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Notes_for_CHAPTER_13_-_INTELLECTUAL_PROPERTY

Notes_for_CHAPTER_13_-_INTELLECTUAL_PROPERTY - CONCORDIA...

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Rev. 2007-06 © Concordia University, 2003 CONCORDIA UNIVERSITY FACULTY OF ENGINEERING AND COMPUTER SCIENCE ENGR 201 PROFESSIONAL PRACTICE AND RESPONSIBILITY PROFESSOR : REMI ALAURENT, ENG. CHAPTER 13 INTELLECTUAL PROPERTY 1. Patents page 1 2. Trademarks page 6 3. Copyrights page 8 4. Industrial designs page 10 5. Integrated circuit topographies page 12 6. Trade secrets page 14 TOPIC 1 : PATENTS (source : Canadian Intellectual Property Office) General principles Patents cover new inventions (process, machine, manufacture, composition of matter) or any new and useful improvement of an existing invention. Patents offer inventors monopolies on their creations for specific periods, and thus provide an incentive for creativity, research and development.
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ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 13 PAGE 2 OF 15 © Concordia University 2003 The possibility of patent protection is a strong incentive to take the risk of investing time and money in devising, perfecting, producing and marketing new products. Patents are also a means of technological exchange. Patents are descriptive and publicly available. Therefore, they promote sharing of knowledge, and are vital resources for other inventors, businesses, researchers and academics who need to keep up with the developments in their fields – if only to avoid duplicating something already patented! The Patent Act The Patent Act, which is a federal statute, defines what is a patent, what can be patented, the process of obtaining a patent, the protection it affords before and after a patent is granted, markings etc. Through a patent, the Canadian government grants the inventor the right to exclude others from making, using and selling the invention from the day the patent is granted to a maximum of twenty years after the day on which the patent application was filed. A patent is an asset : it can be sold, licensed, or used as asset or collateral to secure funding. However, the patent may lapse for non-payment of maintenance fees. Also, the patent grants protection in Canada but not in foreign countries. Applications must be made in each country separately, but several international treaties and conventions facilitate this task. What can be patented Three criteria : the invention must Be new (first in the world) Be useful (functional and operative) Show inventive ingenuity and not be obvious to someone skilled in that area. A patent is granted only for the physical embodiment of an idea or for a process that produces something tangible (and, perhaps, saleable). The invention can be : A product (a door lock) A composition (a chemical composition used in lubricants for door locks)
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ENGR201 PROFESSIONAL PRACTICE AND RESPONSIBILITY CHAPTER 13 PAGE 3 OF 15 © Concordia University 2003 A process (a method for producing door lock parts) An improvement on any of these (90% of patents are granted for improvements to existing patented inventions).
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  • Winter '10
  • RemiAlaurent
  • professional practice, Canadian Intellectual Property, Intellectual Property Office, Canadian Intellectual Property Office

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