1	Intellectual Property Dr. Kathleen M. Kaplan Department of Systems & Computer Science, Howard University
2	Topics in IP Discussion Little bit about yours truly What is IP & three parts of IP - Copyrights, Trademarks, & Patents Other IP - Trade Secrets Protecting IP rights Becoming a patent agent or attorney
3	Why Dr. Kaplan? Registered Patent Agent Passed the United States Patent & Trademark Office (USPTO) Patent Bar Examination
4	Also� I am happily married to a Patent Lawyer!
5	What is �Intellectual� Property? Not tangible property Ideas, concepts, etc.
6	IP Example A portrait is hanging in a museum
7	IP Example Continued I take a photo of the portrait
8	IP - 3 (Traditional) Legal Areas
9	IP Rules The rules for patents, trademarks, and copyrights can be found in the Code of Federal Regulations (CFR) Title 37.
10	Right to Own Patents & Copyrights Guaranteed by the U.S. Constitution.
11	Right to Own Trademarks Not guaranteed in the U.S. Constitution
12	Rights of IP Owners An owner of IP has the right to prosecute anyone infringing on his or her property. It is a civil action.
13	What is infringement? Infringement is the invasion of the rights secured by patents, copyrights, and trademarks.
14	Three Areas of IP - Copyrights
15	Copyrights � Copyright may be the most common form of intellectual property. Copyrights are administered by the Copyright Office, a department of the Library of Congress.
16	Copyright A copyright is a right of literary property as recognized and sanctioned by positive law.
17	Copyright Protection Extends to... Original expression of an idea Not the idea itself
18	Copyright Protection Example Idea:� Two people each from a different feuding family fall in love
19	Copyright An intangible, incorporeal right granted by statue to the author or originator of certain literary or artistic productions, whereby he is invested, for a specified period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.
20	Copyright Infringement Copyright infringement is the unauthorized use of copyrighted material. Note:� There is a "fair use" exemption.
21	Three Areas of IP - Trademarks
22	Trademarks Trademarks are handled by the U.S. Patent and Trademark Office (USPTO). The manual used by the USPTO is the Trademark Manual of Examining Procedure.
23	Trademark Examples Do you recognize any of these?
24	Trademarks A trademark is a word, letter, symbol, or device adopted by one manufacturer or merchant and used to identify and distinguish his or her product from those of others.
25	Trademarks It is a proprietary word, letter, symbol, or device pointing distinctly to the product of one producer.
26	Trademark Protection Extends to... Any appropriated and used device for indicating origin of goods and services
27	Trademark Protection Example What can color is associated with:
28	Trademark Infringement Trademark infringement is the unauthorized use, or colorable imitation of the mark already appropriated by another, on goods of a similar class.
29	Three Areas of IP - Patents
30	USPTO Quote �Everything that can be invented already has been.�
31	What is a Patent? A patent is a grant of some privilege, property, or authority, made by the government or sovereign of a country to one or more individuals.
32	Patent Law The patent law is Title 35 of the U.S. Code.
33	What Patent Rights? A grant or right to exclude others from making, using or selling one's invention and includes right to license others to make, use or sell it.
34	Patent Protection Extends to... Any useful, non-obvious, novel, application of an idea.
35	Patent Inventor & Assignee The inventor is the creator
36	Patent Infringement Patent infringement is the unauthorized making, using, or selling for practical use, or for profit, of an invention covered by a valid claim of a patent during the life of the patent.
37	Administration of Intellectual Property USPTO:� patents and trademarks. Copyright Office (a department of the Library of Congress):� copyrights.
38	Protecting IP Rights How can the rights to IP be lost? What type of representation is needed?
39	Copyrights - Length of Term Personal:� life of author + 50 years Corporate:� 75 years from first publication, or 100 years from creation, whichever expires first
40	Patents - Length of Term Assignee has 20 years from application date
41	Trademarks - Length of Term As long as is renewed
42	Trademarks Can Lose Distinctive Meaning A trademark is used to identity and distinguish a product from others. Yet, when the trademark becomes part of the vernacular, it loses its status and becomes a description of the product.
43	Trademarks Can Lose Distinctive Meaning This is something that companies do not want to happen!
44	Trademark Example - Aspirin Bayer Co. put a trademark on "aspirin," yet lost in Bayer Co. v. United Drug Co. (1921). The term "aspirin" was found to have lost its distinctive meaning.
45	Trademark Example - Xerox� If I told you to "xerox" something, would you know what I want you to do?
46	Trademark Ex. - Band-Aid� Band-Aid� keeps its trademark by enforcing it.� Every commercial that uses the term Band-Aid� must state "Band-Aid Brand" which keeps its trademark active.
47	Other IP Information Other information included in intellectual property is Trade Secrets.
48	Trade Secrets A trade secret may consist of any formula, pattern, device of compilation of information which is used in one's business, and which gives person an opportunity to obtain an advantage over competitors who do not know or use it;
49	Trade Secrets Or, it may be a formula or a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.
50	Trade Secrets A trade secret is a plan or process, tool, mechanism, or compound known only to its owner and those of his employees to whom it is necessary to confide it.
51	Trade Secrets A secret formula or process not patented, but known only to certain individuals using it in compounding some article of trade having a commercial value.
52	Problems!� Time to Enforce Rights...
53	Litigation One must be a lawyer to litigate in court.
54	Before Court� USPTO! One must be a patent agent or patent attorney (or the patent owner) to represent patents in the USPTO.
55	Trademark & Copyright Litigation Any lawyer may litigate copyright and trademark infringement cases.
56	Patent Litigation A patent lawyer (or the assignee) must represent a patent owner in court.
57	Patent Agent A person who has either: Passed the USPTO patent bar, or, Has worked as a patent examiner in the USPTO for at least four years, And has fulfilled the necessary requirements set forth by the USPTO.
58	Patent Agent - Only You! Only people with technical bachelor's degrees or equivalent are eligible to take the patent bar or to be a patent examiner.
59	Patent Attorney A patent attorney has passed a state bar and has either passed the patent bar or has worked in the USPTO and has fulfilled the necessary requirements, as stated above.
60	Patent Attorney - Not Any Attorney! Note that a lawyer who is not a patent attorney may not prosecute patent or litigate patent cases.
61	Law School Admissions George Mason Law School (1st Tier): Accepts 15% of 4,384 applicants UGPA:� 3.35, LSAT: 160 Harvard Law School (1st Tier): Accepts 8% of 6,800 applicants Howard Law School (4th Tier): Accepts 10% of 1,500 applicants UGPA: 3.0-3.2, LSAT: 152
62	How Can I Be A Patent Agent? Get a technical bachelor�s from an accredited program. Apply through the USPTO to take the patent bar. (https://www.uspto.gov) Study and pass it!
63	Is there another way to become a Patent Agent? Get a technical bachelor�s from an accredited program. Apply and work at the USPTO as a patent examiner for four years. (Please check current information as to rules & regulations!)
64	How do I become a Patent Attorney? Get a technical bachelor�s from an accredited program.� Get a very high GPA.
65	Good Luck & Protect Your IP Rights!
66	References This material was taken from many sources including: Black�s Law Dictionary Intellectual Property:� Patents, Trademarks, and Copyrights https://www.uspto.gov https://www.lcweb.loc.gov/copyright/