Intellectual Property

Rights

Presented By

Dr. ANR

April 15, 2023 2

What is …

• Trademarks• Copyrights• Patents• Trade secrets

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DEFINITION

TRADEMARKS• A word, name, symbol, or de-vice used

to indicate origin, quality, and ownership of a product or service.

COPYRIGHTS• Protection granted to authors of original

works of authorship, fixed in a tangible form.

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DEFINITION Cont.…

PATENTS• Grant of right to exclude another from

making, using, selling, or importing a patented invention or discovery.

TRADE SECRETS• Any valuable business in-formation that,

if known by a competitor, would afford the competitor some benefit or advantage.

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What is protectable

• TRADEMARKS• A trademark is used in the advertising

and marketing of a product; a service mark is used in the advertising and marketing of a service.

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What is protectable COPYRIGHTS• Copyright protects original works of

authorship, including literary, dramatic, musical, artistic, choreographic, pictorial, sculptural, and other intellectual works, including motion pictures, sound recordings, computer programs, and architectural works, allowing the owner the right to prepare derivative works based on the work and to reproduce, distribute, perform, and display the work.

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What is protectable

PATENTS• Utility patents protect any new and

useful process, machine, or composition of matter, design patents protect new, original, and ornamental designs for articles of manufacture; plant patents protect distinct and new plant varieties that are asexually reproduced.

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What is protectable

TRADE SECRETS• Any information can be protected as

long as it has commercial value, it is not in the public domain, and its owner has made reasonable attempts to maintain its secrecy. Information may include customer lists, marketing plans, financial information, takeover targets, and business methods.

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HOW RIGHTS ARISE

TRADEMARKS• Rights arise from first use of the

mark; registration is not necessary.COPYRIGHTS• Copyright protection arises from

the time the work is created in fixed form; registration is not necessary

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HOW RIGHTS ARISE

PATENTS• Rights arise only upon issuance of

the patent by the U.S. Patent and Trademark Office (USPTO).

TRADE SECRETS• Rights arise as soon as the trade

secret comes into existence. No registration or other formalities are required.

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DURATION OF PROTECTION

TRADEMARKS• Marks are protected as long as they are

in use and do not become generic. For registered marks, the registrant must prove use to USPTO between years 5 and 6 and every ten years after registration. Registration lasts for 10 years and is renewable.

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DURATION OF PROTECTION

COPYRIGHTS• Works are protected during the author's

life (or last surviving author) and for 70 years there-after. If work is made for hire, copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

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DURATION OF PROTECTION

PATENTS• Patent protection exists for 20 years

from the date of filing an application for utility and plant patents and for 14 years from the date of grant of a design patent. Maintenance fees are required for utility patents at three and half, seven and half, eleven and half years after issuance date.

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DURATION OF PROTECTION

TRADE SECRETS• Trade secrets may exist perpetually as

long as they are properly protected.

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COSTS AND FORMALITIES

TRADEMARKS• If federal registration is sought,

application must be filed with USPTO; paper application filing fee is $375 per class or $325 per class if filing electronically. Application process takes from one to two years. Preapplication search should be conducted.

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COSTS AND FORMALITIES

COPYRIGHTS• If federal registration is sought,

application must be filed with U.S. Copyright Office; paper application filing fee is $45. Application process takes from three to four months. No need for preapplication search.

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COSTS AND FORMALITIES

PATENTS• Application for patent must be filed with

USPTO. Application filing fee for utility patent is $1,030 ($515 for small entities). Application process takes 2 years or more. Search should be conducted prior to application.

TRADE SECRETS• No application or registration process; however,

there may be costs involved in implementing measures to protect secrecy of trade secrets.

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INFRINGEMENT TEST

TRADEMARKS• Is there a likelihood of confusion

between the marks?

COPYRIGHTS• Have any of the exclusive rights of the

copyright owner been violated by impermissible copying or unauthorized use of the work?

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INFRINGEMENT TEST

PATENTS• Does the accused invention fall within

the claims language of the patent or is it substantially equivalent?

TRADE SECRETS• Has a trade secret been

misappropriated?

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MARKING REQUIREMENTS

TRADEMARKS• Marking is not required but is

recommended. Registered marks are displayed with ® symbol.

COPYRIGHTS• Marking is not required but is

recommended. Notice: © symbol (or similar indication), year of first publication, and owner's name.

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MARKING REQUIREMENTS

PATENTS• Marking is not required but is

recommended. Notice consists of word patent (or its abbreviation) and patent number.

TRADE SECRETS• Marking is not required but is

recommended. Documents should be marked with confidentiality legends or other notices.

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GOVERNING LAW

TRADEMARKS• 15 U.S.C. §§ 1051 et seq.COPYRIGHTS• 17 U.S.C. §§ 101 et seq.PATENTS• 35 U.S.C. §§ 100 et seq.TRADE SECRETS• Various state statutes, cases, and private

agreements.

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Deborah E. bouchoux “Intellectual Property Rights. The Law of Trade Marks, Copy Rights Patents and Trade Secrets Cengage Learning, Third Edition.

Reference

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