BME416-IP

BME416-IP - Why and How Society Protects Intellectual...

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Why and How Society Protects Intellectual Property Gerald E. Loeb, M.D. Professor of Biomedical Engineering University of Southern California
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Protectable Intellectual Property Patents: inventions, new technologies, plants, designs Copyrights: books, plays, music, software code, IC and PCB layouts Trademarks: words, symbols, graphics to represent goods and services Personality rights Proprietary Intellectual Property Trade secrets and agreements Processes and formulations Technical know-how Client, supplier and contact lists
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What is a Trademark? A word, phrase, symbol or design (or combination of same) which identifies the source of goods or services of one party from those of others trademark service mark The same trademark can be used in different industries provided there is no potential confusion.
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Do you have to register a trademark to protect your rights? The first party to use in commerce or to file an application with the PTO has the right to register the mark Certain rights can be obtained without registration …but they will be more difficult to defend.
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How do I register a trademark? Use application: when a mark is already used in commerce Intent-to-use application: when mark has not yet been used in commerce but will be soon Foreign application: international treaties with some countries permit filing in US
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What do the Symbols mean? A trademark is identified by following the item with a superscripted TM A registered trademark is identified by a superscripted and circled R TM R
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What are the advantages to registration? Protection of the trademark throughout the US and its territories Rights can be protected as a sequence of 10 year terms forever: but renewal applications must be kept alive by filing certain information at the 5-6 year mark
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What is the process? Fill out application form
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This note was uploaded on 06/08/2009 for the course BME 416 taught by Professor Loeb during the Spring '08 term at USC.

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BME416-IP - Why and How Society Protects Intellectual...

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