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Introduction to Intellectual
Property(IP)
Outline
• What is intellectual property (IP)
• What are different kinds of IP
• What are inventions
• What are patents
• How a patent can be obtained
• Importance of patents & Infringement
• TTO in Universities
© Dr. M. Tayyeb Javed 2
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What is IP
Intellectual –
Power of mind
Intellectual Property
Property-
Something which
can be owned,
possessed,
enjoyed, used,
transferred
What is IP
• IP refers to “Creations of mind”
• Writers, inventors and artists transform
ideas into tangible property. Such as
– Innovative products
– Literary and Artistic works
– Creative Designs and Distinctive signs/logos
• Exclusive rights are granted by a state for
a limited period of time, if IP qualifies
under law © Dr. M. Tayyeb Javed 4
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Kinds of Intellectual Property
Industrial Design
• Aesthetic aspect of an article/product which
appeal to eye
• “Design” means “features of shape,
configuration, pattern or ornament applied to
an article by any industrial process”‐ Sec 2(e)
• Three‐dimensional features, such as the shape
or surface of an article, or Two dimensional
features, such as patterns, lines or color
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EXAMPLES
EXAMPLES
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Examples
EXAMPLES
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TRADEMARKS
• A trademark is a sign capable of distinguishing
the goods or services produced or provided by
one enterprise from those of other
enterprises
– Distinguishing function
– Indicator of origin
WORD MARKS
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3‐D Marks
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(Tarzan yell)
(Popping)
(Sound of tennis balls being hit)
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COPYRIGHT
• Written works‐books, speeches, magazine
• Musical works‐songs and ring tones
• Artistic works‐drawings, paintings,
photograph
• Dramatic and choreographic works
• Films and multimedia products
• Computer programs
© Dr. M. Tayyeb Javed 17
COPYRIGHT
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What are inventions
• Necessity is the mother of invention
• Generally speaking, an invention is a
solution to a technical problem
• “invention” means any new and useful
product or process, in any field of
technology and includes any new and
useful improvement of either of them
What are inventions
• Many people think that invention is a
major scientific breakthrough made by
R&D laboratories or universities
• But most of the inventions are
incremental made by ordinary people or
individual inventors
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Examples
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Few examples that have inspired
inventors to invent
• Needing something that is not available‐Adding
machine
• Wanting to help somebody‐Stop motion device
• Combining two or more products to produce a new
and better products‐ phone and camera
• Applying a better understanding of nature‐Zipper
• Combining traditional knowledge with modern
scientific concepts
‐Pot‐in‐pot cooling system
• Improving past inventions
‐Floppy disks to memory sticks
© Dr. M. Tayyeb Javed 23
Inventions are important
• Inventions improve our lives in many
ways
– Save lives‐ medicines
– Make task easier‐ cars
– Entertain us‐ television
– Increase our knowledge of the world
microscope
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How invention is protected
• Inventions are so important for us that we
should encourage talented inventors such as
scientists to keep inventing
• One way to encourage inventors is by
preventing people from stealing their
inventions
• Getting a patent for an invention is a legal
way to protect the invention
What is a patent
• Patent is
– an exclusive right
• Right to exclude all others from making, using,
selling, importing
• Right to license or assign
• Right to initiate infringement proceedings
– Granted for a limited period(20 years)
– to the inventor/applicant for an invention
– by the government/state (Hence territorial)
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Patentable Inventions
• Is every invention patentable
• An invention must meet following criteria to
be eligible for patent protection
– patentable subject matter
– Novelty(new)
– Involves an inventive step/Non obviousness
– Capable of Industrial application/Usefulness
– Sufficient disclosure
© Dr. M. Tayyeb Javed 27
Patentable Subject Matter
• In most national patent laws, patentable
subject matter is defined negatively i.e. by
providing a list of what cannot be patented
– Discoveries
– Inventions that affect public order, morality or
health
– Methods of treatment for humans or animals
– Plants and animals other than microorganisms
– Business methods, Scientific theories
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Patentable inventions
• An invention is new or novel if it does not form
part of the state of the art (Any information
disclosed to the public anywhere in the world)
• Inventive step means that the invention must not
be obvious to a person who is skilled in the art
(Person who knows the technical field concerned)
• Industrial applicability or utility means that the
invention must be useful or capable of being
produced or used on an industrial scale
How to get a patent
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Structure of a patent application
• A request‐title, particulars of inventers, applicant,
filing date and priority details
• Description
– Detail technical information about the feature of invention
– How the invention can be made and carried out
– Its application in industry or commerce
• Claims
– determine scope of the invention
• Drawings
– show technical detail, not required for process
• Abstract‐ Brief summary of the invention
Why patents are important
• Incentive and reward for the inventors to
invent
• Benefit for the society
• Contribute to the Technology Transfer hence
economy and development of a country
• Huge source of technical information‐Million
of patent documents are available
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Are patented inventions protected
world wide
• Patents are territorial
• There are three main ways of protecting an
invention abroad
– National Route‐ Separate application in each
country
– Regional Route‐ One application for certain region
– International Route – Patent Cooperation Treaty‐
one application, one language, one fees
Infringement
• Making, using, selling, offering for sale and/or
importing the invention without the
authorization of the patent owner is called
infringement
• Remedies available are
– Injunction
– Damages
– Border measures
– Provisional measures
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Ownership of IP
• Commercialization of IP is a valuable property
hence ownership is important
• Employer and Employee relationship
• IP that arise from the publicly funded research
organizations such as universities
– Professor privilege
– Institutional ownership
– Technology Transfer Offices in Universities
• National Laws, IP Policy, IP Contracts
© Dr. M. Tayyeb Javed 35
TTO
• Stanford University TTO
– First in US in 1970
• Ownership‐Institution
• Sharing of benefits‐1/3 for inventor,
department, school/institution after
deduction
• Confidentiality clause
• If University is unable to commercialize IP
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