1. The Basics of Intellectual
Property Law
By
Priyanka Shingade(35)
Kunal Mantri(21)
Amol Mandale
Nilesh Sahane
Sagar Surwade

2. If you don’t see a problem with this
question, you need this class!

3. Types of Intellectual Property
Patents
Trademarks
Copyrights
Unfair Competition
Trade Secrets

4. How to Acquire Rights
Patents
by Application, Examination and Grant
Trademarks & Service Marks
by Use in Interstate Commerce, then
registration
Copyright
by writing something --
perfected by declaration and registration

5. What Is A Patent?
Grant by the U.S. Government to provide
individuals legal protection for their discoveries
(inventions)
Finds basis in Article 1, Section 8, U.S.
Constitution
Congress is empowered 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.”
Covered by Federal Law (Title 35 USC)
Gives the patent owner the right to prevent
others from making, using or selling the
claimed invention within the United States or
Country of Issue.

6. Types of Patents
Utility
Plant
Design

7. Utility Patent
Whoever invents or discovers any new
and useful process, machine,
manufacture, or composition of matter,
or any new and useful improvement
thereof, may obtain a patent therefor,
subject to the conditions and
requirements of this title. (35 U.S.C. §
101)

8. Plant Patents
Whoever invents or discovers and asexually
reproduces any distinct and new variety of
plant, including cultivated spores, mutants,
hybrids, and newly found seedlings, other
than a tuber propagated plant or a plant found
in an uncultivated state. . . (35 U.S.C. § 161)
No bacteria or similar single-cell organisms need
apply!

9. Design Patents
Whoever invents any new, original, and
ornamental design for an article of
manufacture may obtain a patent. (35
U.S.C. § 171)

10. Life & Duration
Life of utility patent - 17 years from date
of issue of Patent if application filed
before June 95 or 20 years from date of
filing application after June 95
Effective only in the U.S. (foreign
patent applications filed separately based
on U.S. application are available).

11. INVENTION
PATENTABLE IF........
NEW
USEFUL
NOT OBVIOUS
PERTAINS TO
PATENTABLE SUBJECT
MATTER UNLESS
GRANT OF PATENT IS
NOT BARRED

12. What Does a Patent look Like?

15. What is a License?
A contract between licensor and
licensee.
Licensor grants to licensee the right
to practice the technology claimed in
the licensed patent
Licensor agrees not to sue licensee
for infringing licensor’s patent

16. Other forms of IP!
Trade & Service
Marks

17. Marks
Trademarks® , ™
A trademark identifies tangible good or product of a company or
individual.
Servicemarks ®, SM
A service mark identifies the service s of a provider. Marks used by a company can function as both.
Trade names
Once a trade name was used to denote any mark descriptive of a good or service.
Today, it is a company business name.

18. Acquiring Trademark Rights
Types of trademark
TM - a Trade Mark™ - used before registration
SM - a Service Mark SM - used before registration
Used in Interstate Commerce
Rights by Registration®
Unfair Competition
Misuse of Trade Dress
Passing Off

19. Other forms of IP
Copyright ©
©

20. Copyrights
Copyright law protects the expression of an
idea. Not the idea itself.
Copyright protects
“…original works of authorship fixed in any
tangible medium of expression, now known or
later developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the aid of a
machine or device.” (17 U.S.C. § 102)

21. Original
The term original in the copyright law means
that the work originated with the author.
There is no requirement for novelty or
uniqueness as there is in patent law.
Must originate with author.

22. Duration
Depends on whether it is pre or post 1 Jan.
1978
Pre - Depends on whether published?
Registered, first term, renewal etc.
Post -
Life of author + 50 years
Work-for-hire 75 years from publication, 100
years from creation which ever is first

23. Ownership
Works for Hire - employer is considered the author
when:
work prepared by an employee within the scope or his/her
employment
work specially ordered or commissioned for use as a
contribution to a collective work
Transfer of title v Work-for-Hire
under a work for hire, employer is considered the owner.
Duration 75 years from pub or 100 from creation.
Transfer (assignment etc. 35 years)