Intellectual property fundamentals summary of the lecture
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INTELLECTUAL PROPERTY FUNDAMENTALS
Summary of the lecture
O
Lecturer: T. Pavlova
UTLINE OF THE LECTURE
I Introduction (What Is Intellectual Property?)
II Lecture Body
1. Patents, A utility patent, Trade Secrets, Copyrights, Trademarks, Other Intellectual Property 2. How do copyrights, patents, and trademarks differ?
3. Who owns the patent on an invention created by a person as part of his or her job?
III Summary (Intellectual Property Glossary)
Appendix: Samples of Patent Translation Rules
WHAT IS INTELLECTUAL PROPERTY?
Intellectual property is like mental real estate. As with any piece of property it can be bought, sold and rented (i.e. licensed). Unlike real property, intellectual property is intangible.
PATENTS
A patent, as well as a copyright or trademark, is an agreement between the Government and the inventor 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."
Various analyses have shown that patents are an essential incentive for most inventors to push the envelope of creativity and bring their ideas to fruition for the benefit of the public. Patents reward disclosure rather than secrecy. They encourage investment in research and development as well as production and marketing of new products.
There are three types of patents: utility, design, and plant:
A utility patent
is the type with which most people are familiar, and it is granted for any new and useful process, machine, manufacture or composition of matter or any new or useful improvement thereof.
A design patent
protects a new, original and ornamental design for an article of manufacture
A plant patent
protects a new and distinct, asexually reproduced variety of plant.
TRADE SECRETS
A trade secret is any formula, pattern, device, process, tool, mechanism, compound, etc., of value to its owner which is not protected by a patent and is not known or accessible to others. As long as it is kept secret, the owner may obtain a great deal of commercial benefit; however trade secrets do not have the same level of legal protection as patents and copyrights.
Trade secret protection is governed by state laws and every state makes a theft or unauthorized dissemination of a trade secret an unlawful act. Courts will protect trade secrets if they are truly-secret, substantial and valuable; but there must be evidence that reasonable efforts are made to keep them undiscoverable.
COPYRIGHTS
In contrast to a patent which protects an idea and its implementation, copyright protects the expression of an idea, not the idea itself. Such expression must be in some retrievable form such as handwriting, set in type, recorded on magnetic tape or other storage medium. Copyright covers the expression in literary or musical works, computer programs, video or motion pictures, sound recording, photographs, and sculpture. Unlike patents, copyrights automatically come into being when the idea is fixed in a tangible medium of expression.
TRADEMARKS
A trademark is a word, name, symbol or device used by a someone to identify their goods and distinguish them from others. Commercial logos are common examples of trademarks. Trademark rights can be asserted by using the familiar trademark indicator TM in association with particular goods or services. Registration of a trademark can sometimes afford limited protection beyond the life of the patent for a particular product.
Other Intellectual Property (Mask Works, Biological Material)
HOW DO COPYRIGHTS, PATENTS, AND TRADEMARKS DIFFER?
Copyrights, patents, and trademarks all are examples of intellectual property. While each has its own rules and applications, they sometimes overlap so that more than one could apply to the same article or service, although in practice usually only one type of protection is granted.
Copyright protects the expression of an idea. It protects the original creative works of artists, authors, and musicians from unauthorized copying and use by others. Books, music, sculpture, choreography, and jewelry design are examples of creative expression that can be copyrighted. Copyright laws encourage creativity and intellectual pursuits by allowing artists to profit from their creations.
A patent protects the application of an idea. If an inventor creates a new, nonobvious and useful machine, chemical, or process; or a new and nonobvious design or plant; and gets a patent, others are prohibited from copying the invention for a period of time. The inventor then can profit from the invention. Patents most often are awarded for useful items and processes, such as drugs, machines, and new compositions of material. A design patent, however, is awarded for a nonfunctional design or ornamentation of a manufactured product. The design itself also may be eligible for copyright protection.
Trademark protects a device that identifies the provider of a particular good or service. The mark may consist of words, symbols, or a combination of the two. A fast food restaurant named MacDonald's probably would be infringing on the trademark of McDonald's restaurants, because it could confuse consumers, and the MacDonald's owner would be unfairly cashing in on the reputation of McDonald's. Trademark, unlike copyright can protect names, titles and slogans. The artistic design of a logo may be protected by copyright law; while trademark law would prevent others from using the same logo in a confusing manner. The design of a product may be a trademark of the manufacturer, but also could receive a design patent.
WHO OWNS THE PATENT ON AN INVENTION CREATED BY A PERSON AS PART OF HIS OR HER JOB?
The actual inventor is the only one who can file for a patent, even if the individual developed the invention in the course of his or her employment using the employer's resources. However, it is a regular practice for an employee of a corporation or university to sign a contract stating he or she will assign any patents received to the employer. Often a potential employee must sign such a contract as a condition for getting the job. Sometimes an employer may agree to share royalties with the inventor, or may give a bonus to the inventor. If there is no agreement of this sort, the employer may be given "shop rights," the right to use the invention for its internal purposes. No matter what sort of arrangement exists between the inventor and the employer, though, the inventor's name remains on the patent.
SUMMARY (Intellectual Property Glossary)
Appendix - SAMPLES OF PATENT TRANSLATION RULES
- Патентна термілогія;
- переклад патентів
Назва винаходу; Заява патентовласника; Бібліографічна частина; Область техніки, до якої відноситься винахід, та огляд стану техніки; Критика прототипів; Цілі винаходу, Короткі формулювання суті винаходу, Заключна фраза вступної частини опису; Детальний опис винаходу; Розширювальний абзац; Формула винаходу; Останній пункт формули винаходу; Список матеріалів, використаних під час експертизи
For young researches from Tatiana P. PA VLOVA