Protecting Your Intellectual Property 10.13.2010

Protecting Your Intellectual Property : 

Protecting Your Intellectual Property A video tutorial for entrepreneurs and inventors PART 1

Slide 2: 

DISCLAIMER STATEMENT The information provided in this presentation is general in nature and in many instances represents our opinions. This information is not to be construed as legal advice. Rather, legal advice concerning your specific legal issues can only be obtained through direct consultation with an attorney. Because the laws are complex and subject to constant change, we cannot guarantee the information provided herein is wholly accurate. We do, however, endeavor to keep the advice up to date.

Slide 3: 

The 4 Main Types of Intellectual Property Patent Protects inventions Trademark Protects source identifiers i.e. brands Copyright Protects creative works Trade Secret Protects properly maintained proprietary information www.ColoradoIPLaw.com 303.768.0123

Slide 4: 

Why Should You Protect Your IP? One Reason: MONEY! Entrepreneurs / Business Owners Individuals Maximize competitive advantage Increase value of enterprise Attract angel and venture capital Minimize the risk of future suit Establish a strong brand Prevent/slow other from co-opting your invention Increase probability of licensing invention Attract investors

Slide 5: 

What is a Patent? A right granted by the Federal Government allowing the patent holder to prevent others from making using or selling the INVENTION claimed in the patent for a limited period of time (14-20 years depending on type). How is a Patent obtained? File a patent application USPTO will examine application If claimed invention is novel, nonobvious and useful, patent will issue The process is relatively expensive ($9000-20000) and takes 2-5 years. www.ColoradoIPLaw.com 303.768.0123

Slide 6: 

What Qualifies as an Invention? Articles of Manufacture Compositions of Matter Process or Methods Computer Programs Business Methods Aesthetic Designs on Functional Articles What Doesn’t? Art Music Slogans, Names, Logos Writings Discoveries Mere Mathematical Algorithms www.ColoradoIPLaw.com 303.768.0123

Slide 7: 

What is a Trademark? Any word, name, symbol, device or combination thereof used in commerce to identify and distinguish the goods or services of one company from another i.e. a brand name. How is a Trademark obtained? Use mark in commerce to identify goods/services Federal registration is optional but has significant benefits Nationwide scope of coverage - Benefit of legal presumptions www.ColoradoIPLaw.com 303.768.0123

Slide 8: 

Good Mark Fanciful, arbitrary or at best suggestive Apple for computers Kodak for camera Google for web search engines Merely describe the goods/services or are generic descriptors of a good or service Sneakers for footwear Superior Plumbing for a plumber Patents.com for software to manage a patent database Bad Mark www.ColoradoIPLaw.com 303.768.0123

Slide 9: 

What is a Copyright? A right for original works of authorship i.e. creative works such as music, writings, sculpture and paintings. How is a Copyright obtained? A copyright attaches to any qualified work upon creation by the author. Registration of the copyright with the Library of Congress is necessary to maintain an action in Federal Court to enforce the copyright. Registration also provides for potential recovery of statutory damages and attorney’s fees.

Slide 10: 

What are Trade Secrets? Properly maintained company information that is not readily available or generally known which provides the company with an economic advantage over competitors. How are Trade Secrets Protected? Access limited to those within a company with a need to know. Properly identified as confidential, proprietary or similar www.ColoradoIPLaw.com 303.768.0123

Slide 11: 

Examples of Information Protectable By Trade Secret Formula Inventions Business Strategies Manufacturing processes Customer Lists Operations Manuals Sales Manuals Financial Data www.ColoradoIPLaw.com 303.768.0123

Slide 12: 

What’s Next? Part II – Intellectual Property for Businesses - Applicable types - Why is IP important? - What value does it add? - Cost of obtaining and maintaining v. Litigation Part III – Intellectual Property for Individuals - Applicable Types - Pursuing Inventions with or without Protection - The Perfect Name - Money and the new venture www.ColoradoIPLaw.com 303.768.0123