Intellectual PropertyPhysical vs Intellectual PropertyCategories of IPInventors right to IP Protection: The U. S. Constitution !!Patentable subject matterDifferent types of patentsCategories of claimsBenefit to the PublicPatent Fast Facts: Valuable Prizes to the WinnersSlide 10Benefit to the Public“New, useful, and non-obvious”From Invention to Protection (Before the USPTO)From Invention to Protection (Filing with the USPTO)Parts of a PatentOregon PatentsSlide 17Oregon Patents by Assignee and AreaTrade SecretsThe Reality- “Tacit Knowledge“Remember this!!Small Group ActivityIntellectual PropertyIntellectual PropertyWhat is intellectual property?What is intellectual property?US IP protection- US IP protection- Patent application processPatent application processWhat does a patent look like?What does a patent look like?Patents in Oregon- how are we doing?Patents in Oregon- how are we doing?Tacit Knowledge, the Inventor, and Tacit Knowledge, the Inventor, and implications for Tech Commercializationimplications for Tech CommercializationCDA for this classCDA for this classPhysical vs Intellectual Physical vs Intellectual PropertyPropertyFactorFactorPhysical Physical PropertyPropertyIntellectual Intellectual PropertyPropertyMulti-UseMulti-UseUse by one firm Use by one firm precludes precludes simultaneous simultaneous use by anotheruse by anotherUse by one firm Use by one firm does not prevent does not prevent use by anotheruse by anotherPhysical Physical depreciationdepreciationDepreciates, Depreciates, wears outwears outDoes not wear Does not wear outoutProtection and Protection and enforcement enforcement from from encroachmentencroachmentGenerally can Generally can enforce and enforce and protect protect ownershipownershipMay be difficult May be difficult or expensive to or expensive to enforce and enforce and protect protect ownershipownershipCategories of IPCategories of IPPatentPatentTrademarkTrademarkCopyrightCopyrightTrade secretsTrade secretsOthers…. Others….Inventors right to IP Protection: Inventors right to IP Protection: The U. S. Constitution !!The U. S. Constitution !!Article 1, Section 8:Article 1, Section 8:““The Congress shall have power…”The Congress shall have power…”““To promote the progress of science and To promote the progress of science and useful arts, by securing for limited times to useful arts, by securing for limited times to authors and inventors the exclusive right authors and inventors the exclusive right to their respective writings and to their respective writings and discoveries”discoveries”Patentable subject matterPatentable subject matterThe patent claims define what is patentedThe patent claims define what is patented““Anything under the sun Anything under the sun made by man”made by man”““Limited time” is 20 years from first filingLimited time” is 20 years from first filingBroad categories of utility patents:Broad categories of utility patents:Different types of patentsDifferent types of patentsUtility - this is 98% of all patentsUtility - this is 98% of all patentsDesign- for new original, ornamental and Design- for new original, ornamental and non-obvious designs for articles of non-obvious designs for articles of manufacturemanufacturePlant patents- e.g. genetically modifiedPlant patents- e.g. genetically modifiedBusiness method patents- “one click” Business method patents- “one click” buying method is patented by Amazonbuying method is patented by AmazonCategories of claimsCategories of claimsoMethod Method (process)(process)-Common for nanoscale inventions, semiconductor -Common for nanoscale inventions, semiconductor manufacturing, etcmanufacturing, etcoApparatusApparatus- Machine, compound, materials- Machine, compound, materialsoProductProduct made by process made by process- Pharmaceutical drugs, semiconductor devices, etc- Pharmaceutical drugs, semiconductor devices, etc (Lilienfeld, patent #1741745- issued 1928)(Lilienfeld, patent #1741745- issued 1928) Any patent can mix or match claims from these three Any patent can mix or match claims from these three categoriescategoriesBenefit to the PublicBenefit to the PublicPublication- for all to learn and build uponPublication- for all to learn and build uponMust be enablingMust be enablingMust disclose “best mode”Must disclose “best mode”Must file promptly or waive rightsMust file promptly or waive rightsCannot abandon, suppress, or concealCannot abandon, suppress, or concealPatent Fast Facts: Valuable Patent Fast Facts: Valuable Prizes to the WinnersPrizes to the WinnersoAverage Number of US Patents Issued per day (within a Average Number of US Patents Issued per day (within a factor of 2) factor of 2) About 500!!!About 500!!!oTypical cost for preparing and filing a patent (within the Typical cost for preparing and filing a patent (within the range specified)range specified)$10,000-$50,000$10,000-$50,000oCorvallis National Rank in “Patents per capita” (within 2 Corvallis National Rank in “Patents per capita” (within 2 places)places) 44thth (Source- USA Today, 2002) (Source- USA Today, 2002)Patent Fast Facts: Valuable Patent Fast Facts: Valuable Prizes to the WinnersPrizes to the WinnersoDate and invention of first US patent (within 20 years) Date and invention of first US patent (within 20 years) July 31, 1790- “July 31, 1790- “Making Pot ash and Pearl Ash by a New Making Pot ash and Pearl Ash by a New Apparatus and Process”, Sam Hopkins, inventorApparatus and Process”, Sam Hopkins, inventor oNumber of US patents issued as of today?Number of US patents issued as of today? (within 100,000) (within 100,000)7,174,5707,174,570oAverage length of time from application to granting of patent Average length of time from application to granting of patent (within 12 months)(within 12 months)28 months, but biotech patents average 45 months28 months, but biotech patents average 45 monthsBenefit to the PublicBenefit to the PublicRight to exclude for a limited timeRight to exclude for a limited time20 years from first filing date20 years from first filing dateCannot be extendedCannot be extendedA monopoly deprives the public of A monopoly deprives the public of something they had a right to dosomething they had a right to doA patent contributes something new that A patent contributes something new that no one