16. patents-#4
process
identify inventions
maintain secrecy
gather information and prepare an
application
file with the pto
hang on the wall
17. patents-#5
time to get
18 months to 5 years from filing of
application.
length varies by technology
software patents – up to 5 years
Claims may never issue.
18. patents-#6
cost
$500 to $5000 for provisional application
$4000-$18,000 for non-provisional
application
depends on technology, business goals
and timing
19. patents-#7
duration
20 years from filing
once it dies, it’s dead
but:
continuation-in-part applications
20. patents-#8
enforcement/defense
search before new tech release
patent litigation ain’t cheap
$3 million in fees/costs would be a good
deal for an active case
cases can last 2-5 years
26. trade secrets-#1
what?
confidential information that has value
from not being generally known
protection only as long as secret kept –
like the Coke formula
statute (like Uniform Trade Secrets Act)
and contract
27. trade secrets-#2
why?
value in business – proprietary
formulas/processes
preserve market advantage
keep secret forever – can’t with patents
preserve patentability of inventions
29. trade secrets-#4
process
maintain secrecy of data
identify inventions
control access
consider a log
30. trade secrets-#5
time to get
you own as soon as you create
no formal filing process
31. trade secrets-#6
cost
cost of development
cost of maintaining secrecy
32. trade secrets-#7
duration
perpetual – if it can be maintained
as such
coke formula
the rabbit has to stay in the hat
33. trade secrets-#8
enforcement/defense
when to sue?
complex litigation
often bundled with employee-related
disputes (coke-pepsi)
injunctions…!
costs - $400k-$3 million
34. trade secrets-#9
best practices
confidentiality policies (“CP’s”)
use NDA’s when possible
mark “confidential” materials as
such
protect sensitive materials (or
facilities)
36. trademarks-#1
what
exclusive use of brand for specified
goods or services
rights based on use in the marketplace
U.S. federal and state level (statutes and
common law)
all countries have trademark systems
37. trademarks-#2
why
market exclusivity for brands – unique
association
promote customer loyalty (TONY THE
TIGER)
prevent customer confusion
strategic tool against competitors
build value in business – ®
38. trademarks-#3
examples
word mark: EXXON
stylized word mark:
design mark: TONY THE TIGER
color: yellow for sticky note pads (“Post-
Its”)
product shape: the Coke bottle
39. trademarks-#4
process
identify brands (incl. future brands)
evaluate market significance/strength of
mark
search!
federal v. state
file application
prosecute to registration
40. trademarks-#5
time to get
common law – rights upon use
federal registration process - can
take 18 months
state registrations – much quicker
41. trademarks-#6
cost
trademark search - ~$700
U.S. tm app. - ~$1000 (single class).
up to $2K in additional prosecution costs
state tm’s – much cheaper
foreign applications - generally more
42. trademarks-#7
duration
perpetual???
registrations indefinitely renewable
STELLA ARTOIS – claims rights back to
1366
when marks die – ASPIRIN, ZIPPER,
DRY ICE, ESCALATOR (generic terms)
43. trademarks-#8
enforcement/defense
sue for likelihood of confusion
(similar mark on similar goods)
trademark litigation ~$400K-$2M.
most disputes settled
cases can last 1-3 years.
44. trademarks-#9
best practices
communicate with
marketing/product teams on brands
search before you sell!
prioritize revenue-driver brands
45. trademarks-#9
best practices
file Intent to Use (ITU) applications
for quick protection
maintain uniformity of use
enforce rights
47. copyrights, cont….
register soon after public release
protected by U.S. statutes
good for company code, manuals,
images
litigation – not cheap
48. copyrights: best practices
use stuff you own or have licensed
(incl. creative commons)
make sure you own stuff you’re
paying for – images, code, narrative
(agreements!)
use Copyright Office process for
source code registration