Create. Sell. Bank! Intellectual Property 101-Kuuttila

Summary

Anneka Sola, a teaching assistant for the Krait cell bank class, delivers an insightful overview of intellectual property, covering patents, copyrights, trademarks, and trade secrets. She explains the types of patents, their requirements, and durations, highlighting the importance of utility, novelty, and non-obviousness. Copyrights are discussed in terms of their automatic protection and registration benefits. Trademarks are defined as identifiers of goods or services, with the advantages of federal registration detailed. Lastly, trade secrets are characterized as confidential business information that must remain secret to offer economic advantage, emphasizing the need for protection against unauthorized disclosure.

Takeaways

• 📝 Intellectual property (IP) includes patents, copyrights, trademarks, and trade secrets, each protecting different types of creations and innovations.
• 🔍 Patents are categorized into utility, design, and plant patents, with utility patents covering processes, machines, manufactures, and compositions of matter.
• 📆 The duration of a utility patent is 20 years from the filing date, while design patents last for 15 years from the date of issue, and plant patents also have a 20-year term from the filing date.
• 🚫 To be granted a patent, an invention must be useful, novel, and non-obvious, ensuring it has not been previously known or used and is not an obvious improvement.
• 📚 Copyrights protect original works of authorship once they are fixed in a tangible medium, such as books, music, or architectural plans.
• 🕰️ Copyright duration for individuals is the creator's lifetime plus 70 years, or 95 years from publication or 120 years from creation for anonymous or corporate works.
• 📜 Trademarks are symbols, logos, or phrases that distinguish the source of goods or services and can be registered with the USPTO for legal protection and exclusive use.
• 🔄 Trademark protection is indefinite as long as the mark is in use, unlike patents and copyrights which have fixed terms.
• 🤐 Trade secrets consist of confidential information that provides a business advantage, such as formulas or processes, and must be actively kept secret to maintain protection.
• 🔒 Trade secrets do not have an expiration date, offering ongoing protection as long as the information remains undisclosed and provides a competitive edge.
• ⚖️ Legal protection for IP is available through the USPTO, and maintaining the secrecy of trade secrets or registering patents and trademarks is crucial for enforcement.

Q & A

What is the main topic of Anneka Sola's presentation?

Anneka Sola's presentation is primarily about intellectual property, covering its different types such as patents, copyrights, trademarks, and trade secrets.

What are the three types of patents mentioned in the presentation?

The three types of patents mentioned are utility patents, design patents, and plant patents.

What does a utility patent protect?

A utility patent protects an invention or idea, which can be a process, machine, manufacturer, or composition of matter.

How long does a utility patent last?

A utility patent lasts for 20 years from the date the patent application was filed.

What are the key requirements for obtaining a patent?

To obtain a patent, the invention must be useful, novel, and non-obvious.

What is the difference between a design patent and a utility patent?

A design patent protects the ornamental characteristics of an article, while a utility patent protects the functional aspects of an invention.

What is a copyright and what does it protect?

A copyright protects original works of authorship that are fixed in a tangible medium of expression, such as literary works, music, and architecture.

What is the general duration of a copyright for an individual?

For an individual, the copyright lasts for their entire life plus an additional 70 years after their death.

What is a trademark and what does it represent?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others.

Why is it important to register a trademark with the US Patent and Trademark Office?

Registering a trademark provides public notice of ownership, a legal presumption of ownership in case of infringement, and the exclusive right to use the mark in connection with the registered goods or services.

What is a trade secret and how is it protected?

A trade secret is information unique to an individual or business that must remain secret to provide economic advantage over competitors. It is protected through non-disclosure agreements and legal action against unauthorized disclosure.

How long does the protection of a trade secret last?

The protection of a trade secret lasts indefinitely until the secret is discovered or loses its secrecy.