Why IP?
IP is to protect innovative ideas behind products and services
- New technological ideas to solve an old problem
- You can own the idea by patenting it.
For example: Though KODAK imaging technology has no more places in digital word – they can still profit by selling their IP to Google and other big companies.
Categories of IP
Patent ; Trademark, industrial design, Copyright
Basic characteristics of IP:
Intangible assets,
Monopolistics right (exclusive rights)- make, sell or deal with the IP
Limited by jurisdiction
Limited by time – the idea can only be patented for 20 years; when the patent expires everyone can follow the IP. Different IP have different monopoly of how long it will be protected.
Patents :
protect different categories of invention:
- article of manufacture
- Combining nonmoving combination
- owning the combination of parts which is new and better than before
- Machine pattern
i.e. Air conditioning patents: patented by air carrier
-Protects combination of moving parts
iii) Process
– combining different steps together
ie tetra pack – invent a new steps which is vacuum the milk first to make it longer
- Composition of matters
A composition of matter refers to the stuff that an invention is made out of. In particular, defining a composition of matter requires identifying its molecular composition.
Patent – what should be patented
- Should be innovative
Something that solve the technical problem –patentable invention
- Novelty
- Your combination must be something new or not exposed yet; but you will lose novelty in your patent if you publish about your invention and you don’t file a patent within 1 year.
- Or to be safe you should patent the innovation before publishing it
- Obvious
The combination should be proven to be something better than the previous invention. The result should be shown to be “better than expected”
- Industrial applicability
The invention must be shown workable based on experimental results.
Example of requirement for patentability:
Year 1805 the first patent which combines eraser and pencil.
They have to prove that their invention is:
- New – no one ever done this combination yet
- Inventive – combination can give much better effect. Must show the result is better than using it individually
- Useful
The life of a patent (20 years):
Invention – Application – Pattent issue – Expiration
(1 year) (patent pending) 3-5 years patent is granted – the issuer can file law suite —–expiration of the patent means it can be used in public domain.
Examples of patented products which are simple but really useful:
https://www.google.com/patents/US5205473
gillete file 20 patents covering one idea ; they have a portfolio patent
https://www.google.com/patents/US6684513
have 80% of market dominance – have a stronger position
Patent which are popular in IT
Amazon “one click” patent
- For e-commerce purpose
Utility innovations (lesser protection)
- Non inventive but not a special idea
Trademark
- Sound, smell
- Last for 10 years
- It must be distinctive and something new…ie
Industrial design (lifetime for 25 years)
- Protect the outlook
Copyright
- Protects how you express the idea not the idea itself
- different expression of ideas; i.e equation itself you can’t copyright it’s a discovery not expression of innovation
- by right you dont have to register due to there are “many” expressions of ideas
- e every diagram and pictures from internet are someone else’s copyrighted property.
What is the purpose of IP
- Legal barrier for entry from competitors
- Offensive roles –you can sue to enforce your IP ie Samsung and Apple infringement sue. Apple wins the lawsuit and Samsung share drops 6.3% which equivalents to billions of dollars
License technology
Patents can be used for license purpose : Qualcomm and Disney characteristics
Marketing
For example tetra pack
Negotiation chips
Ring pull cans solution- even coca-cola have to negotiate for the technology pay 140,000 pounds per day on their products.
IP tax incentives
– Msc status
– pioneer status
IP funding – who can fund your IP
Cradle program
