Technology & Product Management ASSIGNMENT 12 NPU Aug 5th, 2012

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Team: Venkata Sundeep Patchva 9559 Jinzi Xu 9267 Vineeth Kashyap Krishnavit 9660 Anel Nurkayeva -6330 Sai Ramya Yanamadala 9098

1. Name the fields that intellectual property describes. ? Intellectual property is an original work fixed in a tangible medium of expression. The term is a board, encompassing term used to describe the fields of patents, copyright, trademarks, and trade secrets. Examples of intellectual property are literary and artistic works, inventions, audio and video recordings, computer programs, and trade secrets. 2. What are the requirements for an invention to be patented? Section 101 of the U.S. Patent Act sets forth the general requirements for a utility patent: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof, may obtain a patent, subject to the conditions and requirements of this title.In other words, for an invention to be patentable it must: 1. 2. 3. 4. be statutory, be new, be useful, and be nonobvious.

Statutory Requirement: The U.S. Patent Statute states that processes, machines, articles of manufacture, and compositions of matter are patentable. This wording appears to cover every useful invention imaginable. To a large extent, this is true. Under this statute, the United States has one of the broadest standards for what is patentable in the entire world. Most inventors, including most of those in the software and computer fields, do not have to worry whether their inventions are non-statutory. However, there are certain "inventions" which are not patentable under the Patent Act. Examples relevant to the computer and Internet field can be seen from the recent rules issued by the U.S.P.T.O. in connection with software patents (dated October 2005). In these rules, the Office stated that the following items were "clearly non-statutory":

data structures or programs per se (these are considered "functional descriptive material," which impart functionality when employed as a computer component but are mere descriptive material when claims standing alone)--these items may be patentable when claimed in a different form to include computer-readable medium; Nonfunctional descriptive material, such as music, literary works, and compilations or mere arrangement of data; Electromagnetic signals, which are considered forms of energy and as such are non-statutory natural phenomena (which is why computer programs are patentable when embodied in something physical, such as a computer-readable medium, but computer programs are not patentable when embodied in a computer-readable signal stream).

These items are considered indistinguishable from abstract ideas and laws of nature, and therefore are unpatentable. Novelty (Newness) Requirement: In order for an invention to be patentable, it must be new as defined in the patent law. This novelty requirement states that an invention cannot be patented if certain public disclosures of the invention have been made. The statute which explains when a public disclosure has been made (35 U.S.C. Section 102) is complicated and often requires a detailed analysis of the facts and the law. The most important rule, however, is that an invention will not normally be patentable if:

the invention was known to the public before it was "invented" by the individual seeking patent protection; the invention was described in a publication more than one year prior to the filing date; or the invention was used publicly, or offered for sale to the public more than one year prior to the filing date.

One of the most important lessons to learn from this requirement is that there is a one year period after the first public disclosure or offer for sale of an invention during which a patent application must be filed. This "statutory bar" is unforgiving, which means that an inventor who does not file for patent protection on her new invention within this one year grace period will lose all right to obtain patent protection on the invention. In fact, it may be that by simply explaining your invention to friends and co-workers without any obligation of confidentiality, you may have started the "ticking" of this one-year clock. Although the United States grants the one year grace period described in the last two rules above, most other countries do not grant such a period. Therefore, it is almost always preferable to file a patent application before any public disclosure of the invention. Most patent attorneys will try diligently to file a patent application prior to any public release or announcement in order to allow international patent filings. Useful Requirement: The patent law specifies that the subject matter must be "useful." The term "useful" in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness; that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent. In most cases, the usefulness requirement is easily met in computer and electronic technologies.

Non obviousness Requirement: If an invention is not exactly the same as prior products or processes (which are referred to as the "prior art"), then it is considered novel. However, in order for an invention to be patentable, it must not only be novel, but it must also be a non obvious improvement over the prior art. This determination is made by deciding whether the invention sought to be patented would have been obvious "to one of ordinary skill in the art." In other words, the invention is compared to the prior art and a determination is made whether the differences in the new invention would have been obvious to a person having ordinary skill in the type of technology used in the invention. As can be imagined, the determination of whether a particular change or improvement is "obvious" is one of the most difficult determinations in patent law. In order to make such a determination, an examiner in the patent office will normally review previous patents to find those patents which are closest to the invention in which a patent is sought. If all the features of the invention can be found in a single patent, the examiner will reject the patent as lacking novelty (that is, it is exactly the same as what was previously known and therefore is not new). If no patent contains all of the features, the examiner will attempt to combine two or more prior patents, and attempt to find all of the features in a combination of those prior patents. If the examiner is successful in finding such a combination, the examiner will generally reject the invention as an obvious combination of items known in the prior art. However, there must be some reason to combine the two references, and often a rejection based on such a combination can be overcome. Some changes to known products which would not normally be patentable are:

the substitution of one material for another, or changes in size.

Reference: http://www.bitlaw.com/patent/requirements.html

3. Describe what happens to an invention when the protection period covered by a patent expires? When the 20-year period expires, the invention loses its protection and becomes part of the public domain- that is, becomes owned by the public. At that time, the invention may be made, used, or sold by anyone.

4. What my a court do when a patent infringement occurs? Federal courts have the power to enjoin anyone from infringing on anothers patent. Enjoin means to require a person to perform or to abstain from some act, and it is usually done by the courts issuance of an injunction, which is an order to do or refrain from doing a particular act. 5. Explain the procedure to copyright a work? To register a copyright, it is necessary to fill out a government form and send it with the proper fee and two copies of the work to the U.S. copyright office in Washington, D.C. Although formerly required, t is now optional to put word copyright followed by the date and the name of the owner on the work. Copyrighted work may not be reproduced without permission of the owner of the copyright. The unauthorized use of copyright material is known as copyright infringement. 6. When is the copying of a copyrighted work not an infringement? Copying of a copyrighted work is not an infringement when it is done in a fair way. Under the fair- use doctrine, however the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not a copyright infringement.

7.

In what three ways may a trade mark be obtained? The most common type of trademark however, is one obtained by registering with the U.S. Patent and Trademark Office. A Federal trademark provides protection for 10 years and may be renewed for additional 10-years of periods. The most effective trademark protection is obtained by filing a trademark registration application in the Patent and Trademark Office, www.uspto.gov. Federal law also protects unregistered trademarks, but such protection is limited to the geographic area in which the mark is actually being used. For federally registered marks, the use of notice of federal registration is optional. A federal registrant may give notice that his or her trademark is registered by displaying with the trademark the words "Registered in U.S. Patent and Trademark Office" or the symbol . State trademark protection under common law is obtained simply by adopting a trademark and using it in connection with goods or services. This protection is limited to the geographic area in which the trademark is actually being used. State statutory protection is obtained by filing an application with the state trademark office. Those

relying on state trademark law for protection cannot use the federal trademark registration symbol, but they can use the symbol tm (or, for a service mark, sm). (http://library.findlaw.com/1999/Jan/1/241479.html) 8. How may a trademark be reserved? A federal trademark provides protection for 10 years and may be renewed for additional 10-year periods. Under the federal law an application to register a trademark may be filed six months before the mark is used in commerce. The mark then becomes reserved and cannot be used by anyone else for six months. An additional six months reservation period is allowed and other extensions may be obtained by showing a good cause. 9. When does a Trademark registration become effective? The trademark registration becomes effective when mark is actually used in the ordinary course of trade. Although not required by law, notice that a trademark is registered with government may be given by using the symbol or by using the phrase.

10. For how long may the federal trademark protection period be renewed? A federal trademark provides protection for 10 years and may be renewed for additional 10-year periods. 11. How may Trademark protection be lost? Trade mark protection may be lost by nonuse or by the mark becoming a generic term used by a large segment of the public for a long period of time. 12. Give three examples of trade secrets Food Formula: Probably the most well-known trade secrets: Coca-Cola. The Coca-Cola formula is The Coca-Cola Company's secret recipe for Coca-Cola. As a publicity, marketing, and intellectual property protection strategy started by Robert W. Woodruff, the company presents the formula as a closely held trade secret known only to a few employees, mostly executives. Prototypes: Apples new iPhone or iPad unreleased testing prototypes are considered to be trade secret too. Customer lists: A salesman worked for an insurance company selling credit life insurance to automobile dealers. When he switched jobs to work for a competing insurance company he took his customer list and contacted the customers at his new job. A court ruled that the customer list was not a trade secret because the names of the automobile dealers were easily ascertain-able by other means and because the salesman had contributed to the creation of the list.

13. How do businesses often protect their trade secrets? There are few suggestions for companies use to protect their trade secrets locking doors sometimes need double or triple gated doors with security check ups using passwords should be change every 2 to 3 months, and only authorized people can know placing appropriate confidentiality blocks on documents clean desk policies employee badge policies employment agreements confidentiality or non-disclosure agreements with third parties

References: http://www.shewchukip.com/trade%20secret%20examples.htm http://en.wikipedia.org/wiki/Coca-Cola_formula http://www.ndasforfree.com/examplesofinformation.html

Millin, an inventor, obtained __a Patent____on two products she had invented, giving her the exclusive right to make, use, and sell them for 20 years, Since she had obtained one of them more than 20years, it was now in the _Public domain_. The other type of ___intellectual property______(Orginal work fixed in tangible medium of expression) was much newer and was copied by a competitor, causing Millin to bring a(n) __ Patent infringement/copyright infringement___suit for the unauthorized making of the product. Millin won the case, and the court____Enjoin____________the competitor by issuing a(n)___injunction________ ordering it to refrain from making Millins product. When Millin began to sell the product, she obtaineda(n)_____Trademark______for it to identify it and to distinguish it from products made by other. She did not obtain a(n)_____Servicemark___ , because the product was a good rather than a service. To prevent the product from becoming a(n) ___Generic term__________, Millin used the word brand in all product advertisements. For further protection, Millin required all of her employees to sign ____Trade secret____________, also called ____ non-disclosure agreement _________, agreeing to refrain from disclosing __ proprietary information _____ to others. The product turned out to be so successful that she wrote a book her success. A(n) _Copyright____gave her the exclusive right to publish the book except for a limited amount of copying that could be done by others under a rule known as the ____Fair use doctrine_____.