Week 5 assignment

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Intellectual Property Protection

• Overview • Copyright • Patents • Trademarks • Industrial Design Rights • Trade Dress • Trade Secrets

This presentation is for educational purposes only and does not constitute legal advice

Ingenuity should receive a liberal encouragement.

Thomas Jefferson

The first thing we do, let’s kill all the lawyers.

William Shakespeare, 2 Henry VI, Act IV, Scene II

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Means: given in generous amounts

Intellectual Property is …

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• Creative product of the intellect • Intangible creations of the human intellect • Inventions, symbols, literary works, patents, and designs • References:

o FE Reference Manual o https://en.wikipedia.org/wiki/Intellectual_property o https://www.uspto.gov/ o HB Rockman, Intellectual Property Law for Engineers and Scientists, IEEE

Wiley, 2004.

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Intellectual Property Protection

• Overview • Copyright • Patents • Trademarks • Industrial Design Rights • Trade Dress • Trade Secrets

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A Copyright is Characterized by …

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• Applies to original literary, dramatic, musical, or artistic works • Does not protect ideas or information • Protects manner in which expressed • Work is protected by copyright from moment it is created • Copyright can be registered • Registration serves as proof of ownership • Others must gain permission to use copyrighted works • Examples: Copyrighted Works Include:

o Doctoral Thesis o Journal/Conference papers

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Survey Question: Which of the following constitutes copyright infringement?

A. Scanning an entire textbook and distributing online

B. Downloading a textbook pdf from a foreign server

C. Installing and using commercial software with some one else’s license code

D. File sharing: online redistribution of protected works

E. All of the above 5

Intellectual Property Protection

• Overview • Copyright • Patents • Trademarks • Industrial Design Rights • Trade Dress • Trade Secrets

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A Patent is Characterized by …

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• Legal rights to patent owner of the item • Exclude others from making, using, selling, or importing • Limited time protection • Item must be new, useful, and inventive (not obvious) • Patent is granted to the first applicant • Invention is disclosed to the public

Great Moments in the History of Engineering Patents: Eli Whitney and the Cotton Gin

• First major patent issued by USPO • Gin is short for engine • Cotton harvesting productivity • Harvest ready before patent • Planters revolted against lease

plan and stole plans • Made agreements with states

o Partially paid and then sued

o Eventually relieved of paying back

o Not ruined financially

o But no profit either

• Went north and made money improving mass production

8https://chilaborarts.files.wordpress.com/2012/03/cotton-gin.jpg

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Frequency Modulation (FM): Message Signal Changes the Carrier Signal Frequency

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Basis of FM Radio Broadcast

https://www.scienceabc.com/wp-content/uploads/2016/08/Illustration_of_Frequency_Modulation.jpg

Great Moments in the History of Engineering Patents: Edwin Armstrong and FM Radio

• Last of the Lone Attic Inventors • 1933 FM Patents

o Regenerative Circuit

o Superheterodyne Circuit

o Super-Regenerative Circuit

o Wide-Band FM

• Long costly battles with broadcast industry o FM vs. AM

o 41 to 56 MHz vs. 88 to 108 MHz

• Broadcast industry, then o Used his inventions

o Did not pay him

• Big long court battles up to 1954 o Ran out of money

o Committed suicide: defenestration (13th floor apartment)

• 1960s: Widow won in court • 1980s

o US Inventors Hall of Fame

o Picture on a stamp 10

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Lesson: Patents Are a License to Sue, But You Need Money!

• Successful patent process o Takes time o Costs 50 to 100 k$ o Enables you to sue infringers

• As regular employee or consultant o Get name on patent o No royalties: “Work for Hire” o Employer/Client pays the costs

and reaps the benefits

• Cell phone Example 1 o Apple and Microsoft o Vs. Google Android (and

Motorola by purchase

• Cell phone Example 2 o Apple iPhone o Vs. Samsung

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Mobile Phone Patent Dispute

12 https://elandroidelibre.elespanol.com/wp-content/uploads/2012/08/apple-samsung.jpg

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Closest I got … Consulting for Soberlink and TruePoint Systems

• https://pdfpiw.uspto.gov/.piw?Docid=08707758&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph- Parser%3FSect1=PTO2%2526Sect2=HITOFF%2526p=1%2526u=%25252Fnetahtml%25252FPTO%25252Fsearch- bool.html%2526r=6%2526f=G%2526l=50%2526co1=AND%2526d=PTXT%2526s1=soberlink%2526OS=soberlink%2526RS=sob erlink&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

• Some Figures are originally from me J o Figures 10 and 11

• TruePoint Systems (CSULB Foundation) o Got my name on patent applications o Never submitted o Company folded

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Survey Question: I think the following about Patents

A. I have an idea I would like to patent on my own

B. I have an idea around which I would like to build a company to patent the idea

C. I have an idea which I would like to interest my large employer in patenting

D. Some day, I would like to be a patent agent or attorney

E. I never thought about it 14

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Intellectual Property Protection

• Overview • Copyright • Patents • Trademarks • Industrial Design Rights • Trade Dress • Trade Secrets

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These Three Cover Appearance …

Term Definition

Trademark

• Brand name for an intellectual asset • Includes a word, name, symbol, or device that distinguishes and

identifies the source of a good or service

• Provides the holder with exclusive use. • Restricts use by unauthorized groups

Industrial Design Rights

• Protects appearance of new products • Includes shapes, colors, and any other visual features • Others restricted from using/selling registered design

Trade Dress • Characteristics of the visual and aesthetic appearance of a

product or its packaging (e.g. Apple packaging) 16

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Trade Mark Examples …

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iMac G4 Sunflower is an Example of a Protected Industrial Design

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https://commons.wikimedia.org/w/index.php?curid=482577

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Trade Dress: Apple iSight Packaging

19 http://www.minimallyminimal.com/blog/apple-isight

Intellectual Property Protection

• Overview • Copyright • Patents • Trademarks • Industrial Design Rights • Trade Dress • Trade Secrets

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A Trade Secret is Characterized by …

• Information which is not generally known such as: o Formula o Practice o Process o Design o Instrument o Pattern o Compilation of information

• Provides business with o Economic advantage over

§ Competitors § Customers

• Stealing Trade Secrets o Very Serious Crime o Google Self-driving car case

https://www.cnbc.com/2019/08/27/ex-google-engineer- levandowski-charged-with-taking-trade-secrets-to-uber.html

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Survey Question: For 33 Counts of IP Theft, He should get ___ Years in Jail?

A. 0 B. 1 C. 5 D. 10 E. 20 to life

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