MÜY 691

New Product Development

Patents and Intellectual

Property
Intellectual Property
 Types of Intellectual Property
Intellectual Property

Utility Patent Design Plant Patent Trademark Copyright Trade Secret Geographical
Patent Indication

1. novel ornamental new word original proprietary unique

2. useful design composition or expression and regional
3. non-obvious only of matter symbol of work useful qualities

requires formal application may be registered not registered registered

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 Overview of Intellectual Property
What’s Protected? Examples Protection Lasts for
iPod, chemical fertilizer, process of 20 years from the date of filing regular
Utility Patent Inventions
manipulating genetic traits in mice patent application

Unique shape of electric guitar, design for

Design Patent Ornamental (nonfunctional) designs
a lamp
14 years

Books, photos, music, fine art, graphic The life of the author plus 70 years (or
Michael Jackson’s Thriller (music, artwork
Copyright images, videos, films, architecture, computer
and video), Windows operating system
for some works, 95 years from first
programs publication)

Formulas, methods, devices or compilations Coca-Cola formula, survey methods used As long as information remains
Trade Secret of information which is confidential and by a pollster, new invention for which confidential and functions as a trade
gives a business an advantage patent application has not been filed secret

Words, symbols, logos, designs, or slogans As long as business continuously uses

Coca-Cola name and distinctive logo,
Trademark that identify and distinguish products or
Pillsbury doughboy character
trademark in connection with goods or
services services
 Trademark
§ Valuable for building and protecting a brand
§ A “mark” under which you sell goods and services
o House trademark – Trade dress
o Product trademark – Service mark
o Federal registration available in US (TM or SM → ®)
§ Strength of trademark depends on distinction
o Generic
o Descriptive
generally
stronger

o Suggestive
o Arbitrary
o Fanciful
§ Check availability at US Trademark Database www.uspto.gov and
at WIPOGlobal Brands Database www.wipo.int
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 Copyright
§ The right to make copies
o Arises from simply creating a work
o Protects the expression – not the idea
o great for music, poor for software
§ Default copyright ownership
o Owned by author unless otherwise agreed
(e.g., by employee or contractor agreement)
§ Open source
o For sharing and building
§ © notice format is flexible
o Copyright © 2018, MyBiz, Inc., All Rights Reserved
o © 2018 MyBiz
o Copyright MyBiz

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 Trade Secret
§ Confidential information that is used for
competitive advantage
§ Prevents, but does not block, others from
developing similar knowledge
§ Lasts as long as you can keep it secret
§ Must actively work to protect trade secrets
– Nondisclosure agreements
– Confidential markings
– Employee education Product
Development
Process
Handbook

XYZ Inc.
Confidential
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 Patent
§ A limited-time monopoly, granted by government, in
exchange for publicly sharing new, useful knowledge
o 20 years from filing date in US, Europe, and many other
countries
§ Gives owner the right to exclude others from
practicing their invention
o Owner’s right to practice may be limited by others’ prior
patent rights (e.g., when extending a patent with more
specific claims)
§ Patent search:
o US www.uspto.gov
o US www.google.com/patents
o Global www.wipo.int 7
Requirements to Obtain a Patent
§ Novel
o beyond what is already patented or known
o prior art must be cited

§ Useful
o for some demonstrable need or value
o initial commercial success may demonstrate

§ Not obvious
o “to one of ordinary skill in the art”
o prior art “teaches against”
o inventive, rather than simple modification

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 Patent Application
Patent application includes text and diagrams:
§ Field of the invention
o Describe the problem addressed
§ Background of the invention
o Describe the prior art (prior inventions)
o List advantages over existing methods
§ Detailed description
o Best mode: the best way to implement the invention
o Examples of use and modes of implementation
§ Claims
o What exactly is the invention
§ Provisional patent application (optional)
Establishes date of filing before examination begins
o 1 year to file full regular application
o Public disclosure allowed after provisional is filed
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 Parts of a Patent
The typical patent consists of four main parts:

1. Front page(s)
2. Drawings
3. Specification
a. A background section
b. A list of drawings
c. A detailed description
4. Claims

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 Front page

Coffee cup sleeve

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Drawings

A liner surface 22 and an outer surface 24 sandwich a

corrugation 21. The assembly 200 forms a tubular
shape whose diameter changes linearly with length so
as to form a section of a truncated cone. The smooth
outer surface 24 provides a smooth surface onto
which graphics may be printed. Corrugation 21 is
bonded to outer surface 24 and liner surface 22 with
a recyclable adhesive. 12
Specifications

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Claims

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 D.W. Coffin Sr., US Pat.# 5,205,473:
Claims 1 and 2
A beverage container holder, comprising a corrugated
tubular member comprising cellulosic material and at
least a first opening therein for receiving and retaining
a beverage container, said corrugated tubular member
comprising fluting means for containing insulating air;
said fluting means comprising fluting adhesively
attached to a liner with a recyclable adhesive.

The holder of claim 1, wherein said tubular member

further comprises a second opening wherein said first
opening and said second opening are of unequal cross-
sectional dimensions

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