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Page 1: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Intellectual Property Intellectual Property

Page 2: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Edwin Land Harvard dropout used to sneak into

Columbia U. to conduct research 22 years old, obtained $375,000 from

investors to start Polaroid WWII, optic lens dried up and Polaroid near

bankruptcy 1948 – Polaroid unveiled first instant print

camera

Page 3: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Edwin Land

1980 – Polaroid a $1.4 billion business 1976 – Polaroid filed suit against Kodak over

patent infringement 1985 – after 9 years, Kodak found guilty of 7 of

10 patent infringements 1990 – Boston court ruled Kodak would have to

pay Polaroid $985 million Largest damage awarded in patent infringement

Page 4: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Edwin Land Patents important to Polaroid

Polaroid holds over 2,000 patents Land holds 537 US patents 2nd to Edison who holds 1,093 patents

Page 5: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Patents Patent is a contract between govt. & inventor

Inventor discloses the invention Govt. grants inventor exclusivity regarding the invention for a

specified period of time Utility Patent

Protection of new useful processes or products 17 yr. protection

Design Patent Reflects the appearance of the product 14 yr. protection

Page 6: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Patents Plant Patent Genomic / Genetics Process Business Method Industrial Design

Page 7: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Filing for Patent Disclosure document

Establish a date of conception for invention Patent application

Introduction Description of invention Claims

Vague to prevent others from getting around patent Specific to point out invention’s uniqueness &

advantages

Page 8: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Patent InfringementDoes Patent Exist? File for Patent

Will other expired patents work?

Develop product witholder design

Is Patent nearly expired?

Plan for introductionupon expiration

Develop new modified product

Can product be Modified to avoid

Infringement?

Seek License

yes

yes

no yes

yes

no

no

Page 9: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Trademarks A trademark is a word, symbol, or design that

identifies the source of goods or services Initial 20 year registration with indefinite renewal

every 20 years Categories

Coined marks (polaroid) Abitrary mark (shell) Suggestive mark (Halo Shampoo) Descriptive mark (Rubberoid)

Page 10: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Benefits of Trademark Provides notice of exclusive use of mark Entitles one to sue over trademark infringement Establishes the rights concerning use of mark Prevent importation of goods with similar mark Basis for trademark application in foreign

countries

Page 11: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Registering Trademark Complete written application form A drawing of the mark Five specimens showing actual use of mark Pay the fee

Trademark Official Gazette publishes mark to allow a party 30 days to contest

Page 12: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Copyrights Copyright protects original works of

authorship Registered with Library of Congress Individual

Life of the author + 50 years Institutional

75 year protection

Page 13: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Trade Secrets No federal registration / guarantee Train employees to refer sensitive questions to

individual Provide escorts for all office visitors Avoid discussing business in public Keep important travel plans secret Employees sign non-disclosure agreements Avoid faxing sensitive information Mark documents confidential when necessary

Page 14: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Licensing Licensing may be defined as the arrangement

between two parties where one party has proprietary rights over a patent, trademark, or copyright

Patent license specifies how licensee will have access to patent

Trademark license usually involves a franchise agreement

Teenage Mutant Ninja Turtles accounted for over $2 billion in licensing

Page 15: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Intellectual Property

Most Common Question with Intellectual Property:

Who Owns It?

Page 16: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Intellectual Property Employment Contract

IP Clause Non-disclosure Clause Non-compete Clause

Page 17: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

IP Clauses Used to determine the ownership rights of a

new product, idea, or process that is developed while in an employment relationship

Default in SD: owner has right to manufacture new item for self but not to distribute commercially

Page 18: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

IP Clause Consult your employment constract If no IP clause, then it is most likely your IP If IP clause, then you have to look at

development Engineering notebook can give evidence of

origin of the idea and the resources that went into it

Page 19: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Non-disclosure Clause Terms within the contract that limits the

communications about specific products, ideas, or processes

Generally binding on both parties Used to protect IP from premature

disclosure in the marketplace

Page 20: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Non-compete clause Terms refraining an individual from

engaging in similar business within x miles for y number of years

Purpose is to prevent people from leaving a business and taking all clients with them or from engaging in a similar product venture

Page 21: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Product Safety / Liability Consumer Product Safety Act (1972)

5 member commission that has power to prescribe safety standards for more than 10,000 products

Page 22: Intellectual Property. Edwin Land Harvard dropout used to sneak into Columbia U. to conduct research 22 years old, obtained $375,000 from investors to

Product Liability Claims Negligence

Deficient labels, false advertising, . . . Warranty

Product does not perform as claimed Strict Liability

Product was defective prior to receipt Misrepresentation

Misrepresentation of material facts concerning quality


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