ABC's of IP

Protecting Your Innovations

Vasu Sethi | Souvik Som | Arpan Kanungo

 Preface
This book, penned collaboratively by three colleagues during our time
at GreyB, was born out of an aspiration: to offer readers a concise
guide to the Intellectual Property industry without delving too deeply
into the tiny details. Designed as a quick read, you can immerse
yourself in its pages and emerge just a few hours later with a fresh
perspective.

Our primary objective is to spark your curiosity. We hope to provoke

thought and emphasize the importance of protecting one's innovative
ideas.

Our deepest gratitude goes to GreyB for launching the Book Writing
Challenge, which not only brought this book into existence but also
encouraged us to embrace the creative process. Special thanks to
Deepak Syal, who guided and motivated us in our journey to complete
this book.

To you, our reader, thank you for choosing this book. We sincerely
hope you find it enlightening. Your feedback is invaluable to us, and we
welcome any opportunities to connect.
 Contents

Patents: From Crazy Inventions to Life-Changing

Innovations
Introduction....................................................................3
What is a patent?..........................................................5
When can an invention qualify as patentable?..........6
Interesting patents.......................................................11
Weird patents................................................................14
What is Patent Infringement?.....................................17

Trademarks: Building Brands that Stand Out

Introduction....................................................................21
What are Trademarks?.................................................24
Significance of Trademark...........................................26
What is Trademark Infringement?..............................28
Copyright: Preserving Creativity and Expression
Introduction....................................................................29
What is copyright?.........................................................30
What is an original work?.............................................32
What is fixed work?.......................................................32
Examples of copyright...................................................33
Famous Copyright Cases...............................................36
What is copyright Infringement?.................................38
The name "Google" originated from misspelling "googol", which
means a very large number.

|1|
Patents
Crazy Inventions &
Innovations
 Netflix holds patents related to its content delivery
systems and personalized recommendation algorithms.

|2|
 Introduction

If you ever saw some unique features in an Apple phone and

wondered why is it not available in other phones, that's because
they can't copy it because the feature is patented by Apple.

Wondering what a patent is? In our first chapter, we'll be

learning what a patent is and whether a particular invention can
be patented or not. Keep your eyes open as you might spot one
or two weird patents along the way.

|3|
Google holds numerous patents related to search algorithms,
but one of their most famous patents is the PageRank
algorithm, which revolutionized web search.

|4|
 What Is A Patent?

In the world of new ideas, a patent protects your unique

creations. Imagine inventing glasses that can instantly translate
any language you hear, making travel to any country a breeze. A
patent ensures that this invention is legally recognized as yours.
For approximately 20 years, you hold the exclusive rights to
produce, market, and profit from this technology. Should a
competitor see the potential in your creation, they cannot simply
reproduce it without your consent.

It's not merely about protection; it represents the value of

intellectual property in a world driven by novel ideas. Getting a
patent proves one's contribution to the vast landscape of
progress.

|5|
When Can An Invention Qualify
As Patentable?

For an invention to be patentable i.e. to be protected by patent,

it should meet the following requirements:

The invention should be novel/new - This means that the

invention should not be publicly known beforehand. It has to
be something new, which did not exist previously.

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 IBM is one of the top patent recipients in the world, with a
significant focus on technological innovation and intellectual
property protection.

|7|
The invention should not be obvious - Any invention that is
obvious to a highly educated person from the same field as
the invention won't be granted as a patent. Things like
simply automating a manual activity, changing the sequence
of adding ingredients, or reversing the arrangement of parts
may be considered as reasons for obviousness.

|8|
JPMorgan Chase secured a patent for a "cryptocurrency system"
in the late 2010s. Based on which they launched a blockchain
based platform, Onyx, in 2020. It is aimed to improve the quality
of payment transactions, without the volatility of existing
cryptocurrencies.

|9|
 The invention should be industrially applicable - In other
words, the invention should be practical, something that can
be implemented.

As a result of these criteria, a "perpetual motion machine",

which is not feasible, can never be patented.

| 10 |
 Interesting Patents

Did you know all the big corporations/tech giants around the
world are filing multiple different patents every day? Although it
may look like a simple feature in your handheld gadget, there are
sometimes several different patents filed to allow these
companies to prevent others from stealing their idea/features
without permission.

Here are a few interesting patents that you may not be aware of:

Although Elon Musk is mostly known for his contribution to

Electric Vehicle, he once published a patent in 2001 that
enabled a person to make a phone call through a website -
US6185194B1

| 11 |
| 12 |
World-famous filmmaker James Cameron published a
patent in 1991 for a device with propellers that allow the
cameraman to easily maneuver in the water, for the film The
Abyss - US4996938A

| 13 |
 Weird Patents

There exists a huge number of patents all over the world

spanning different time periods. While most of them are based
on complex technologies, a few of them protect some really
interesting inventions. Here's a list of few such patents:

An animal trap that uses a revolver to kill the trapped animal

- US269766A

| 14 |
A pair of eyewear glasses which are attached to a human
through pierced studs - US7066592B2

| 15 |
Apple accused Samsung of copying the design and features of
its iPhone and iPad products in 2011. The case led to heated
debates in the tech industry, resulting in various legal battles
worldwide.

| 16 |
 What Is Patent Infringement?

Patent infringement refers to the unauthorized use,

manufacture, sale, or importation of an invention or technology
that is protected by a valid and enforceable patent.

If a patent holder believes their patent is being infringed upon,

they can take legal action against the alleged infringer to
enforce their exclusive rights. This usually involves filing a patent
infringement lawsuit, where the court will decide whether
infringement has occurred and what remedies, such as monetary
damages or injunctive relief, should be awarded to the patent
holder.

| 17 |
| 18 |
Arrow connecting "A" to "Z" in Amazon logo signifies, it
offers everything from A to Z.

| 19 |
Trademark
Building Brands
that Stand Out
The first Apple logo was Newton sitting under the apple tree.

| 20 |
 Introduction

Have you ever wondered why certain brands have unique logos
or catchy names that instantly pop into your mind? Well, it's all
about trademarks!

In this chapter, we'll embark on a journey to explore trademarks,

their significance, and unravel fascinating insights into famous
trademarks and landmark trademark cases.

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Bird Logo named after former NBA player "Larry Bird"

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 The Coca-Cola recipe is one of the most closely guarded trade
secrets in the world. Only a few senior executives have access to
the complete formula, which is stored in a secure vault.

| 23 |
 What are Trademarks?
Imagine you're at a supermarket, and you spot a can of your
favorite soft drink. How do you instantly recognize it? That's
where trademarks come into play.

A trademark is a special symbol, name, phrase, logo, or even a

sound that helps identify and distinguish a particular brand or
product from others. It acts as a unique signature that sets a
brand apart from its competitors.

For example, the swoosh of Nike or the interlocking rings of

Audi are instantly recognizable trademarks.

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 "Should I add the name?"
"Naah! We are famous."

McDonald's got so famous that they

stopped adding their name to the logo.

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 Significance of Trademark

Brand Recognition: Trademarks help consumers identify and

remember their preferred brands. When you see the iconic "Just
Do It" slogan alongside the Nike swoosh, it triggers instant
recognition and familiarity.

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Trust and Reputation:
Trademarks build trust and
reputation for brands. When
you encounter a brand with a
strong trademark, it carries a
promise of quality, reliability,
and consistency. Take the
luxury fashion brand Louis
Vuitton, whose LV monogram
signifies elegance and
exclusivity.
Market Differentiation: In a
crowded marketplace,
trademarks provide a distinct
identity to products or
services. They enable brands to
stand out from the
competition. Consider the
Apple logo—a half-eaten apple
—a symbol of innovation and
sleek design.

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 What Is Trademark
Infringement?
Trademark infringement is defined as the unauthorized use of a
trademark or service mark. This use can be in connection with
goods or services and may lead to confusion, deception, or a
misunderstanding about the actual company a product or service
came from. Trademark owners can take legal action if they
believe their marks are being infringed. If infringement of a
trademark is proven, a court order can prevent a defendant from
using the mark, and the owner may be awarded monetary relief.

| 28 |
Copyright
Preserving Creativity
and Expression
 Introduction

Ever stumbled upon the term 'copyright' in books or heard about

it in passing conversations? It's a concept integral to the realm
of creation and protection.

To truly grasp its significance, imagine being a musician with a

chart-topping song. You'd want control over your masterpiece,
wouldn’t you? Well, copyright ensures creators like you hold the
reins to their creations. But what does this really mean? Delve
into the next page to discover the power and protection behind
copyright.

| 29 |
 What is A Copyright?

Picture this: You're a gifted musician who crafts an outstanding

song. You share this masterpiece with friends and bask in their
appreciation. With copyright by your side, you possess the sole
authority to determine the destiny of your song. Whether you
wish to perform, stream, or sell it, the choice remains exclusively
yours.

Now, imagine stumbling upon a video online where your song

plays without any acknowledgment to you. With copyright, not
only do you realise the video's creator should've sought your nod
but also that your creation remains safeguarded. This is the
power and protection of copyright.

| 30 |
Copyright is a type of intellectual property that protects original
works of authorship as soon as an author fixes the work in a
tangible form of expression.

Copyright is a legal term that refers to the exclusive rights

granted to creators and owners of original creative works. It is a
form of intellectual property protection that gives the creator
the sole right to reproduce, distribute, perform, display, and
modify their work.

| 31 |
 What Is An Original Work?
Works are original when they are independently created by a
human author and have some degree of creativity.

This basically means that you have created the work without
copying it from someone else.

What Is Fixed Work?

A fixed work refers to a creative work that has been expressed or
recorded in a tangible form. It is the requirement that a work
must exist in a fixed or tangible medium to be eligible for
copyright protection.

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 Examples Of Copyright
Literary Works: Books, articles, poems, manuscripts, and other
written works that are recorded in physical or digital form.

Artistic Works: Paintings, drawings, sculptures, photographs,

illustrations, and other visual or graphic creations that are fixed
in a physical or digital format.

Musical Works: Compositions, songs, sheet music, and other

musical creations that are recorded or notated in a physical or
digital medium.

Dramatic Works: Plays, scripts, screenplays, choreographic

works, and other dramatic or theatrical works that are recorded
or written down.

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Audiovisual Works: Films, videos, television shows, animations,
and other audiovisual content that is recorded or stored in a
physical or digital format.

Copyright Infringement case example (2023):

| 34 |
Sound Recordings: Recordings of music, spoken words, sounds,
or other audio content that are stored in physical or digital
formats.

Software Programs: Computer programs, software codes,

applications, and other computer-related works that are fixed in
a tangible medium, such as a hard drive, disk, or memory.

| 35 |
 Famous Copyright cases

1. Apple vs Microsoft

vs

Apple filed a lawsuit against Microsoft in 1988, shortly after the

release of Windows 2.0. At the time, Apple accused Microsoft of
plagiarizing the graphical user interface found on the Macintosh
system without permission or a license.

But.....

Apple did in fact grant Microsoft permission to use Macintosh's

design elements in Windows. Apple's legal department did not
receive the memo, after the release of Windows 2.0 and the court
ruled in favour of Microsoft

| 36 |
2. Bratz vs Barbie
Carter Bryant, the creator of Bratz, was previously employed by
Mattel, the manufacturer of Barbie. During his time working at
Barbie, he came up with the idea for Bratz, which he later sold to
one of Mattel's biggest competitors, MGA Entertainment.

Mattel sued both Bryant and MGA in 2008, claiming that

Bryant's idea was stolen intellectual property. MGA countersued,
resulting in the two doll manufacturers locking horns.

The lawsuit concluded in 2013 with a verdict in favor of MGA and

an award of $170 million in damages, but Mattel would file an
appeal to overturn the verdict, causing both parties to walk away
empty-handed.

| 37 |
 What Is Copyright
Infringement?
Copyright infringement occurs when someone uses, copies,
distributes, or modifies a copyrighted work without the
permission of the copyright owner. In such cases, the copyright
owner can take legal action to protect their rights and seek
remedies for the unauthorized use of their work.

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As you close this book, take a moment to reflect on the world of
Intellectual Property you've just explored. Here are a few
questions to ponder.

Can you think of an item in your daily life that should have a
patent? Why?

Name a brand or logo that influences your choices. Why is it

impactful to you?

Think of a favorite song or book. How would you feel if

someone else claimed it as theirs?

Where's the line between inspiration and imitation? How

might that influence innovation and creativity in society?

How do you envision the future of patent, trademark, and

copyright laws in the next 10 years?
Notes