Intellectual Property Patents, Copyrights,Trademarks and Trade Secrets.
Patents, Copyrights & Trademarks - An Entrepreneur's Perspective
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Introductory presentation on intellectual property protections. Not every successful business is built around an original idea, and not every good idea ends up with a business built around it. But when you do have an innovative idea - patents, trademarks, servicemarks and copyrights can help protect your idea and give you time to develop it into a business. But it is worth the time and cost in today's fast-paced startup scene?
Transcript of Patents, Copyrights & Trademarks - An Entrepreneur's Perspective
OUR JOURNEY
● Patent● Copyright● Trademark / Service Mark
Interupt me anytime for questions & comments
GOAL
● Differences between each● Scenarios where each is applicable● Application highlights & costs● Present different viewpoints on value● Real-life entrepreneur concerns● Focus on strategy, not process details
Anyone currently considering a registration?
THE RABBIT HOLE
● Patents, copyrights and marks are simple in concept but complex in practice
● Today is not intended to change anybody's mind or convince you of any particular mindset
● Will offer a series of perspectives and reference materials
● Can form your own conclusions based on your unique situation
● And as with anything entrepreneurship, the decision rests with you
● Can pursue state, federal, international - today’s examples focus on federal-level (most popular)
RELATIVE PROTECTIONS & COST
mdde.wikispaces.com/MDDE+622+Openness+in+Education
PATENTProtecting ideas that have been reduced
to practice
WHAT IS IT?
● “A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.”
uspto.gov/trademarks/basics/definitions.jsp
PATENT TYPES
● Utility: any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof
● Design: new, original, and ornamental design for an article of manufacture
● Plant: any distinct and new variety of plant
uspto.gov/patents/index.jsp
EXAMPLES
● Method for producing a tangible result○ genetic engineering procedure○ investment strategy
● A machine○ cigarette lighter○ photocopier
● Article of manufacture○ tire○ transistor
● Composition of matter○ A drug○ A genetically altered lifeform
● Improvement of an invention in above
FILING PROCESS
● $1500+ (DIY)● 24+ months● 1yr provisional option● Lasts 20 or 14 years
uspto.gov/patents/process/index.jsp
VIEWPOINT #1: RISK VS. REWARD
● Elon Musk (SpaceX, PayPal, Tesla)
ecorner.stanford.edu/authorMaterialInfo.html?mid=393
benzinga.com/news/13/03/3451756/is-elon-musks-spacex-protected-without-patents
VIEWPOINT #2: PATENT IT ALL
● Amazon
huffingtonpost.com/2014/05/15/colbert-amazon-patent_n_5331743.html
patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=1&f=G&l=50&d=PALL&S1=08676045&OS=PN/08676045&RS=PN/08676045
PATENT AS MARKETING TACTIC
● “Our patent pending formula...”
PATENT TROLLS
● Rockstar (wired.com/2013/11/rockstar-2) ● techradar.com/us/news/world-of-
tech/google-files-lawsuit-against-rockstar-in-move-against-microsoft-apple-1211227
PROFESSIONAL OBLIGATION
● Public company and/or 3rd-party investors?
● Legal requirement to “maximize shareholder value”
● bgr.com/2012/09/20/apple-google-patent-lawsuit-unwired-planet
TIME FOR A CHANGE
● Can the current patent system adapt to our global economies & accelerating tech?
● forbes.com/sites/timworstall/2013/06/23/the-tabarrok-curve-why-the-patent-system-is-not-fit-for-purpose
BE AWARE
● If sourcing offshore products and selling in US, watch for US patents
● If manufacturing your patented product overseas, watch for your manufacturer reselling it
● Iterate: Filing a US patent makes the idea public knowledge (globally)
WHERE TO START
● uspto.gov/patents
COPYRIGHTProtectings expressions (not ideas)
WHAT IS IT?
● “A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed.”
uspto.gov/trademarks/basics/definitions.jsp
COMMON LAW
● “In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.”
copyright.gov/help/faq/faq-general.html#register
EXAMPLES
● Software● Books● Blog posts● Songs● Architecture plans● Paintings● etc.
FILING PROCESS
● $35 (DIY)● 3+ months● Lasts author lifetime
+ 70 years
asmp.org/tutorials/online-registration-eco.html
BE AWARE
● Watch copyright when hiring consultants● If they create a design or article for you,
they own the copyright (common law)● They can sign over rights
TRADEMARK & SERVICEMARK
Protecting goodwill associated with mark
WHAT IS IT?
● “A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term ‘trademark’ is often used to refer to both trademarks and service marks.”
uspto.gov/trademarks/basics/definitions.jspuspto.gov/trademarks/basics/trade_defin.jsp
COMMON LAW
● “Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.”
uspto.gov/faq/trademarks.jsp#_Toc275426712
FILING PROCESS
● $275+ (DIY)● 10+ months● 6 month intent-to-use option(s)● Lasts 10 years
uspto.gov/trademarks/process
EXAMPLE: “ELIXIR”
● Desired use: Water Bottle Brand Name● Current use: Camelbak Product (camelbak.
com/elixir)● Current registration: none (tmsearch.uspto.
gov/bin/gate.exe?f=searchss&state=4801:71qe2l.1.1)● Trademark status: actively used, common law
trademark implied for Camelbak (uspto.gov/faq/trademarks.jsp#_Toc275426712)
● Decision: not used, would cause consumer confusion in hydration industry
WHERE TO START
● uspto.gov/trademarks
SUMMARY
● Patents focus on inventions● Copyrights focus on design works● Marks focus on identifications● Usefulness of filing is completely
dependant on your goals & requirements
GOAL CHECK
● Understand differences?● See where each is applicable?● Know costs & starting point to apply?● Have a view into strengths & weaknesses?
Anyone decide for or against registration?
MY THOUGHT PROCESS
● I start with "benefits are not worth hassle"○ Difficult & expensive offensively (locally & globally)○ Common Law provides protection defensively○ I don't plan to sue anyone (ie. patent troll)○ I believe in the golden rule (don’t invite legal issues)○ I don’t assume problems (fear-based thinking)○ Why block competition if I welcome the challenge? (it better
serves the customer)● Then decide based on exceptions
○ Am I planning to sell company? (barrier to sale)○ Need to expose inner workings to untrusted parties?○ Shady competitors? (ounce of prevention)
● Attorney opinions are inherently biased● “Friend” (inexperienced) opinions are hot air
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