Intellectual Property Basics

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Information about Intellectual Property Basics

Published on February 18, 2014

Author: tomasisakowitz



Basic elements of Intellectual Property, including a bit of patent history

IP Basics Tomas Isakowitz Center for Technology Transfer University of Pennsylvania

From inventor… •Jay Sorensen invented a coffee cup sleeve •Cardboard sleeve around coffee cup •Conceived of idea in 1991 •Began working on idea and marketing •Filed for a patent in 1993

To entrepreneur •$15,000 in 1993 for product development and a production run of 100,000 units •Aggressively marketed •Filed for and defended intellectual property protection •Sold over 1 billion units to date



And This Next year, he'll make more than twice as much as all of our past presidents for all of their terms combined. And Jordan will only have to have this income for 270 more years to have a net worth equivalent to that of Bill Gates.

PATENT • • 7 Pateo: to lie open, exposed, accessible 'litterae patentes', meaning an open letter.

Guilds • Early Middle Ages, Roman craft • • • 8 organizations: stonecutters, glassmakers Mid-13th century: paris has 100 guilds 14th century: 450 farriers, knife-makers, locksmiths, chain-forgers, nail-makers

Guild Priviledges • letters patent • usually issued by the king or state and • 9 overseen by local town business authorities predecessors of the modern patent and trademark system.

A bit of History English patent, granted in 1449 by King Henry VI. • • • • • John of Utynam master glass-maker from Flanders came to England to make the windows for Eton College. a 20-year monopoly on the making of stained glass. required to teach his process to native Englishmen

Design Patens Letter

US Constitution: Article I Section 8 • • • The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; … • 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; • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Patents  The right to exclude others from  making, using, selling, offering to sell or importing the invention  for the active term of the patent  20 years from earliest filing date  The right is not automatic - you must actively assert your right by putting the infringer on notice that you own the invention and will sue them for infringement if they do not cease their activities

Criteria for Patentability: The Invetion Useful There must be a demonstrated utility, or an assertion of utility believable by one of skill in the art Novel What is disclosed must be different from what is already known Non-obvious • Others have tried and failed • Unexpected results

Patent Rights Are limited  geographically  A U.S. patent is limited to the U.S. and its territories  A U.S. patent cannot be enforced outside the U.S.  Time-wise: 20 years from earliest filing data

Patentable Subject Matter    Compositions Devices/Machines Methods  of using: e.g. new uses of known compositions  of making: e.g., New methods of making known compositions  Not patentable  Laws of nature  physical phenomena  abstract ideas (formulas)

Issued Patent versus Patent Application  Application        Filing Review Publication (within 18 months) Prosecution … Issue Patent applications do not confer the rights of an issued patent even if published

18 How to read a patent A patent has several sections Front Page Drawings Specification Claims

Utility patent # Issue date INID Codes 19 B2 = previously published


21 USPTO has its Guide for Preparation of Patent Drawings

Specification         Title of the invention Cross-reference to related applications Statement regarding federally sponsored research or development Background of the invention Brief summary of the invention Brief description of the drawings Detailed description of the invention A claim or claims

Claims Independent claim  stands alone  includes  preamble (A method of treating…)  transitional phrase (comprising, consisting of)  body (describes features defining the scope and limits) Dependent claim   includes all the features of the claim from which it depends adds at least one additional feature to the claim from which it depends


Determining “Novelty” It is not known prior to this disclosure • not published (journal, newspaper, • • patent) Not presented orally, or in video, etc. Not in common use

Patent Search Tools Novelty It is not known prior to this disclosure • not published (journal, newspaper, pate nt) • Not presented orally, or in video, etc. • Not in common use 29 Tools • • • • Patent Lens Free Patents Online Google Patents WIPO

Tech Transfers and IP • From the lab to the benefit of society • Revenue producing • IP has significant Value • Think about protection • 30

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