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Virginia SBDC-Intellectual Property (copyrights (copyright laws does not…
Virginia SBDC-Intellectual Property
3 types of intellectual property protection
trademarks (USPTO)
word, symbols, sound, color, smell
typical life: 20 years
prevent others from using confusingly similar marks
can be RENEWED forever as long as it being used by the biz
Trademark Electronic Search System (TESS)
search for pending, registered, and dead federal trademarks
copyrights (US Copyright Office USCO)
literary works
patents (USPTO)
LIFESPAN
: 20 years
TYPES OF PATENTS
utility patents
useful processes, machines, articles of manufacture, and compositions of matters
ie: fiber optics, computer hardware, medications
life = 20 years
design patents
new, original, and ornamental designs for articles of manufacture
ie: look at an athletic shoe, bicycle helmet, star wars characters
life = 14 years
plant patents
invent or discover and asexually reproduces any distinct and new variety of plants
ie: new and distinct cultivator of African violet
FEE
: filing fee + maintenance fees throughout its life
late pmt of maintenance fees can result in surcharges or even expiration of patent after a period of time
APPLICATION PROCESS
patent pending
may put "Patent Pending" or "Patent Applied For" on articles that they make or sell
info providing purpose. NO protection till patent approval
patent approved
required to put "Patent" and patent # on the item
fine imposed on those who use these terms falsely to deceive the public
trade secret
info that a company keeps secrete to give them an advantage over competitors
formulas
biz plan
designs
procedures
copyrights
literary, dramatic, musical, artistic, original works, motion pictures, sound recordings, architectural works, graphics
copyright laws does not protect the following
domain names
band names
sightings
recipes-unless they are in a cookbook or have substantial guidance or explanations with them
your grandmother's diary, unless it was left to you by will or ingeritance
protection time period
date your copyright will take effect is the date the US copyright office receives all of your info
though it may take 4-5 months to receive your certificate of registration
LIFESPAN
: life of author + 75 years
MAINTENANCE FEE
little if any once the copyright has been registered
trade secret
ie: formula, biz plan, designs, procedures
coca cola recipe
11 secrete herbs and spices tha tgo into KFC
secret sauce on Big Mac
customer list
Computer algorithms
definition:
any piece of info that a company keeps secret for an advantage over competitors
REGISTRATION
NO FEDERAL REGISTRATION
as long as the info is kept confidential, the trade secret will last
if you make the trade secret avail to the public, it will no longer be protected
protection (do-it-yourself)
use nondisclosure agreements
limiting access of ppl to trade secrets
label trade secret documents as "Confidential"
maintain reasonable amount of computer security
make sure trade secrets are locked away after biz hours
for ee
: confidentiality agreement OR non-compete covenants
components of confidentiality agreement
definition of confidential info
do not list the actual secret to be disclosed
exclusions from confidential info
include info that is excluded from the protection
obligations of receiving party
most agreements will state "the receiving party must hold and maintain the info in confidence and limit its use
time periods
typically 5 years
miscellaneous provisions
whether arbitration will be used in the event of a dispute
what state's laws will apply in the event of a breach of contract