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Ethics, Patents, and Ethics, Patents, and Reverse EngineeringReverse Engineering

Fr. Cl. IIFr. Cl. II

20032003

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PurposePurpose

Relate Ethics, Patents, and Reverse Relate Ethics, Patents, and Reverse EngineeringEngineering

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EthicsEthics

Moral principals or values used to Moral principals or values used to determine right and wrong determine right and wrong – Action-based...Action-based...

– Result-based...Result-based...

Driving above the speed limit is wrong

Crashing your parents car is wrong

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In Class Assignment 1In Class Assignment 1

Action and Result Based RulesAction and Result Based Rules– Form groups by discipline (ME, EE, ChE, Form groups by discipline (ME, EE, ChE,

CEE, undecided)CEE, undecided)– In the appropriate Code, identify one In the appropriate Code, identify one

action and one result based ruleaction and one result based rule– For each, explain why it is action or result For each, explain why it is action or result

basedbased– Turn in one copy for each groupTurn in one copy for each group

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There are very different codesThere are very different codes

Environmental EthicsEnvironmental Ethics– UtilitarianUtilitarian

Environment is for humans Environment is for humans Unethical environmental actions create Unethical environmental actions create

environment unsuitable for humansenvironment unsuitable for humans

– Deep EcologyDeep Ecology All living beings have right to “natural” All living beings have right to “natural”

existenceexistence

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PatentsPatents

Grants monopoly for a limited period of Grants monopoly for a limited period of time on manufacture, use and sale of time on manufacture, use and sale of inventioninvention

– Exclusive rights last between 14 and 20 Exclusive rights last between 14 and 20

years, depending on invention typeyears, depending on invention type

Patent information largely adapted from the Nolo.com - Law for all web site in 2000: www.nolo.com/index.html

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Copyrights and TrademarksCopyrights and Trademarks

CopyrightsCopyrights– protection given to authors of original protection given to authors of original

literary works, and motion pictures from literary works, and motion pictures from unauthorized copying or performanceunauthorized copying or performance

TrademarksTrademarks– word, name, or graphic symbol, such as word, name, or graphic symbol, such as

the shape of a container or product, the shape of a container or product, identifying the sources, product, producer, identifying the sources, product, producer, or distributor of goods or servicesor distributor of goods or services

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Patent TypesPatent Types

UtilityUtility DesignDesign PlantPlant

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Utility PatentsUtility Patents Process or method producing useful, Process or method producing useful,

concrete & tangible result ...concrete & tangible result ...

Machine ...Machine ...

Article of manufacture...Article of manufacture...

Composition of matter...Composition of matter...

Improvement of invention fitting in above Improvement of invention fitting in above categoriescategories

genetic engineering procedure, investment strategy, computer software or a process for conducting e-commerce on Internet

cigarette lighter, sewage treatment system, laser or photocopier

eraser, tire, transistor or hand tool

chemical composition, drug, soap or genetically altered lifeform

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More on Utility PatentsMore on Utility Patents

The subject of a utility patent mustThe subject of a utility patent must– Have some utility, no matter how trivialHave some utility, no matter how trivial

– Be novel...Be novel...

– Be nonobvious...Be nonobvious...

different from all previous inventions in some important way

surprising and significant development to somebody who understands technical field

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Design PatentsDesign Patents

A design that is A design that is – novel novel – nonobviousnonobvious– nonfunctional...nonfunctional...

new shape for a car fender, bottle or flashlight that doesn't

improve its functionality

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Plant PatentPlant Patent

A patent issued for new strains of A patent issued for new strains of asexually reproducing plantsasexually reproducing plants

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What is a What is a NovelNovel Invention? Invention? Different from all previous inventions Different from all previous inventions

in one or more of its constituent in one or more of its constituent elementselements– physically different in some way from physically different in some way from

all previous inventionsall previous inventions– Patent office looks at all “prior art” Patent office looks at all “prior art”

existing as of patent application date existing as of patent application date prior artprior art - any device, method, or other - any device, method, or other

patentable subject matter in existence, used, or patentable subject matter in existence, used, or patented by another, or described in a publication patented by another, or described in a publication anywhere in the world more than one year prior to anywhere in the world more than one year prior to the filling date of the inventor's U.S. patent the filling date of the inventor's U.S. patent applicationapplication

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The USPTO on NoveltyThe USPTO on Novelty Invention cannot be patented ifInvention cannot be patented if

– It was known or used by others in this It was known or used by others in this country, or patented or described in a printed country, or patented or described in a printed publication in this or a foreign country, before publication in this or a foreign country, before the invention thereof by the applicant for the invention thereof by the applicant for patentpatent

– It was patented or described in a printed It was patented or described in a printed publication in this or a foreign country or in publication in this or a foreign country or in public use or on sale in this country more public use or on sale in this country more than one year prior to the application for than one year prior to the application for patent in the United States . . . patent in the United States . . .

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What is a What is a NonobviousNonobvious Invention?Invention?

Someone skilled in particular field of Someone skilled in particular field of invention would view it as unexpected or invention would view it as unexpected or surprising development surprising development

– subjective exercise--what one patent examiner subjective exercise--what one patent examiner considers surprising, another may notconsiders surprising, another may not

– examiner usually asked to make determination examiner usually asked to make determination well after date of invention, because of delays well after date of invention, because of delays inherent in the patent process inherent in the patent process

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Novel and NonobviousNovel and Nonobvious

Patent may be refused if differences Patent may be refused if differences with existing patents are obviouswith existing patents are obvious– sufficiently different that it is nonobvious sufficiently different that it is nonobvious

to a person having ordinary skill in the to a person having ordinary skill in the area of technology related to the invention area of technology related to the invention

For example, substitution of one For example, substitution of one material for another, or changes in material for another, or changes in size, are ordinarily not patentablesize, are ordinarily not patentable

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What is a What is a UsefulUseful Invention? Invention? Must have some type of usefulness, even Must have some type of usefulness, even

if only humorousif only humorous invention must work--at least in theory invention must work--at least in theory

– new approach to manufacturing a polymer new approach to manufacturing a polymer may qualify if theoretical basis is sound --even may qualify if theoretical basis is sound --even if it hasn't yet been shown to work in practiceif it hasn't yet been shown to work in practice

– new drug with no theoretical basis and which new drug with no theoretical basis and which hasn't been tested will not qualify for a patent hasn't been tested will not qualify for a patent

Only Utility Patents must demonstrate Only Utility Patents must demonstrate UsefulnessUsefulness

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Potential Patentable ThingsPotential Patentable Things Biological inventions; business methods; carpet designs;

new chemical formulas, processes or procedures; clothing accessories and designs; computer hardware and peripherals; computer software; containers; cosmetics; decorative hardware; e-commerce techniques; electrical inventions; electronic circuits; fabrics and fabric designs; food inventions; furniture design; games (board, box and instructions); housewares; Internet innovations; jewelry; laser light shows; machines; magic tricks or techniques; mechanical inventions; medical accessories and devices; medicines; musical instruments; odors; plants; recreational gear; sporting goods...sporting goods...

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What isn’t patentable?What isn’t patentable? Mathematical formulas, laws of nature, purely Mathematical formulas, laws of nature, purely

theoretical phenomenatheoretical phenomena Newly discovered substances that occur naturallyNewly discovered substances that occur naturally Processes done entirely by human motor coordinationProcesses done entirely by human motor coordination

– choreographed dance routines or a method for meditationchoreographed dance routines or a method for meditation Most protocols/methods used to perform human Most protocols/methods used to perform human

surgerysurgery Printed matter w/ no unique physical shape or structurePrinted matter w/ no unique physical shape or structure Unsafe new drugsUnsafe new drugs Inventions useful only for illegal purposesInventions useful only for illegal purposes Non-operable inventions (i.e., perpetual motion Non-operable inventions (i.e., perpetual motion

machines)machines)– violate certain bedrock scientific principlesviolate certain bedrock scientific principles

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In Class Assignment 2In Class Assignment 2

Form groups by water filterForm groups by water filter– Identify 3 things for which you could Identify 3 things for which you could

obtain design patentsobtain design patents– Turn in at end of classTurn in at end of class

Can you invent something related to a Can you invent something related to a water filter worthy of a utility patent?water filter worthy of a utility patent?

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Reverse EngineeringReverse Engineering

Systematic approach for analyzing Systematic approach for analyzing existing devices or systems to study existing devices or systems to study design process OR as an initial step of design process OR as an initial step of redesign: redesign: – Observe and make guesses about Observe and make guesses about

mechanisms that make device work mechanisms that make device work – Dissect and study inner workings of a Dissect and study inner workings of a

mechanical device mechanical device – Compare actual device to guesses and Compare actual device to guesses and

suggest improvements suggest improvements - Irem Y. Tumer, NASA Ames

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ConclusionConclusion

How are ethics and patents related to How are ethics and patents related to reverse engineering?reverse engineering?