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.

Outlines

00:00

📝 Introduction to Intellectual Property

Anneka Sola introduces herself as the teaching assistant for a class on innovation, ecommerce, and idea pitching. She outlines the purpose of the video to provide an overview of intellectual property, covering patents, copyrights, trademarks, and trade secrets. She emphasizes the importance of the USPTO website for further information and begins with a detailed explanation of patents, including utility, design, and plant patents, and their respective durations and requirements.

05:02

🔍 Deep Dive into Patent Requirements

The second paragraph delves into the three criteria that must be met for an invention to be patentable: it must be useful, novel, and non-obvious. Anneka explains that an invention does not need to be fully realized to be useful, and it must not have been previously known or used. She also stresses the importance of not disclosing the invention publicly before beginning the patent process to maintain its novelty.

10:04

📚 Copyright Protection and Its Duration

In this paragraph, Anneka discusses copyrights, which protect original works of authorship once they are fixed in a tangible medium. She explains the broad range of works that can be copyrighted, including literary works, music, and architecture. She also details the duration of copyright protection, which has been extended by recent legislation, and distinguishes between individual and corporate copyrights. Anneka advises registering copyrights with the Copyright Office for business purposes, even though it is not mandatory.

15:04

™ Trademarks: Identity and Distinction in Business

Anneka explains trademarks as words, phrases, symbols, or designs that distinguish the goods or services of one party from others. She provides examples of well-known trademarks and discusses the benefits of federal registration, such as public notice and legal presumption of ownership. She also clarifies that while registration is not mandatory, it offers significant advantages. Anneka notes the importance of using the appropriate trademark symbols and the need for ongoing use to maintain trademark validity.

🔐 Trade Secrets: The Importance of Secrecy

The final paragraph focuses on trade secrets, which are unique business information that must remain confidential to provide a competitive advantage. Anneka describes what can constitute a trade secret and the importance of using non-disclosure agreements to protect them. She mentions the famous Coca-Cola vs. Pepsi case to illustrate the significance of trade secret protection. Anneka warns that if a trade secret is disclosed or independently discovered, its protection is lost, highlighting the indefinite nature of trade secret protection as long as secrecy is maintained.

Keywords

💡Intellectual Property

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. In the video, the concept is central as it encompasses patents, copyrights, trademarks, and trade secrets, which are all discussed in detail as different types of legal protections for these creations.

💡Patents

A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period, usually 20 years. In the script, three types of patents are mentioned: utility patents, design patents, and plant patents, each serving to protect different aspects of an invention.

💡Utility Patents

Utility patents protect the functional aspects of an invention, such as a process, machine, manufacture, or composition of matter. The script explains that these patents cover a wide range of industrial and technical innovations and have a lifespan of 20 years from the filing date of the application.

💡Design Patents

Design patents protect the ornamental aspects of an invention, focusing on the way an article looks. The script uses the example of the rounded corners and flat screen of an iPhone to illustrate how design patents can apply to both aesthetic and functional items.

💡Plant Patents

Plant patents are a specific type of patent that protect new, distinct, and asexually reproducible plant varieties. The script mentions that algae and fungi are considered plants for the purpose of plant patents, unlike bacteria, and that the life of a plant patent is also 20 years from the filing date.

💡Copyrights

Copyrights protect original works of authorship that are fixed in a tangible medium of expression. The script explains that copyrights can apply to a wide range of creative works, including literary works, music, and architectural designs, and that they are secured automatically upon creation of the work.

💡Trademarks

Trademarks are symbols, logos, names, or phrases that identify and distinguish the source of goods or services. The script discusses how trademarks serve to protect brand identity and can include logos like the Nike swoosh or the Google logo, emphasizing their role in business and commerce.

💡Trade Secrets

Trade secrets refer to confidential business information that gives an enterprise a competitive edge, such as a formula, pattern, program, or process. The script explains that trade secrets must be kept secret to maintain their protection and gives the example of Coca-Cola's recipe as a well-known trade secret.

💡Public Domain

The public domain refers to works or information that are not protected by intellectual property laws and can be freely used by the public. The script mentions that once a patent or copyright expires, the protected work enters the public domain, allowing anyone to use it without restriction.

💡Non-Obvious

In the context of patents, non-obvious means that an invention must have a significant difference from what has been used or described before. The script explains that an invention is considered non-obvious if a person with ordinary skill in the relevant field would not find it obvious to make the invention.

💡Infringement

Infringement refers to the unauthorized use of another's intellectual property, such as a patent, copyright, or trademark. The script mentions that registering a trademark or copyright can establish a legal presumption of ownership and provide grounds for pursuing infringement claims.

Highlights

Introduction to the four main types of intellectual property: patents, copyrights, trademarks, and trade secrets.

Explanation of patents, including utility patents, design patents, and plant patents, and their respective categories and durations.

Utility patents protect processes, machines, manufacturers, and the composition of matter, with a 20-year life from the filing date.

Design patents protect the ornamental characteristics of a design, with a 15-year life from the date of issue for applications filed after 2015.

Plant patents cover newly discovered living plant organisms, with a 20-year life from the filing date.

Three requirements for patents: usefulness, novelty, and non-obviousness.

Copyrights protect original works of authorship, with terms based on the life of the author plus 70 years or 95 years from publication for corporate works.

Copyrights are secured automatically upon creation, but registration with the Copyright Office is recommended for legal protection.

Trademarks identify and distinguish the source of goods or services, with indefinite protection as long as in use.

Advantages of federal trademark registration include public notice, legal presumption of ownership, and exclusive rights.

Use of trademark symbols (™, ℠, ®) to indicate registration status or pending prosecution.

Trade secrets consist of unique, secret information used in business to gain an economic advantage, with protection lasting until discovery.

Importance of maintaining secrecy for trade secrets and the consequences of unauthorized disclosure.

The Coca-Cola vs. Pepsi lawsuit as an example of trade secret protection and the risks of disclosure.

The presenter's credentials as a registered patent agent and offer to answer questions.

The USPTO website (www.uspto.gov) as a resource for more information on intellectual property.

The importance of not disclosing patentable ideas before starting the patent process to maintain novelty.

The distinction between patents, copyrights, trademarks, and trade secrets in terms of what they protect and their duration.

Transcripts

hello everyone my name is anneka sola

i'm the teaching assistant for the Krait

cell bank class that teaches innovation

ecommerce and idea pitching and i'm here

today to talk to you about intellectual

property and to just kind of give you a

one-on-one overview of the different

types so again as I mentioned what we'll

be going over today is the four

different types of intellectual property

so this includes patents copyrights

trademarks and trade secrets and I'll be

going through each one in a little bit

of detail so before I get started I just

want to mention that all the information

that I'm presenting in this PowerPoint

can be found on the USPTO website the US

Patent and Trademark Office which is WW

uspto.gov so we'll start with patents so

patents essentially protect an idea that

you may have a new type of invention

there are three types of patents

the first is utility patents the second

design patents and the third is planned

patents

I'm going to go through each one of

these a little bit in greater depth so

just to describe what can be classified

are under each one so the first utility

patents there are four categories that

fall under this so a process which is a

you know process act or method of doing

or making something so this includes a

lot of industrial or technical processes

the second category is a machine so this

is any type of machine it can be a

computer a clock you know anything that

you know functions in a certain way um

the third category is a manufacturer so

this is anything that is made this

includes a table a chair a bed frame

anything essentially that you can

manufacture and the fourth is the

composition of matter so this is a new

chemical composition or a mixture of

ingredients or a new chemical compound

so this can include you know new

formulations for so for shampoo and it

up counsel include you know

pharmaceuticals or new types of drugs

things like that and the life of a

patent for utility patents is 20 years

from the date on which the application

for the patent was filed and this is

important

so patents they typically take about a

couple years with the US Patent and

Trademark Office corresponding with the

either the attorneys or the inventors

that directly themselves through the

form of office actions and from the

initial filing date that is actually

when the 20 year clock for the life of

the patent starts it's not when the

pattern actually issues which is a

common misconception and this is

important to remember because once those

once that time frame is up the patent or

the idea is out in the public domain so

it can be used by anyone however it

cannot be claimed solely by anyone else

to exclude anybody else from using it

I'll move on to design patents so design

patents essentially protect the way an

article looks so it's the ornamental

characteristics of a design so it can be

you know a new design for a lamp or a

wall hanging or in the case of an iPhone

the rounded corners and the flat screen

those constitute design patents and a

lot of manufactured items which is one

of the categories of utility patents

they possess both functional and

ornamental characteristics you know such

as a chair the way it looks a table the

same thing both utility and design

patents may be required to fully protect

the invention and again this is

something that you know it's important

to talk with an attorney about or

somebody who is qualified in this area

to really determine what would be the

best level of coverage for your

invention um in terms of design patents

the life is 15 years from the date of

issue and this is applications filed

after 2015 so anything you know as of

now if you follow for a design patent as

soon as the issues it's alive for 15

years and you're able to use it the

third type of patent is a little bit

smaller category but it's still there

and still worth mentioning and it's

plant patents so there's a couple

different things that fall under this

essentially it has to be a newly

discovered living organism living plant

organism which can be duplicated through

asexual reproduction but cannot

otherwise be made or manufactured so

this can be cultivated plants of a lot

of different varieties

it's mutants or transform plants and

it's important to note that algae and

fungi are considered plants under this

the bacteria are not and the life of the

plant patent is twenty years from the

date on which the application was filed

so it's similar to the utility patent so

as soon as that application is filed

that is when the life of a plant patent

is started so all these types of patents

have to fulfill three requirements if

they're to be issued before the US

Patent and Trademark Office the first is

it has to be useful so essentially the

subject matter has to have a useful

purpose and it has to serve its intended

purpose each of these categories is

broad on purpose because there are so

many different types of things that can

fall under this but essentially what

this requirement means is that if you

claim that your invention does something

you just have to make sure that it

actually does that it's not necessarily

that you have to completely reduce it to

practice you don't have to completely

you know develop a working prototype and

you know have it implemented in systems

you just have to be able to prove in

theory that your invention works so for

example a perpetual motion machine you

know wouldn't be patentable because you

would not be able to prove that it

actually would work so the second

category is that the patent has to be

novel so this essentially means that it

can't have been known or used patented

publish described publicly or on sale

before you patent so it's really

important that if you want to get a

patent on your idea you make sure that

you don't publish anything it whether

that's in an online journal article or

you know in a presentation that you're

giving whether it's at school or

whatever else or offered it for sale so

you want to make sure that you start at

least start the patent process before

you disclose publicly and if you don't

there's circumstances to where you can

still get a patent but it's important to

you know very very soon after you

disclose to either talk to an attorney

or look into the patenting process it's

important to mention under this category

that you can make improvements to

another invention as long as it is not

obvious to make those improvements the

third category is

it's not it has to be non-obvious so

essentially what this means is that it

has to have a sufficient difference but

from what has been used or described

before so if you're coming up with a new

composition for you know conditioned

hair conditioner it has to be

sufficiently different it has to have a

sufficient benefit or you know it's

cheaper it works better it you know uses

a new compound it has to be sufficiently

different in that a person having

ordinary skill in the area of your

technology or your idea related to the

invention would not find it obvious to

make the change so it has to have that

inventive step in there that's really

all that is required for these so in

order to get a patent to recap you have

to fulfill all of these three

requirements so moving right along to

copyrights so this is the second type of

intellectual property and essentially

what copyrights do is they protect

original works of authorship fixed in a

tangible medium of expression so there's

a lot of different things that can fall

under this it can be you know books in

the form of literary works poetry novels

things like that it can be architecture

so in the form of design of buildings or

it can be you know music so the the main

requirement is that it just has to be

fixed in a medium so whether that's you

know song being recorded or written down

on a piece of paper whether that's you

know a poem being written down it

doesn't necessarily have to be published

it just has to be you know recorded or

architecture just at least the design

plans you know written out and you know

able to be viewed so there's a lot of

different things that can fall under

this um and basically the manner and

medium of fixation are unlimited so it

can be words numbers know it sounds

pictures there any other graphic or

symbolic media it doesn't really matter

it just has to be implemented in some

way that it can prove that you you know

have come up with this on your own and

again you don't have to publish anything

to have a copyright as soon as you you

know write something down or type

something up or you know create

something take a picture is copy

right then and there you don't

necessarily have to do anything else to

it the life of a copyright there's been

new legislation that's been passed in

the last couple of years and now the

terms of the copyright for an individual

so let's say you yourself have come up

with something would say you know it's a

poem you've written that poem would be

copyright to you for the for your entire

life plus seven years after that so it's

a pretty long period of time to where

you solely own that copyright and nobody

else can use it without your permission

if the copyright was developed

anonymously or for hire so this applies

to businesses or corporations it is 95

years from the date of publication of

the you know media or 120 years from the

date of creation whichever is shorter so

this it's it's funny there's a special

circumstance with Disney's Mickey Mouse

that's actually the reason for a lot of

the recent legislation on copyright laws

because it's been very difficult for a

lot of people to you know have the idea

of having Mickey Mouse out in the public

domain so this these new laws have

actually extended to where you know

Mickey Mouse is not in the public domain

it is still protected by Disney even

though it was invented in the 1920s by

Walt Disney but some other examples are

William Shakespeare's works which were

in the 1600s those are out in the public

domain now and the works of Mozart in

terms of his music hit both his recorded

music and you know what he wrote down on

paper those are out in the public domain

again once something is in the public

domain nobody else can exclude others

from using it but anybody is free to use

it from their own mount so again you

don't need to register your work with

the Copyright Office to claim copyright

it's secured automatically when you

create the work when you write something

down when you you know compose a song

and you record it or you write it down

on a piano sheet music um and again an

example could be you know a song can be

fixed in sheet music on a CD or both it

doesn't really

how you record anything it just has to

be recorded in some way um even though

it's not required it's recommended to

register with the Copyright Office if

you are going to be using it for

business purposes um just for the

following reasons it creates a public

record of your claim to the copyrights

so there's no question about you know

that it is your copyright you came up

with it you are the author of that and

if there's in cases of infringement if

somebody else is using your copyright

then you can you know pursue that and

you have claims still to your work and

it establishes the validity of the

copyright if there is any ever any

question about it so we're moving right

along to trademarks so a trademark is a

word phrase symbol and/or design that

identifies and distinguishes the source

of goods of one party from those of the

others and another way of saying this is

a service farm and essentially it just

it's the same thing before a service and

this is brand name slogans and logos but

we encompass both of these into the word

trademark because you know we just

broaden it out and say that everything

and goods and services are a trademark

so below is an example of a number of

different trademarks in terms of logos

so the Nike swoosh you know that's a

that's a trademark the Google logo

McDonald's has a trademark on their logo

basically anything that can be used to

identify the trademark in and it

identifies it and distinguishes it so

registration of trademarks again is not

mandatory but federal registration of a

trademark with the US Patent and

Trademark Office has several advantages

so there is again a public notice that

you own the trademark nobody else can

claimed it claim it there's a legal

presumption of ownership in case there

is any infringement or anything and you

have the exclusive right to use the mark

on or in connection with the goods and

services set forth in the registration

so you are the sole owner of the

trademark you are the only one that can

claim you know the purpose is that it

excludes others from using the length of

the trademark is indefinite

as long as the markets in use so that's

very important you can't just get a

trademark on something and not really

pursue the business afterwards if you

are using it for a business it won't it

won't stay valid after that and again

you know as with patents and copyrights

you do have to file specific documents

and pay certain fees at regular

intervals and all of that information

can be found on the US Patent and

Trademark Office website they have a

very clear schedule of fees that are due

and the amounts if you're an individual

those fees are very low just because you

know the US Patent and Trademark Office

wants to encourage inventor ship in

entrepreneurship so again each time you

use your trademark it's important to use

a designation with it so if you if you

have registered with the US Patent and

Trademark Office you can use the AR with

the circle around it symbol that just

means registered trademark if you don't

have it registered or if it's not yet

registered it's in prosecution stone you

can use the TM with a circle around it

symbol for goods or you can use SM for

services or you can just use TM for

services - it doesn't really matter um

and again sometimes in the use of a

business name so let's say you are

filing for an LLC and you get an LLC

registered on your business name that

doesn't necessarily qualify you for a

trademark on that same name you still

have to if you want to register your

trademark you still have to do that with

the US Patent and Trademark Office and

again if you use you know if the

business name is associated with you

know distinguishing yourself from other

competitors and if you use it in that

certain way it can be considered a

trademark if you use it to identify the

types of goods and services that you

provide it can be so if you develop a

logo that can be a trademark it really

just you know has to in some way

identify the purpose of your business so

living right along to the fourth type of

intellectual property which is trade

secrets so trade secrets are a little

bit harder to define because there's

they're not public and this is on

purpose

so trade secrets consist of information

that is unique to an individual or a

business and it must remain secret so

this can be anything from a formula a

recipe a pattern a program method a

process relief anything and everything

that you can think of um

trade secrets must be used in business

in order for them to be valid and they

must give an opportunity to obtain an

economic advantage other competitors who

don't know or use it so an example could

be the recipe for a really good

chocolate chip cookie recipe that could

be a trade secret it can use that for

your bakery business and what you would

have to do is be very careful about you

know not disclosing that to anybody

outside of your business and that would

have to be some sort of you know

documentation that your employees side

that they you know a nondisclosure

agreement essentially this was a pretty

famous case with coca-cola and Pepsi to

where coca-cola you know of course their

recipe for coca-cola is a trade secret

nobody really knows what it is and it's

like that on purpose coca-cola is very

you know strict with their employees

that they have a non-disclosure

agreement they're not allowed to you

know disclose what that recipe is but

yours back Pepsi actually found out what

the recipe was through you know

different uses of tactics and coca-cola

won a big lawsuit against them so it's

really important to you know make sure

that your trade secrets are protected

but if they are disclosed in a certain

way or if it's unauthorized you know

there is protection that you know the US

Patent and Trademark Office can give you

so you know if it is an unauthorized

disclosure there is where there can be

reprimands for the people who do steal

that trade secret but essentially if you

know you as the trade secret holder if

you fail to maintain secrecy or if the

information is independently discovered

without having without any use of you

know unethical tactics or if it becomes

released in any way

the protection as a trade secret is lost

so it's very very important that if

you're going to do something like this

you have to make sure all the necessary

precautions are in place again trade

secrets don't expire so the protection

continues until discovery or loss of the

secret so that's all I have today if you

have any questions I am actually a

registered patent agent with the US

Patent and Trademark Office so I'm happy

to answer any questions again my name is

Anna kuchela and thank you for listening