sequences
- In countries’ where patentable, such inventions assign functional purpose to genetic sequence…
- Mere sequence without indication of a function is not a patentable invention.
- If a protein or part of protein is produced must specify which protein or part is produced and the function of the protein.
- some countries do not consider genetic materials to be patentable subject matter/apps rejected on the ground that the sequence is part of nature.
Prohibitions for inventions assoc. with methods of treatment of the human body
- special attention when drafting claims for new uses of known pharma and for methods of treating various conditions w/ novel compounds.
Computer programs
- different countries, different rules on patentability.
- software-implemented invention considered patentable in many countries.
-3. may be a system, method and /or apparatus for achieving a certain end by running a computer program. - some computer programs that implements through software instructions, a useful function in a new way. e.g. making computer program process data more efficiently and faster.
Improvements
1.most patents are for inventions that are improvements on prior inventions.
2. “Improvement patent” –> new patent that covers an improved or enhanced effect…
Improvement Patent Example: Inventor A holds patent for an apparatus used to fill medicine bottles. Later Inventor B receives patent for a filling apparatus, improves Inventor A’s invention, filling bottles more quickly with less spillage in novel way…
- Inventor B may not be able to practice patent B without consent from Inventor A if covered by scope of patent A’s claims.
- Consent likely sought through licensing negotiation; both A and B recognize commercial and financial advantages of cooperation.
- as a territorial right, if Inventor A obtains patent in US only, Inventor B can produce and sell its improvement in any other country assuming there are no other patents in those covering the scope of Inventor B’s machine.
