What is Intellectual Property ?

• Patents- protection of technology• Trademarks- protection of domain names and

product identity• Copyrights- protection of software and

written material• Trade Secrets- protection of internal secret

information • Know How- Contractual transfer of knowledge

from experts

What is a Patent ?

• A grant from the government for the legal right to exclude others from making, using or selling a patented invention for a limited time

Invention must be

• Novel • Nonobvious • Adequately described or enabled (for one of

ordinary skill in the art to make and use the invention)

• Claimed by the inventor in clear and definite terms

What can be Patented ?

• A process that either transforms subject matter from one form to another or produces a useful, concrete, and tangible result

• A machine• A article of manufacture • A composition of matter• Any new or useful improvement of the above

Trademark

• Word, name, symbol, device or combination of any of these which

Distinguishes goods from others Identifies quality

What is a copyright ?

• Protection of the expression of an idea, rather than the idea itself

• Protection for the work of authorship

• Protection is against copying not against independent development

Copyright Protection is for

• Literary work• Musical work• Dramatic work• Dance and Choreographic work• Motion Pictures and audiovisual work• Sound recordings• Architectural work

Bayh-Dole Act 1980

• Title to any patentable idea conceived or developed under federal sponsorship may vest in a non profit organization or small business

• The government retains a nonexclusive, nontransferable, paid-up license to the invention to practice or have practice on its behalf through the world

Bayh-Dole Requires that Universities

• Take steps to achieve practical application of the invention

• Ensure that the invention is available for public use

• Give preference to U. S. licensees• Take action to alleviate health or safety needs• Share royalties with inventors

Other Responsibilities

• Background Intellectual Property• Material Transfer Agreements• Export Control• Confidentiality Agreements• Conflicts of Interests• Industrial and Government Relations