intellectual property for the small business owner, presented by richard gire
TRANSCRIPT
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Intellectual Property for the Small Business
OwnerMy Background – Sierra Nevada College
Origins of IP Protection - U.S. Constitution - Powers of Congress, Article 1, Section 8 – “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…”
1/3 Book Value of Fortune 500 companies is IP
Patent
Procurement – U.S. Governmental Grant
Patentable Matter Utility Patent – processes, machines,
manufacture, composition of matter Design Patent – ornamental designs Plant Patent
Term – 20 years from filing
Requirements – Usefulness, Novelty, Non-Obvious
Trademark
Procurement – Usage
Trademark Coverage – names, designs, logos, slogans, sounds, colors, fragrances, trade dress
Term – Provided usage, perpetuity
Requirements – not generic, descriptive, or confusingly similar to existing marks
Federal and State Protection
Copyright
Procurement – Original Fixation
Copyrightable Matter – books, scripts, articles, reports, computer programs, databases, websites, musical works, pictures, sculptures, motion pictures, sound recordings, architecture
Term – Life of author plus 70 years, Company owned – shorter of 95 years from first publication or 120 years from creation
Requirements – Work of authorship, Originality
Trade Secret
Procurement – Reasonable measures to maintain secrecy
Protectable Matter – Recipe, formula, method of conducting business, customer list, price list, marketing plans, etc.
Term – Potentially perpetual
Requirements – Value, not publicly known, secrecy
State-Based Statutes
Small Business Owner Recommendations
Filing
Policing
IP Valuation – Intangible Assets
IP Notices - ℠, ™, ®, Patent Pending, Patent #, ©
Websites/Domain Names
IP Lawyers
Intellectual Property Websites
Trademark and Patent – www.uspto.gov
Copyright – www.copyright.gov
State Protection – Respective Secretary of State websites