IP Introduction Dec 2023 Guest Lecture A Wetzels PDF

Introduction to Intellectual Property Anna A. Wetzels Intellectual Property Manager, The Gate, TU/e December 11, 2023 Agenda ▪ What is Intellectual Property (IP)? ▪ Why is it important? ▪ Practical considerations for technology entrepreneurs What is Intellectual Property (IP)? “Creations of the...

Introduction to Intellectual Property Anna A. Wetzels Intellectual Property Manager, The Gate, TU/e December 11, 2023 Agenda ▪ What is Intellectual Property (IP)? ▪ Why is it important? ▪ Practical considerations for technology entrepreneurs What is Intellectual Property (IP)? “Creations of the mind” IP Rights (IPR): Creators or owners of IP can obtain certain legal rights to control its use Types of Intellectual Property to prevent others from exploiting the invention in Rights (IPR) Right countries where the patent is granted, up to 20 years Legal right Patent Copyright Trademark Design Trade secret What for? New technological invention How acquried? Application and examination Original creative or artistic forms Exists automatically Distinctive identification of a brand, Registration and/or Use product or service Protecting external appearance of a Registration and/or Use product Valuable information not known to Efforts to keep something the public secret Patents: what is patentable? Patents protect technical inventions which solve technical problems: ▪ devices, ▪ methods, systems ▪ chemical uses substances Exceptions in Europe: o algorithms, software, business methods, and rules of games; medical treatment, diagnostics, and surgery on human or animal body - as such o matters contrary to "ordre public" or morality To be patentable, invention must be ✓ new to the world (not already made public) ✓ inventive (not an ‘obvious’ solution), and ✓ susceptible of industrial application or useful Question Should we apply for a patent? The visitors to our lab described our innovative approach in a social media posting, and it received an overwhelming response … Once the invention is shared publicly, usually, it can no longer be patented. It is not “New” Types of IPR Legal right Patent Copyright Trademark Design Trade secret Applies to the expression (not the idea). The author has exclusive rights, e.g., to make copies. Lasts for the life of the author plus 70 years. What for? New technological invention Original creative or artistic forms Distinctive identification of a brand, product or service Protecting external appearance of a product Valuable information not known to the public How acquried? Application and examination Exists automatically Registration and/or Use Registration and/or Use Efforts to keep something secret Question: Are there any copyright related risks of using text produced by ChatGPT in your work? ▪ Copyright infringement - ChatGPT might have reproduced someone else’s copyrighted work Types of IPR Legal right Patent Copyright Trademark Design Trade secret Must not be descriptive or generic. The owner has the right to prevent others from using a confusingly similar mark in trade What for? New technological invention Original creative or artistic forms Distinctive identification of a brand, product or service Protecting external appearance of a product Valuable information not known to the public How acquried? Application and examination Exists automatically Registration and/or Use Registration and/or Use Efforts to keep something secret Examples Would this be a good trademark for a new electric car company? eCar Daisy Cars Types of IPR Legal right Patent Copyright Trademark Design Trade secret EU registered design rights: maximum 25 years; EU unregistered design rights: 3 years What for? New technological invention Original creative or artistic forms Distinctive identification of a brand, product or service Protecting external appearance of a product Valuable information not known to the public How acquried? Application and examination Exists automatically Registration and/or Use Registration and/or Use Efforts to keep something secret Question: Can the slide to unlock feature be protected by an IPR? Types of IPR Legal right Patent Copyright Trademark Design Trade secret What for? New technological invention Original creative or artistic forms Distinctive identification of a brand, product or service Protecting external appearance of a product Valuable information not known to the public Most common type of intellectual property How acquried? Application and examination Exists automatically Registration and/or Use Registration and/or Use Efforts to keep something secret Protection lasts as long as the secret does Example: One product - several IP rights Trademarks ▪ NOKIA ▪ Product ‘208’ ▪ Start-up tone Patents ▪ Data-processing methods ▪ Operating system ▪ Operation of user interface Copyright Designs ▪ ▪ ▪ ▪ ▪ ▪ Overall shape of the phone ▪ Arrangement and shape of buttons ▪ Position and shape of screen Software User manuals Ringtones Start-up tone Images Trade secrets ▪ Technical know-how kept ‘in-house’ and not published Copyright Trademarks Patents Trade secrets Designs Why are IP rights important? IP rights = essential business assets Innovators make significant investments in developing new products Heavy pressure may drive the innovator out of business Competitors benefit from their efforts Can offer similar or identical products at a cheaper price Get a free ride on the back of the innovator's creativity and inventiveness IP system Rights over the use of inventions, designs, brands, literary and artistic works Other advantages of having IP rights ▪ Control of how your creation is used ▪ Basis for a startup ▪ License/transfer to 3rd parties ▪ Collaboration – seat at the table ▪ Investor appeal and research funding ▪ More likely to receive funds with an IP portfolio Examples of IP Agreements ▪ Transfer – sale of IPR to a new owner ▪ License – allowing others to use your IPR in return for compensation, such as royalties (% of the revenue) ▪ IP license can be exclusive or non-exclusive and/or limited to a particular field ▪ Collaboration – multiple parties working together to develop new technologies ▪ Background IP => developed outside the collaboration ▪ Foreground IP => arises from the collaboration ▪ Ownership of and access to both by the parties are usually defined IP Rights of others Can IP rights of others block your business? ▪ Freedom to Operate => checking that you don’t infringe the IP rights of others ▪ Relevant irrespective of whether you own any IP or not ▪ To be done as early as possible but certainly before investing in product development ▪ Search on-line Searching Patent Publications WHY? – To determine if your business infringes on the IPR of others; to determine if your work is new https://patents.google.com About the Netherlands Patent Office | RVO.nl Practical considerations for technology entrepreneurs IP Ownership Who will own IP rights resulting from the project? Employment Employer usually owns IP arising from employment Internship/traineeship Provider of the internship/traineeship Other projects: As stated in an applicable written agreement If no written agreement: the inventor/creator Non-disclosure agreements (NDAs) ONE WAY: one party (i.e., the disclosing party) anticipates disclosing certain information to another party (i.e., the receiving party) ➢ the receiving party promises to keep confidential the information it receives from the disclosing party ➢ inventor talking to potential industry partners MULTI-PARTY: e.g., two parties anticipate disclosing information to one another that they wish to protect from further disclosure ➢ each party promises to keep confidential the information it receives from the other party ➢ joint projects, collaborations NOTE: Respect the confidentiality agreements that you signed! To patent or not to patent? Costs vs. Benefits ▪ Do patented features provide a competitive advantage? ▪ Other ways to achieve the same result? ▪ Can you detect if others are using the invention? ▪ Life cycle of products? Size of the market? Alternatives to Patent: ▪ Publish - this prevents others from patenting ▪ Maintain trade secret ▪ if infringement cannot be detected ▪ can last forever ▪ except: reverse engineering or independent invention Take-aways for Technology Entrepreneurs ▪ Build an IP portfolio and keep adding to it as the company and technology mature ▪ Consider different types of IP ▪ Do not forget to check the freedom to operate ▪ Be practical: • Focus on IP that adds value Thank you! Questions? T: E: W: 040 247 4822 [email protected] www.thegate.tech