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(C) 1998, Arun Lakhotia
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Intellectual Property
Arun Lakhotia
University of Southwestern Louisiana
Po Box 44330
Lafayette, LA 70504, USA
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(C) 1998, Arun Lakhotia
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Intellectual Property Copyright Patent Trademarks Trade Secrets
Differ on: type of protection duration of protection cost of registration procedure for registration
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(C) 1998, Arun Lakhotia
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Copyright Protection given to “original
works of authorship” Literary works Musical works Visual works
Literary works includes: books poems plays brochures articles directories speeches computer programs ...
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(C) 1998, Arun Lakhotia
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Scenario 1
You like the contents of this lecture.
You go to your business and present a lecture on the same subject (based on what you hear here).
Are you violating any “property” rights? If so, whose, … which.
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(C) 1998, Arun Lakhotia
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Scenario 2
I send you instructions on “how to use CVS”
You circulate the electronic version to your company by email.
Without my consent/ approval.
Without my mail header. Are you violating any
“property” rights?
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(C) 1998, Arun Lakhotia
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Copyright
Protects the expression of ideas
It does not protect the ideas themselves.
That is “authors own the sequence of
words used to express an idea. Other authors are free to use different words in different ways to express the same idea.”
[ Stone, CACM, 1992 ]
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(C) 1998, Arun Lakhotia
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Qualification of Copyright protection Must be an original work
Must be in tangible form Just raving the idea in mind is
not sufficient
Type of protection Protected from imitators. Monetary damages,
compensation
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(C) 1998, Arun Lakhotia
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Copyright registration procedure Term of protection
Life of the author + 50 years.
Registration procedure Application form Fee $20 (?) Two copies to Registrar of Copyrights at
the Library of Congress, Washington, D.C.
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(C) 1998, Arun Lakhotia
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Patents
Protection given to inventions and designs
that are novel, non-obvious, and useful.
Three types Utility patents Design patents Plant (bio…) patents
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(C) 1998, Arun Lakhotia
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Extract from patent laws
“Congress shall have the power …. 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.”
Article 1, Section 8, Clause 8
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(C) 1998, Arun Lakhotia
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Extract from Patent Act Whoever invents or discovers
any new and useful
process,
machine,
manufacture, or
composition of matter
or any other useful improvement
thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
35 U.S.C. 101
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(C) 1998, Arun Lakhotia
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Type of patent protection A patent grants the right to
exclude others form making, using, or selling the invention claimed in the patent.
Term of protection Seventeen years for utility
patent After that the patent
belongs to the public
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(C) 1998, Arun Lakhotia
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Patent Registration Procedure Prepare a detailed application
include drawings, specifications, claims, declararions, and a list of related
inventions.
Fee $75 - $185 + more To Commissioner of
Patents and Trademarks, Washington D.C.
