The Basics: Intellectual Property

Intellectual Property (IP) is any product of the human intellect. It refers to property rights associated with creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.

It includes:

Patents

Patents protects an idea. The owner (i.e., inventor) discloses to the public the invention; in exchange for a limited time (i.e., 20 yrs from filling) monopoly on the invention where the owner has legal rights to exclude the making, usage or selling of the invention.

· Limitation: Time and Location

· Tests for Patentability: novel, useful, non-obvious

· Types: Design, utility and plant patents

Design Patents

A design patent protects only the aesthetic features of an object, and not its structure or utilitarian features (Example: D164,227). It has a term of 15 years from the date of issuance.

Utility Patent

Utility patents cover the creation of a new or improved—and useful—product, process, or machine and give its inventor exclusive commercial rights to it for 20 years. Typically, this is what people mean when they say that the idea is patented.

Plant Patent

A plant patent involves the invention, discovery or asexual reproduction of a distinct, new variety of plant, other than “a tuber propagated plant or a plant found in an uncultivated state” (General Information About 35 U.S.C. 161 Plant Patents | USPTO). Also lasts up to 20 years from filling time.

Owner’s rights: right to exclude others from asexually reproducing the plant, and from using, or selling any of its parts, throughout the United States (U.S.), or from importing the plant to the U.S. for reproduction or selling purposes.

Copyrights

SOOOOOOO Fortnite Profiting Off Dance Moves: Is It Legal?

The protection of original works of creative expressions. For example: books, music, and research ideas, etc. Owner can exclude others from reproduction, distribution, production of derivative works, performance or display of the copyrighted work. For example: “Happy Birthday to You” song was US copyrighted (expired in 2016).

Longevity: (i) Life of Author + 70 years, (ii) For “work for hire”: 95 years from 1st publication

!!!GIVE GOOD LAB NOTEBOOKS!!! SIGN & DATE!!!

FUN FACTS: The Summy Company registered a copyright in 1935, crediting authors Preston Ware Orem and Mrs. R. R. Forman. In 1988, Warner/Chappell Music purchased the company owning the copyright for US$25 million, with the value of "Happy Birthday" estimated at US$5 million.

Trade Secrets

“A trade secret is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and is subject to reasonable efforts to maintain its secrecy. All three elements are required; if any element ceases to exist, then the trade secret will also cease to exist. Otherwise, there is no limit on the amount of time a trade secret is protected” (https://www.uspto.gov/ip-policy/trade-secret-policy).

Your famous chocolate double chocolate chip cookie recipe can be the next best trade secret 😊 or your new chemical formula or compound.

Click here to watch a short 3-minute video to learn more about TRADE SECRETS.

Trademarks/Servicemarks

Trademarks are words, phrases, symbols, or designs (OR combination of these) that are unique and used to distinguish the source of goods or services. Can last forever if properly maintained after the original approval ($200- $300 per good/services). Renewals must be filed every 10 years and typically cost $400- $500. Trademark fee information | USPTO

Undergraduate Student IP at Vanderbilt University

Invented/created in class or outside Vanderbilt: Student owns

Invented/created as part of a research project with a faculty member (usually funded research): Vanderbilt owns
Incidental use of Vanderbilt resources by students in inventing/creation is permitted
SUPER IMPORTANT TO KEEP A DETAILED Lab notebook: describe (experimental study, codes, designs, reactions, etc.) date, sign and witness!!!!
- You can also use electronic notebooks like OneNote