DCU-IP focus
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Transcript DCU-IP focus
What is Intellectual Property?
Intellectual Property Experts
Christina Gates
Partner
Ph.D. EPA CPA RPA RTMA
What is Intellectual Property?
Protection for creations of the intellect
Patent - technical, functional innovations &
inventions
Trademark - Symbols names, brands used in
commerce, goodwill of traders
Designs -product aesthetic or appearance
Copyright - right to stop others copying
literary and artistic works
Why protect IP?
Competitive advantage
Prevent counterfeiting/copying
Property rights which can be assigned
or licensed
An asset on balance sheet
Tax incentive (patents)
But – disclosure in return for monopoly
Patents
Property that gives a temporary monopoly for
a particular technology
It is an exclusive right that allows you to
prevent others from using your invention
Novel: invention does not form part of state of
the art
Inventive Step: invention is not obvious in
view of prior art
Patents
Term is 20 years from the date of filing, or 10
years for short-term patents
Territorial - Irish patent only gives you
exclusive rights in Ireland
Convention priority system
Must file initial application before disclosing
invention to the public
Some Patentable Inventions
Machines and mechanical devices;
Electronic and telecommunications equipment;
Computer hardware and systems; computerimplemented methods;
Pharmaceuticals and agrochemicals;
Biotech products and methods;
Manufacturing processes;
Methods for treating materials;
Improvements in any of the above.
Trademarks
Operate as a guarantee of source and
of quality
A trademark should not directly describe
the goods or services for which it is
used
Trademarks
Invented word which has no meaning in any
language is ideal e.g. KODAK, PANADOL
Fanciful version of a word or words may
contain an allusion to the goods or services,
e.g. WEETABIX, TAYTO, EIRCOM
Dictionary word, applied out of context, e.g.
APPLE
“ Covertly” descriptive words e.g. Night
Nurse, Airbus, Baby Dry.
Trademarks
Register for particular goods and services for
which mark will be used
Exclusive right to use the registered
trademark for those goods and services
Territorial – national, regional, international
Can be renewed indefinitely
Design registration
Appearance of the whole or a part of a
product
Resulting from the features of, in particular,
the lines, contours, colours, shape, texture
and/ or materials of the product itself and /or
its ornamentation
Any industrial or handicraft item
Design registration
Novel: no identical design made available to
the public before filing date
Individual character: overall impression on
informed user is different to overall
impression created by any design made
available to the public before filing date
Exclusive right to use the design
Term is 25 years from filing
Copyright
Protects original literary and artistic works
Does not protect, ideas, concepts, styles,
techniques etc.
Not a monopoly – right holder must be able to
prove copying in order for infringement to be
proven
If a later work is independently created, no
infringement, even if identical
No registration required
70 years from death of author
Co-operation between Design,
Trademark and Patent protection
For example, Lenor® fabric softener
Design
Trademark
1:
2:
“Lenor”
Patent
Possible
protection for
composition
of fabric
softener
Pitfalls
Disclosing the invention before filing
Not using an NDA/Confidentiality Agreement
Not agreeing IP ownership when cooperating
Re-inventing the wheel
Creating IP that is already protected by
another
Questions?
Intellectual Property Experts
Christina Gates
European Patent and Trade Mark Attorney
[email protected]
www.tomkins.com