Intellectual property
how is a trade secret enforced
can sue for damages or seek criminal charges for theft, breach of contract
this type of patent covers any new original and ornamental design of a product
design patents
Intellectual property is
developed from the mind that can't be physically kept safe
federal trademark law states that certain trademark registrations are not legal if they are
disparaging, scandalous, contemptuous, or disreputable
cola-cola recipe, bush's baked beans, KFC, WD-40 formula, google search algorithm, the NY Times Best Seller List
famous trade secrets
who governs trademarks
federal and state laws and agencies
who gets full rights to a patent : first to file or first to invent?
first to file
what are the steps for the VCU technology transfer process
idea , invention disclosure, review, protect, market, negotiate, license, royalties payments equity ( VCU 60, you 40)
how are IP rights lost?
if an idea reaches the public domain before it's officially protected, sharing to people with non-disclosure profiles, selling a product for public use of invention, if its not reclaimed within one year from public disclosure sate, poor record of invention, fraud in patent prosecution, owner dedicates the work to public domain
what is a patentable invention
new or improved machine, material, or process or a solution to a problem
What can be a trade secret
non-disclosed info, source code manufacturing techniques business methods and info and customer lists the secret has to have economic value has to maintain secrecy
requirements for a patentable invention
novel , useful, and non-obvious (Dr. J's court case was nonobvious)
What can be protected?
original works that are tangible in the media and ORIGINAL AND CREATIVE
a ________ is a right granted by the US government to the holder that gives the holder the right, for a limited time period, to exclude others from making using selling or offering for sale the patent invention in the US or from importing products made using the patented invention
patent
this type of patent covers distinct and new varieties of plants
plant patents
who is an inventor
someone who has made a conceptual contribution to at least one element of a claimed invention or provided some direction leading to a reduction to practice
who enforces trade secrets
state law
registered copyrights are governed by
the Federal Law although it is not required to register your copyright
who owns a copyright
the author
4 main types of intellectual property
trade secret trademark copyright patent
what are the four types of intellectual property
trade secret, trademark, copyright, patent
what protects words, names, symbols
trademarks and service marks
this type of patent covers the FUNCTIONAL aspects of a product or process
utility patent
which type of patent has the strongest protection
utility patents
information that you will eventually have to disclose - regulatory approval of clinical products and services
what not a make a trade secret
if you infringe upon a copyright
you pay for the profit that you stole ( Examples: the puppies art )
An example of a federal trademark case would be the Washington redskins. when was the first case filed and overturned
1992 and 1999
how long does a copyright protect your original work
70 years
what are the three types of patents
Utility, design, and plant
who is NOT an inventor
a collaborator or co-author, valuable technician, manager
