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Intellectual Property Business Information Technology Dr Rosi Armstrong 27 April 2009 © Murgitroyd & Company 2005 Intellectual Property Rights PATENTS COPYRIGHT TRADE MARKS DESIGNS © Murgitroyd & Company 2005 Patents What IS Patentable inventions of a technical character What is NOT Patentable discoveries, scientific theories, mathematical methods aesthetic creations methods of performing mental acts or playing games presentation of information methods of doing business computer programs as such © Murgitroyd & Company 2005 Patents for Business Methods • pure business methods are difficult to protect in Europe, as these are often held to lack a ‘technical effect’ • for example, an Internet retailing business method will be found unpatentable if it is implemented on a conventional computer or computer network • can sometimes gain patent protection for business methods in Europe if patent application is directed towards any technical effect of the business method • pure business methods are patentable in the USA © Murgitroyd & Company 2005 Patents for Computer- Implemented Inventions • computer-implemented inventions are those that use software on a programmable device (computer, PDA, mobile phone, etc.) • in Europe a patent can be granted for a computer-implemented invention if the invention has a ‘technical effect’ • a ‘technical effect’ is an effect which gives rise to a physical change in a physical entity, which change is beyond the normal physical effects which occur when software is run on a computer • technical effects include controlling a technical process or device, improved functioning of a computer or its interfaces • examples of technical effects are enhancing a graphic display, controlling data storage between memories, faster communication between mobile phones, a computer-controlled process for operating a robot arm • computer-implemented inventions can be patentable in USA even if they do not have a technical effect © Murgitroyd & Company 2005 Patentability Requirements • Novelty - invention should not be disclosed to the public by any means, anywhere, before a patent application is filed, exception is if confidentiality has been agreed • Inventive Step – invention must be more than a mere obvious modification of existing technology • Sufficiency - description of invention in patent application must be sufficient to allow a person skilled in the field of the invention to carry out the invention © Murgitroyd & Company 2005 Patents provide … • national monopoly right • right to prevent others from using invention • patent duration is up to 20 years • patent procedure involves filing an application, novelty search, publication of patent application, examination and grant or refusal © Murgitroyd & Company 2005 Trade Marks • a trade mark is a sign which designates the origin of any goods/services, i.e. it is capable of distinguishing the goods/services of one undertaking from those of another • trade marks protect image, reputation and brand • a registered trade mark gives the proprietor exclusive rights to use the mark and take action against unauthorised use • an unregistered trade mark gives limited rights under common law • trade marks last indefinitely, renewal fees payable © Murgitroyd & Company 2005 Types of Trade Marks WORDS LOGOS COLOURS SHAPES SOUNDS SMELLS beware of descriptive or laudatory words, common surnames, certain common geographical place names, certain letters and/or numerals © Murgitroyd & Company 2005 Trade Mark Registration Procedure • choose a mark, then carry out searches to determine if the mark is free to use • apply to register the trade mark as soon as possible, but can use a mark before an application is filed • file application for trade mark for specific goods and/or services • trade mark application is examined and granted or refused © Murgitroyd & Company 2005 Copyright • protects original literary works (essays, papers, presentations), drawings, video, music and surface decoration of 3-D articles • also protects software code • protects only expression of an idea, not the idea itself • provides protection against copying only, not independent development of work • granted automatically, no registration scheme • lasts for approximately life of author + 70 years • important to mark works with copyright symbol and to keep good records of process of creation of a work © Murgitroyd & Company 2005 Design Right • protects the shape and surface decoration of the whole or part of an article • protects aesthetic and industrial articles • very important IP right in ‘design-led’ industries • shape/decoration must be new and have individual character or not be commonplace to gain protection • unregistered design right accrues automatically • registered design right must be applied for, gives better protection • can disclose design up to 1 year before filing registered design application © Murgitroyd & Company 2005 Ownership of Intellectual Property Rights • first owner of Intellectual Property Rights is generally the inventor/creator • if an inventor/creator is employed to generate inventions or new articles, then the employer will be the owner of the Intellectual Property Rights • with the exception of copyright, if a party commissions an article, they will own the Intellectual Property Rights © Murgitroyd & Company 2005 Co-Existence of Intellectual Property Rights © Murgitroyd & Company 2005 Intellectual Property Rights Strategy • to develop a strategy for identifying and acquiring IPRs, firstly all the products/services offered by a company should be considered • a decision should be reached on the importance and the likely life-span of each of these • consideration can then be given to any IPRs which should be acquired and any which can be sold or licensed • a budget can then be drawn up © Murgitroyd & Company 2005 …and finally • creating ideas creates Intellectual Property Rights • protecting Intellectual Property Rights can protect a company’s products/services and generate funding for the company • protecting Intellectual Property Rights gives a company a springboard into the marketplace © Murgitroyd & Company 2005