Data GovernancePatents, Security and Privacy

Duke University, November 9, 2015

Ryan Vinelli

Agenda

» Patents

‒ Basics

‒ Software patents

‒ Example

» Security

» Privacy by Design

Data Governance

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What are patents?

» Patents in the United States are administered by the United States Patent and Trademark Office (USPTO)

» Patent prosecution: getting a patent‒ Patent agents vs patent attorneys

» Other intellectual property rights‒ Copyright

‒ Trademark

‒ Trade secret

The basics

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What are patents (cont’d)?

» A legal protection which gives an inventor the right to stop others from performing certain activity (a right to exclude)‒ “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors

and Inventors the exclusive Right to their respective Writings and Discoveries.”• U.S. Constitution. Article One, section 8, clause 8 (“Copyright Clause”)

» Quid Pro-Quo: A monopoly for a set number of years in exchange for disclosure to the public of the invention

» Note: A patent does not give the owner or the inventor a right to make, use or sell the patented invention

The basics

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Types of patents

» Utility Patent‒ New and useful process (aka method), machine, manufacture, or composition of matter, or a

new and useful improvement

‒ 20 year life, annual fees

‒ Most common also referred to as "patents for invention".

» Design Patent‒ New, original, and ornamental design embodied in or applied to an article of manufacture

‒ 14 years, no fees

» Plant Patent‒ New and distinct, invented or discovered asexually reproduced plant including cultivated

sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state

‒ 20 years, no fees

The basics

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Requirements for an invention:

» Novel: not previously known or used by others

» Useful: A known use or produce a concrete and tangible result

» Non-obvious: Is it obvious to someone in the field or via a combo of existing patents

» Not patentable:‒ Ideas

‒ Laws of Nature

‒ Scientific Principles

Notable parts of a patent:

» Background & how to make

» Claims

» Drawings

FourUSPTO Utility Application

ThreeInternational Application (optional)

TwoProvisional application with USPTO

OneInitial assessment to determine if patentable & marketable

The basicsHow to make the sausage

USPTO application process

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Software and business patents

Software and business process patents are incredibly controversial and their patentability are in constant flux

» Subject matter & disclosure ‒ Are they inventive?

‒ Was the invention sufficiently described?

» Machine or transformation test‒ A process is patentable if:

• is implemented by a particular machine in a non-conventional and non-trivial manner or

• transforms an article from one state to another

‒ Not the only test out there that courts will use

‒ Still cannot simply add a computer to a generic idea to make something patentable

Software development

Mark Nowotarski, Wikipedia

James Bessen, The Atlantic

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Enabling a user to verify a price change for an on-demand service 

“A method for enabling a user to verify a price change for an on-demand service is provided. One or more processors can determine a real-time price for providing the on-demand service to the user. The one or more processors can determine when the real-time price is equal to or exceeds a threshold price. In response to a request from the user for the on-demand service when the real-time price is equal to or exceeds the threshold price, an intermediate interface can be provided that the user is to correctly respond to before a service request can be transmitted to a service system.”

Google patent link

Example

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Practical Tips

» Know your employment agreement/contract/etc.

» Know when you invent and who is paying for that time

» Careful what public code you use or libraries you rely on

» Don’t sit on your idea (so many clocks)

» Do your research‒ Google Patents is your friend, USPTO search if you need

Software & business patents

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Issues pop-up everywhere

» All companies face constant issues with network and IT security

» IoT and healthcare tech still maturing

Security

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Principles

Privacy by Design is an engineering framework for organizations to utilize when creating products & services involving the collection/use of personal data.

» Proactive not Reactive; Preventative not Remedial

» Privacy as the Default Setting

» Privacy Embedded into Design

» Full Functionality – Positive-Sum, not Zero-Sum

» End-to-End Security – Full Lifecycle Protection

» Visibility and Transparency – Keep it Open

» Respect for User Privacy – Keep it User-Centric

Privacy by design

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Thanks!

Questions?