Protecting Your IdeaProtecting Your Idea

Stephen R. Cook, Esq.Stephen R. Cook, Esq.

Assistant Clinical Professor of LawAssistant Clinical Professor of Law

University of Akron School of LawUniversity of Akron School of Law

scook@uakron.edu

330-972-2358330-972-2358

Intellectual PropertyIntellectual Property

““Anything that begins as an Anything that begins as an IDEAIDEA in in the human the human MINDMIND and is and is DEVELOPEDDEVELOPED into an into an ORIGINALORIGINAL creation that is creation that is EXPRESSEDEXPRESSED in in TANGIBLE FORMTANGIBLE FORM””

U.S. ConstitutionU.S. Constitution

The Congress shall have Power The Congress shall have Power

““To promote the Progress of Science To promote the Progress of Science and useful Arts, by securing for limited and useful Arts, by securing for limited Times to Authors and Inventors the Times to Authors and Inventors the exclusive Right to their respective exclusive Right to their respective Writings and Discoveries”Writings and Discoveries”

Article I, Section 8, Part 8Article I, Section 8, Part 8

17891789

Intellectual PropertyIntellectual Property

CopyrightCopyright TrademarkTrademark Service MarkService Mark Trade NameTrade Name Fictitious NameFictitious Name PatentPatent

Non-Disclosure Agreement Non-Disclosure Agreement (NDA)(NDA)

Aka “Confidentiality Agreement”Aka “Confidentiality Agreement” Contract between discloser and Contract between discloser and

recipient.recipient. Limited protection for non-patented Limited protection for non-patented

idea.idea. May be limited in time and scope.May be limited in time and scope. Common business practice.Common business practice. ““Don’t leave home without one.”Don’t leave home without one.”

CopyrightCopyright Automatic protection when an Automatic protection when an

original “work of authorship” original “work of authorship” is put into tangible form.is put into tangible form.

Federal Copyright Office:Federal Copyright Office:

www.copyright.govwww.copyright.gov

TrademarkTrademark A word, phrase, design or A word, phrase, design or

symbol that identifies and symbol that identifies and distinguishes a product from distinguishes a product from other products.other products.

United States Patent and United States Patent and Trademark Office:Trademark Office:

www.uspto.govwww.uspto.gov

Service MarkService Mark A word, phrase, design or A word, phrase, design or

symbol that identifies and symbol that identifies and distinguishes one service distinguishes one service from other services.from other services.

Trade NameTrade Name Formal name of business Formal name of business

entity, usually registered at entity, usually registered at time of entity formation.time of entity formation.

Fictitious NameFictitious Name Name under which a person Name under which a person

or entity does business, other or entity does business, other than their trade name. Must than their trade name. Must be registered in Ohio.be registered in Ohio.

PatentPatent Right granted by government that allows Right granted by government that allows

holder to exclude others from making, holder to exclude others from making, using or selling the patented invention. using or selling the patented invention. Three types:Three types:

UtilityUtility – for invention/discovery of new – for invention/discovery of new process, machine, composition of matter or process, machine, composition of matter or any new and useful improvement thereofany new and useful improvement thereof

DesignDesign – new, original, and ornamental – new, original, and ornamental design for article of manufacturedesign for article of manufacture

PlantPlant – distinct and new variety of plant – distinct and new variety of plant

Patent (cont)Patent (cont)

www.uspto.gov Provisional application – “Pat. Pending”Provisional application – “Pat. Pending” Full patent time-consuming and Full patent time-consuming and

expensiveexpensive Not self-enforcing, you still must sueNot self-enforcing, you still must sue Beware of invention promotion scamsBeware of invention promotion scams

See See www.ftc.gov for scam warnings for scam warnings