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Intellectual Property

Intellectual Property - Industrial/Intellectual Property o...

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Industrial/Intellectual Property
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o Patents Industrial/Intellectual Property Slide 2
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o Trade-Marks Industrial/Intellectual Property Slide 3
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o Copyrights Industrial/Intellectual Property Slide 4
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o Industrial Designs Industrial/Intellectual Property Slide 5
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- P. H. Alexander Industrial/Intellectual Property Slide 6
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Patents of Invention Invention: “any new and useful (or new and useful improvement in) art, process, machine, manufacture or composition of matter” What is Patentable? - the invention must: - be novel and useful - result from ingenuity and skill (not discovery alone) - an idea is NOT patentable - idea must be reduced to something physical Term of a Patent: - 20 years from date of application Patent Rights: o can be assigned to other than the originator o allowed if in writing Industrial/Intellectual Property Slide 7
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- can assign part or all rights in whole or in part for such valuable consideration … - may be licensed (on exclusive or non- exclusive basis) (Often a royalty fee is charged based on a percentage of product sales.) Any assignment or exclusive license MUST BE REGISTERED in the Patent Office (or will be void and therefor unenforceable). Industrial/Intellectual Property Slide 8
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Patent Infringement - owner has exclusive right to use (or license) the patented invention - owner and his/her licensees can claim damages resulting from patent infringement through a court action - owner may get an injunction to prevent further infringement - owner may recover any profits earned by defendant - owner may recover proven damages (including profits lost through infringement) PATENT RIGHT ASSIGNMENT BY EMPLOYEE ENGINEER - assignment of patent rights to employer may be requested by employer - generally, rights are owned by employer if engineer is employed to invent Industrial/Intellectual Property Slide 9
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Trade-Marks - a mark used to distinguish wares or services - may be registered - registration gives exclusive rights to use throughout Canada - essential feature is its DISTINCTIVENESS - must not deceive the public REGISTRABLE?
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