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ME 554 Lecture 1

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16 views13 pages

ME 554 Lecture 1

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Anton
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Intellectual Property

Basics
ME 554 Lecture
8/28/24

D.H.R. Sarma, Ph.D.


Main Areas of Intellectual Property

• Copyrights
• Protects original works of authorship
• Trademarks
• Protects the consumer’s association of a mark with the source of the
goods/services
• Trade Secrets
• Recognized for anything that is (1) the source of market advantage; and (2) is not
generally known (i.e., a secret)

• Patents
• Protects the inventive aspect of a good/service
Trade Secrets
• Trade Secret is any “Information” that
• has value - actual or potential -
• because it is not generally known, and
• is the subject of reasonable efforts to maintain its secrecy.
• Positive Information
• How something works.
• Negative Information
• How something doesn’t work.
• Great commercial value!
• Results from lengthy and expensive research that proves what doesn’t
work
• Competitor would love to get this information since it would cut down on
development costs.
Copyright 2015, 2016. Purdue Research Foundation.
Copyright

• Legal definition:
• “copyright protection subsists… in
original works of authorship fixed in
a tangible medium of expression”
• Registration is not necessary to obtain protection
• Remember: Protection is automatic upon “fixation” of the work.
• However, it is easier to litigate violations when registered; can be done prior
to litigation;
• More discussion in a future lecture dedicated to copyrights
Question (8/31/17) on copyright

If A tells a joke verbally or sings a song and B records it,


Who owns the copyright?

• B owns the rights to the “product” or the production rights


• However A has rights under “right or publicity” to go after B if
B profits commercially by the use of the production. Such “going
after” is not for copyright infringement but for other reasons allowed by
law
• More discussion during lecture dedicated to copyrights
• A Symbol Trademarks
• Virtually any word, name, design, device, or sensory agent (smell or
sound).
• TM is common law – costs no money
• ® is the registered mark – costs some money and approval by
the USPTO.
• Advantages to registering the mark with the USPTO including;

preventing importation of infringing foreign goods, public notice of

your claim to ownership of the mark; and the ability to bring an action

concerning the mark in federal court.


Question (8/31/17) on TM Symbol and unregistered trademark

Is it necessary to use the TM symbol?


Answer: No

Use of a word, phrase or logo to indicate goods are services sold


commercially gives common law rights enforceable locally, not
nationwide

A Registered Trade Mark ® (registered with USPTO) provides


rights nationwide

Copyright 2015, 2016. Purdue Research Foundation.


Authorities Underlying US Patent
System
• U.S. Constitution, Article 1, Section 8, Clause 8:
• The congress shall have the power…to promote the progress of science
and useful arts, by securing to authors and inventors the exclusive right
to their respective writings and discoveries. (1751)
• Patent Laws: Title 35-United Sates Code:
• The United States Patent and Trademark Office is established as an
agency of the United States, within the Department of
Commerce….The Office…may establish regulations……
• Patent Rules: Title 37-Code of Federal Regulations
• MPEP: Manual of Patent Examining Procedure

Copyright 2015, 2016. Purdue Research Foundation.

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