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2/11/2024

MMS 7201 Product Design and Introduction

LECTURE 2

Innovation in Product Design

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Lecture Two Outline

2. Innovation in Product Design


2.1 Importance of Innovation
2.2 Models of Innovation and Routes to Innovation
2.3 Roles of Markets and Users as Design Drivers
2.4 Intellectual Property
2.4.1 Intellectual Property Rights
2.4.2 Ownership of Intellectual Property
2.4.3 Categories of Intellectual Property Protection

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2. Innovation in Product Design

❑ Innovation is the action of creating a


new or improved product, process,
marketing method, or organizational
method that adds value to various
stakeholders, can be monetized, or
provides a competitive advantage
and is sustainable

✓ Development of new competitive


and innovative products is a
prerequisite for every business
organisation to be successful.

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2.1 Importance of Innovation

❑ Innovation enables: The customers’


(1) A company’s products to meet the decision-making in
needs (both felt and unfelt needs) of acquisition of a
the users and be competitive in the product is influenced
market. by both product
(2) A customers’ acceptability of the price and product
product because success of the design attributes,
product is dependent on creating such as: aesthetics,
unique and superior product features, and
characteristics as perceived by the ergonomics.
customer.

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Product Design Attributes which Important Product Design Attributes

Features (Technical/ Performance/ Usefulness) Attribute: Features of a


product refer to product components, dimensions, materials used, etc. The
are Important to a Customer

features of a product are important for functionality and usefulness of the


product

Aesthetics Attribute: Aesthetics is a perspective of beauty and


appreciation for beauty and it influences sensation and perception.
Customer usually respond to product design based on appearance i.e. the
external appeal of a product

Ergonomic Attribute: Ergonomics is an aspect of product design that puts


into consideration the comfort and safety of the user when using the
product. Customers appreciate product designs based on the product
safety, comfort, and user friendliness

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Areas of Innovation

Areas of
Innovation

Paradigm/ Position
Product/ Service Process
Innovation Business Model Innovation
Innovation Innovation Innovate in marketing
Innovate in “WHAT IT
DOES” OR “WHAT IS Innovate in “HOW IT IS Innovate in “HOW mix and strategy:
DONE” DONE” TO MAKE MONEY” “WHERE, WHO, HOW
MUCH”

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Characteristics of Innovative Companies

Competitive
Adaptable
Better products,
Flexible
Innovative services,
company
Companies processes,
strategy,
business models,
structure, and
and marketing
culture.
strategies.

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Top Innovative Countries

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Top Innovative Companies

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2.2 Models of Innovation and Routes to Innovation

Models of Innovation

(1) (4)
(2)
Linear Models (3) Open Innovation
Simultaneous Model: Network
(1950s, 1960s, 1970s) Coupling Model Interactive Model Model (2000s)
(1) Technology Push of (1980s) (1990s)
Research projects
the 1950/60s Simultaneous Interactive model of generate
(2) Market Pull of the coupling model of the 1990s innovations of the
1970s the 1980s 2000s

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The Chronological Development of Innovation Models

Period Model Characteristics

1950/60s Linear Model - Technology Push Model Simple linear sequential process; emphasis on R&D;
the market is a recipient of the fruits of R&D
1970s Linear Model - Market Pull Model Simple linear sequential process; emphasis on
marketing; the market is the source for directing
R&D; R&D is reactive to market demand
1980s Simultaneous Coupling Model Emphasis on integrating R&D and marketing
1990s Interactive Model Combinations of Technology Push Model and
Market Pull Model
2000s Open Innovation Model (Network Emphasis on knowledge accumulation and external
Model) linkages

Sources: R. Rothwell, (1992). Successful Industrial Innovation: Critical Factors for the 1990s, R&D Management, Vol. 22, No.3, 221-39;
Ondřej Žižlavsk, (2013). Past, Present and Future of the Innovation Process International Journal of Engineering Business Management, Vol.
5, 47:2013, DOI: 10.5772/56920

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(i) Linear Models of Innovation (1950/60s and 1970s)

Linear Model: Technology Push (1950/60s)

Research
and Manufacturing Marketing
Development

Linear Model: Market Pull (1970s)

Research
Marketing and Manufacturing
Development

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(ii) Simultaneous Coupling Model of Innovation (1980s)

Manufacturing

Research
Marketing and
Development

Simultaneous Coupling Model of Innovation (1980s)


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(iii) Interactive Model of Innovation (1990s)

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Interactive Model of Innovation

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(iv) Open Innovation Model (2000s)

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Routes to Innovation

❑ The Four Routes to Innovation include:

1. Idea Route: Where good ideas guide innovation

2. Technology Route: Where new technologies spark innovation.

3. Customer Issue Route: Where innovation is born out of customer


frustration.

4. Business Challenge Route: Where business fuels innovation

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The Four Routes to Innovation


1. Idea Route: 2. Technology Route: New 3. Customer Issue 4. Business Challenge
An idea or technologies spark Route: Innovations Route: A business
opportunity innovation, e.g. the can be born out of that is active in
can be development of new game customer frustration. innovation gives
developed into consoles, the internet of innovation priority.
✓ Constant
a well- things or 3D printing Unilever, a global
frustration due to
founded give huge opportunities company selling
poor service offered
convincing for the development of consumer goods,
US domestic flights
new product, new products and employs innovation in
made Richard
as a product services. development and
Branson, Virgin
of a startup marketing of
✓ Transform a new Group founder, to
business or as household products,
technology into a well- launch Virgin
a product of such as detergents
founded convincing America, which is
an existing (e.g. the brand Omo),
new business case for now appreciated for
corporate that meet the needs of
new products and customer service.
innovator. the users.
services.

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2.3 Roles of Markets and Customers (End-Users) as Drivers of Product Design

❑ The user is at the core of the ❑ There are at least three customer
market orientation of design roles in any marketplace transaction,
projects, the customers are end- namely:
users whose needs must be met.
1. Buying (i.e. selecting) the product
✓ Developing an understanding
of the customers’ buying habits
2. Paying for the product
is important in improving the
firm’s marketing practice for
increased impact of the 3. Using (or consuming) the product
customers’ response to the
product.

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Types of Customers and Customer Roles

Types of Customers Types of Customer Roles


Buyer

Individual Customer Payer

User

Customer Buyer

User
Organizational Customer
Influencer

Decider

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Customer Roles Specialization


1. User is Buyer and 2. User is neither Payer 3. User is Buyer but 4. User is Payer
Payer nor Buyer is not Payer but not Buyer

This is
This is where a single This is where the person This is where the where the
person (customer) is who uses the product is user may be the user is
responsible for all of the not the one who pays for buyer (selector) payer but
three customer roles of the product nor buys but is not the is not the
buying (i.e. selecting), (selects) the product (i.e. payer for the buyer
paying, and using (i.e. the user is different from product; this (selector);
be a buyer, payer, and both the payer and the includes e.g. in
user/consumer); this is buyer); often the case in purchasing situations
often the case for customers of a range of decisions made on where
customers of consumer products, e.g. household expense. This type brokers
products purchased for items purchased by the of consumer act as
personal use, e.g. housewife for her situation presents agents for
clothing, sports children and the husband a risk of over- clients.
equipment, etc. pays. consumption.

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Product Value sought by Each of the Three (3) Customer Roles

❑ The product values sought by each of the three customer roles include:

1. A buyer seeks for the service value.

2. A payer seeks for the price value.

3. A user/consumer seeks for the performance value.

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2.4 Intellectual Property


❑ According to the World Intellectual Property
Organization (WIPO) and Uganda Registration
Services Bureau, “Intellectual Property are
creations of the mind, such as inventions
(designs), literary and artistic works, symbols,
names of products, computer code, and images
used in commerce”.
❑ Intellectual Property is something unique
that is physically created and differentiates a
business offering.
✓ An idea alone is not intellectual property;
e.g. an idea for a book doesn’t count as
intellectual property but the words written
in a book do count as intellectual property.

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2.4.1 Intellectual Property Rights

❑ Intellectual property ❑ Intellectual property rights are customarily divided


rights are the rights into two main categories:
given to persons 1. Industrial Property
over the creations of
▪ Inventions (designs): Protection by patents;
their minds.
▪ Industrial designs, and trade secrets: Protected
❑ Intellectual property by utility patents;
rights give the ▪ Distinctive signs, words and phrases: Protected
creator an exclusive as trademarks;
right over the use of ▪ Geographical Indications: Identify a good as
his/her creation for a originating from a place with specific attributes.
certain period of
time. 2. Copyright: Literary Works and Artistic Works

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Intellectual Property Protection


❑ Intellectual property protection covers areas of:
1. Industrial Property (Patents and Trademarks)
2. Copyright (Literary Works and Artistic Works)

❑ Intellectual property rights are the legal rights to ownership


of intellectual property that guard against unfair competition.

✓ An organization can suffer when its intellectual property is


used without permission. Therefore, intellectual property
protection helps the intellectual property owner to stop
people from stealing or copying their intellectual property

❑ Intellectual property legislation protects the rights of creators


of intellectual works such as: Patents, Copyright, and
Trademarks.

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Purpose of Intellectual Property Protection

1. The social purpose of intellectual property 3. The exclusive rights given to


protection is to provide protection for the intellectual property (IP)
results of investment in the development of new owners are subject to some
technology thus giving the incentive and means limitations and exceptions
to finance research and development activities. which are aimed at creating
the balance between the
✓ The main social purpose of protection of legitimate interests of
copyright is to encourage and reward intellectual property rights
creative work. holders and interests of users.

2. A functioning intellectual property regime ✓ The IP protection is usually


facilitates the transfer of technology in the given for a finite term
form of foreign direct investment, joint ventures (typically 20 years in the
and licensing. case of patents).

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2.4.2 Ownership of Intellectual Property

❑ An owner of intellectual property is a ❑ Intellectual property


person or company who: can:
1. Exclusively created the intellectual property 1. Have more than one
that meets the requirements for a patent or owner; e.g. joint
copyright.
researchers make an
2. Is a recipient of IP ownership transfer: i.e. a invention and register
person who bought intellectual property rights the Patent.
from the original creator or from a previous
owner. 2. Belong to people or
businesses.
3. Has a distinctive mark or symbol that could be
a trademark, e.g. a well-known product name: 3. Be sold or transferred.
Coca Cola is a Trade Mark TM of the Coca Cola
company
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Ownership of Intellectual Property by Employees

❑ Self-employed individuals:

✓ Usually own the intellectual property even if their work was


commissioned by someone else (unless if the contract with
them gives them the rights to co-own intellectual property).

❑ Employed individuals:

✓ Usually won’t own the intellectual property for something


they created as part of their work while being employed by
someone else.

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2.4.3 Categories of Intellectual Property Protection

Categories of Intellectual Property Protection

A. Industrial Property: B. Copyright:


- Patents (Inventions, - Literary Works (e.g. novels, poems & plays, films; music);
Industrial Designs and - Artistic Works (e.g. drawings, paintings, photographs and
Trade Secrets); sculptures); and
-Trademarks (Distinctive - Architectural Design.
Signs, Symbols, Words,
- Rights related to copyright include those of performing
Phrases and Images used artists in their performances, producers of sound
in commerce); and recordings, and broadcasters in their radio and television
- Geographical Indications. programs.

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A. Industrial Property Rights


❑ Industrial property rights can be divided into the following areas:
1. Patents: Inventions, industrial designs, and trade secrets
▪ These are protected primarily to stimulate innovation, design and the creation of
technology.
2. Trademarks: Distinctive signs, symbols, words, phrases and images
▪ Distinctive signs of products/ businesses are protected to stimulate and ensure fair
competition and to protect consumers by enabling them to make informed choices
about products and services of different business entities.
▪ Protection of distinctive signs may last indefinitely provided the sign in question
continues to be distinctive.
3. Geographical Indications: These identify a product as originating from a place so
that a given characteristic of the product is attributable to its geographical origin.

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1. Patents
❑ Patentable subject ✓ Patentable subject matter is any new and
matter (also known useful invention of a process, machine/device,
as patent eligibility) manufactured articles, industrial process, or
refers to an composition of matter (chemical Composition).
invention that
meets the standards ✓ Patent rights can also be given for any useful
for patent protection improvement of an existing invention.
as set by the patent ▪ An existing patent for the original invention
registration office is called the Dominant Patent.
(e.g. Uganda
▪ A patent for the improvement of an existing
Registrations
patent is called the Subservient Patent.
Services Bureau,
ARIPO, WIPO).

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Purpose of a Patent

❑ Purpose of a Patent: Patent applications


✓ A patent gives the inventor of claimed
exclusive rights to commercially inventions that don’t
exploit an invention (product or
process they have created) for the qualify as patentable
life of the patent and protects an subject matter by the
invention from being copied. definitions of the
✓ An inventor commercially exploits patents office and
an invention either by operating it the courts are
themselves or by licensing others
to use it. rejected.

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Two Criteria for Eligibility of an Invention as Patentable Subject Matter

❑ To qualify as patentable subject matter, an 2. Judicial: For the claimed subject matter to
invention has to satisfy two criteria: satisfy the criteria of judicial requirement as
patentable, it must NOT fall within the
1. Statutory: For the subject matter of the
following judicial exceptions recognized by
claimed invention to be patentable, it must
court as basic tools of scientific and
fall into one of the four statutory categories:
technological work:
(a) Process a) Laws of Nature
(b) Machine b) Products of Nature (e.g. wind)
c) Abstract (nonconcrete/intangible) ideas (e.g.
(c) Manufactures
mental processes like a mathematical
(d) Composition of matter algorithm)
▪ Process category defines “actions” (i.e. ▪ A claimed invention must satisfy the statutory
inventions that consist of a series of steps standards for patent eligibility and must not fall
or acts to be performed) while the machine, under the judicial exceptions, unless if the claimed
manufactures or composition of matter invention as a whole includes additional limitations
categories define “things” or “products”. which significantly amount to more than the
exception.

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Judicial Exceptions and Limitations

Judicial ❑ The laws of nature exception was first


exceptions are established by court in the Morse case
considered by of 1854, in which the inventor wanted
court as basic a patent both for the electro-magnetic
tools of scientific telegraph and electro-magnetism.
and technological ✓ The court granted the patent
work and so protection for the telegraph but
granting patent denied patent protection for
rights to such electro-magnetism which is a
may impede law of nature rather than a
innovation. novel invention.

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Five Conditions for a Claimed Invention to Qualify to be Patented

1. Be Patentable Subject 2. Be a novel, non-obvious invention: The invention must


Matter: A claimed be new and novel (original/ innovative. The invention must
invention must meet the not be obvious, i.e. the purpose of the invention is not
definition of patentable simply a logical extension of something that is already
subject matter as defined patented.
by the patent office and
court. Patentable subject 3. Non-Prior Disclosure: The inventor has not disclosed the
matter is any "new and invention to the public before filing the application for
useful" machine, patent protection; the patent must be a secret at the time of
manufacture, process, or filing the patent application.
composition of matter. 4. Usefulness: For utility patents, the subject matter must be
No patents are given for useful (or offer utility; design and plant patents are exempt.
products or laws of
nature, e.g. sunlight, 5. Be fully described: The patent applicant must fully
wind. describe the inventive content in a patent application.

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Types of Patentable Subject Matter (1)

(1) Plant Patents (2) Process Patents (3) Machine Patents

These apply to sexually reproduced plant


seeds and asexually reproduced plants
which results from scientific experiments
that combine different species of plants to This includes a method or
create new seeds and plants. These series of steps designed
patents last 17 years and are the least to achieve an end result, This includes a
commonly granted type of patents. and that end result does device made up of
A plant patent is obtained to protect new not have to be an moving or fixed
and distinctive plants. invention in and of itself. pieces that work
In other words, the together to
The requirements for obtaining a plant process can be the perform a task
patent are: that the plant is not a tuber invention, not the end
propagated plant (i.e. an Irish potato); that result
the plant is not found in an uncultivated
state, and that the plant can be asexually
reproduced

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Types of Patentable Subject Matter (2)

(5) Utility Patents (6) Design Patents


(4) Manufacture Patents

Utility patents cover


processes, compositions of
matter, machines, and
A manufacture Patent is manufactures that are new A Design Patent covers the
something that is human and useful. surface ornamentation of an
or machine built and is object defined by the shape or
A utility patent also covers the configuration of an object.
distinguishable from new and useful improvements
something produced by to existing processes, A design patent only protects
nature. An example is a compositions of matter, the object's appearance but not
machines, and manufactures. the functional or structural
vehicle as opposed to oil. features of the object.
Utility patents stay in force for
20 years from the date of
filing.

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Plant Patent
❑ A plant patent is obtained to protect new and distinctive plants.
❑ The requirements for obtaining a plant patent include:
1. That the plant is not a tuber propagated plant (i.e. an Irish potato).
2. That the plant is not found in an uncultivated state, and
3. That the plant can be asexually reproduced.
✓ Asexual reproduction means that the plant is reproduced by
grafting or cutting the plant, not necessarily being reproduced
with a seed.
✓ Plant patents require asexual reproduction as proof that the
patent applicant can reproduce the plant.

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Utility Patent
❑ Utility patent is the type of patent whose protection covers processes,
compositions of matter, machines, and manufactures that are new and useful.

❑ The utility patent also covers useful improvements to existing processes,


compositions of matter, machines, and manufactures.
a) Processes: These are the acts or methods of doing something, which involve
industrial or technical processes.
b) Compositions of matter: These are chemical compositions which can be a
mixture of ingredients or new chemical compounds.
c) Machines: These are the things that are machinery, such as a computer.
d) Manufactures: These are the goods that are manufactured or made.

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Design Patent
❑ Design patent covers the surface ornamentation of an object defined by
the shape or configuration of an object.
✓ A design patent only protects only the object's appearance but not
the functional or structural features of the object.
▪ However, to obtain the design patent protection, the design must
be inseparable from the object.
✓ A utility patent will then be required to protect the functional or
structural features of an object.
✓ Therefore, an inventor needs to file for both a design patent and a
utility patent in order to obtain a complete protection of the object
appearance and functional or structural features of the object.
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Application for a Patent

❑ In applying for a patent, a patentee ❑ Patents can be applied for through:


must define and disclose the
1. National Patent Offices, e.g. Uganda
invention to the national Patent Registration Services Bureau (URSB)
Office (URSB) which investigates or United States Patent and
whether the invention is new and Trademark Office (USPTO)
non-obvious.
2. The Patent Co-operation Treaty, an
❑ Patents increase merit the incentive international system for the multiple
to spend on research and filing of patent applications, or
development.
3. The European Patent Convention,
❑ Patents have the disadvantage of which grants protection to an
restricting the diffusion of new invention in all countries that are
parties to the convention.
techniques.

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Element of a Patent System and Patent Protection

❑ The patent system has two fundamental elements, namely:


1. Patent Protection
2. Patent Information Disclosure

❑ Patent protection is territorial:

✓ A patent is only valid in a particular country in which the patent


application is filed i.e. the technology is only protected in that
country where the patent application is filed. However, patent
information is global and is in the public domain such that one can
learn from information that is disclosed in a patent document.

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Access to Patent Information

❑ Patent information can be accessed ❑ There are some patent databases that
from patent databases. can be accesses without subscription.

❑ There are two types of patent ❑ The free-of-charge patent databases


databases, namely: include:

1. Free-of-charge databases, and 1. Regional and international


organizations, e.g. PATENTSCOPE,
2. Commercial databases. espacenet.
❑ There is need to know specific
2. National patent offices, e.g. US patent
advantages of each database of each
office (USPTO), Japan patent office
type, e.g. coverage of documentation,
(JPO), etc.
full-text, search & analysis tools, etc.
so as to obtain the essential 3. Private sector providers, e.g. Google
information from them. Patent, etc.

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Free-of-Charge Patent Databases

❑ There are some patent databases ❑ Research4Life database provides free or low-cost
that can be accesses without access to academic and professional peer-review
subscription. The free-of-charge content online for institutions in developing
patent databases include: countries.

1. Regional and international ❑ Research4 life programmes include:


organizations, e.g. 1. ARDI hosted by the World Intellectual
PATENTSCOPE, espacenet. Property Organization, WIPO
2. National patent offices, e.g. 2. HINARI hosted by World Health
US patent office (USPTO), Organization
Japan patent office (JPO), 3. AGORA hosted by Food and Agriculture
etc. Organization of the United Nations
3. Private sector providers, e.g. 4. OARE hosted by the United Nations
Google Patent, etc. Environment Programme.

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Commercial Patent Databases

❑ ASPI (Access to Specialized ❑ Eligibility for access to ASPI is free for


Patent Information) which least developed countries of which
provides access to advanced Uganda is one.
patent search and analysis tools.

❑ ASPI has partnership with the ▪ A total of 122 developing and least
following five (5) patent database developed countries are eligible to
service providers: access ASPI.

1. LexisNexis, ▪ Middle income countries (World


2. Minesoft, Bank definition) and certain other
3. Questel, developing countries access ASPI at
4. Thomson Reuters, and a nominal cost (per service) / one-
5. WIPS.
year free trial period.

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Examples of Patentable Subject Matter

❑ Examples of patentable subject matter include:

1. Machines

2. Pharmaceuticals

3. Sports equipment

4. Fabrics and fabric designs

5. Business methods and processes

6. Computer hardware

7. Electronics

8. Computer software that produces a useful and tangible result

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Example of a Patented Product:

Monopoly Board Game originally


patented in 1935
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Apple versus Samsung Smartphone Patent Battle

Apple versus Samsung $548M Smartphone Patent Battle reached the U.S. Supreme Court which, in
late December 2017, ruled that the Apple's design patents only cover individual smartphone
components and not the phone itself

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2. Trademark TM
❑ A trademark is a word, phrase, or symbol placed on a good/ item that
identifies the source of the good/ item and distinguishes that good/item
from goods/items of other business undertakings.

✓ A trademark indicates that the good/item has been made by the


company (business entity) that owns that trademark.

✓ Trademarks often include the sign ®, signifying that the mark has
been registered.

✓ When a mark is registered as a trademark, its unauthorized use is


illegal.

✓ Therefore, a trademark is an important marketing device that creates


a strong brand image for a product.
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Trademarks (1)

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Trademarks (2)

The checked pattern on this bag is Burberry’s trademark

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Registration of a Trademark TM

❑ Registration of trademarks is not mandatory.


✓ “Common law” trademark rights can be established based solely on
use of the mark in commerce, without a registration.
✓ However, registration of a trademark with the USPTO (for the case
of USA) or URSB (for the case of Uganda) has several advantages,
including:
(i) Gives a notice to the public of the registrant's claim of ownership
of the mark.
(ii) A legal presumption of ownership nationwide.
(iii) Gives the exclusive right to use the mark on or in connection with
the goods or services set forth in the registration.
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Rights to a Trademark TM
❑ Rights to a trademark comes from actual “use” use of a trademark.

✓ Rights to a trademark can last forever as long as the owner


continues to use the mark in commerce to indicate the source of
goods and services.

✓ If the trademark is registered with the authorized registration


organizations (URSB or USPTO), the symbol ® is used after the
mark which is a trademark.

✓ A trademark registration can also last forever as long as the


owner files specific documents and pays the required fees at
regular intervals.

✓ Rights to trademarks do not expire unlike patents and


copyrights.

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Symbols for Trade Mark ® and Service Mark (SM)


❑ The term “trademark” is often used ❑ Service Mark
to refer to both trademarks and
service marks but a service can be ✓ A service mark is a word,
distinguished from a trademark. phrase, or symbol that
identifies the source of a
❑ A trademark service rather than a good and
distinguishes the service from
✓ The sign ® is used when the that of other service providers.
trademark has been registered.
✓ SM (for services) is used after
✓ TM (for goods) is used after the the mark to indicate a service
mark if the trademark is not mark that is not registered but
registered but the mark is adopted the mark is adopted as a
as a “common law” trademark used “common law” trademark used
to promote or brand goods. to promote or brand services.

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What doesn’t count as a Trademark TM


❑ A business name does not necessarily qualify as a trademark; although
use of a business name as the source of goods (or services) may qualify the
business name as both a business name and a trademark.

❑ Registration of a business (i.e. obtaining a certificate to do business) gives


the registered entity the authority to operate under the registered
business name.

✓ However, a state’s authorization to form a business with a particular


registered business name does not also indicate trademark rights.

✓ Note that other parties could prevent a company’s use of the


registered business name as a trademark if there is a likelihood of
creating confusion with the trademarks of those parties.

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3. Copyright
❑ Copyright is a form of intellectual property protection which includes
literary and artistic creative works, such as: novels, poems, plays,
movies/ films, songs, musical works, drama; artistic works, such as
drawings, paintings, photographs, sculptures; computer software; and
architectural designs.

❑ A copyright is a right of ownership of an original creative work by the


creator (who may be one person or more people).

✓ Copyright is “a set of exclusive rights awarded to a copyright


holder or owner for an original and creative work of authorship
fixed in a tangible medium of expression”.

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Categories of Works Protected under Copyright


❑ The following categories of works are protected under copyright:

1. Literary works (e.g. books, novels, poems, plays, and other writings).

2. Artistic works (e.g. musical compositions, audio recordings, paintings,


sculptures, computer programs, software codes, website content, films/movies,
sound recordings, television and sound broadcasts, and various productions of new
technology, photographs, diagrams, architectural design, and other kinds of
articles).

✓ Artistic works are protected by copyright for a minimum period of 50 years


after the death of the author.

3. Performing artists in their performances (e.g. actors, singers and musicians),


producers of phonograms (sound recordings) and broadcasting organizations, e.g.
sound recordings and broadcasters in their radio and television programs).
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Copyright Protection

❑ Copyright is ownership of the product of an ❑ A copyright gives the creator of


original creative act by one or more people the original creative work the
and right of control over all possible way of exclusive right to control all
reproducing that creative work, i.e. in a possible ways of reproducing that
form which makes it possible to be copied. creative work to stop other people
from using their work without
✓ Copyright is a property owned by the permission, i.e. control over any
creator (unless working under a way which makes it possible for
contract of employment), but it is the work to be copied.
transferrable so the creator can assign
❑ Copyright protection is a limited
full copyright to another party or Lease
statutory monopoly that gives a
out (directly or through a publisher or
copyright holder the sole right to
agent) any of the separate rights (e.g. to
market a work for a limited
translate) which make up the copyright. period of time.

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Ownership of a Copyright

❑ Copyright is a property owned by the


creator (unless working under a
contract of employment).

✓ A copyright is transferrable so
the creator can assign full
copyright to another party or
Lease out (directly or through a
publisher or agent) any of the
separate rights (e.g. to translate)
which make up the copyright.

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Characteristics of Copyrights
❑ The laws of each country differ but the important characteristics of
copyrights that are common to most countries, include:

1. It is finite: at some time or other the work falls into public


ownership and can be copied without permission.

2. It is divisible: copyright in a novel, for example, it will


include the right to publish in translation, to turn into a film,
etc.

3. It is independent of the work as a physical object:


ownership of a manuscript or painting does not in itself
constitute ownership of the copyright.
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Duration of Copyright Protection

Creative artistic works ❑ Copyright protection is in the following


are protected by categories:
copyright for a
minimum period of 1. For works created by an individual, copyright
50 years after the death protection lasts for the life of the author, plus 70
of the author depending years.
the type of creator of the
2. For works created anonymously,
creative works, namely: pseudonymously, and for hire, copyright
(1) Works of an protection lasts 95 years from the date of
individual, or (2) Works publication or 120 years from the date of
created anonymously, creation, whichever is shorter.
pseudonymously, and
for hire. (United States Patent and Trademark Office, 2018)

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References (1)
1. The list of 2018 World’s Most Innovative Companies. Retrieved 14th February 2019 from
http://www.innovationkm.com/the-list-of-2018-worlds-most-innovative-companies-was-
published-and-4-chinese-company-were-on-the-roll/

2. Patentable Subject Matter: Everything You Need to Know. Retrieved 14th February 2019 from
https://www.upcounsel.com/patentable-subject-matter

3. Donald M. Cameron. Patentable Subject Matter. Retrieved 14th February 2019 from
http://www.jurisdiction.com/patweb02.pdf

4. Patent Subject Matter Eligibility. Retrieved 14th February 2019 from


https://www.uspto.gov/web/offices/pac/mpep/s2106.html

5. Copyright and Intellectual Property Toolkit. Retrieved 14th February 2019 from
https://pitt.libguides.com/copyright/definitions

6. Abinyo Susan, Enforcing Intellectual Property Rights in Uganda. Retrieved 14th February
2019 from
https://www.wipo.int/edocs/mdocs/sme/en/wipo_smes_kla_14/wipo_smes_kla_14_t2.pdf

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References (2)

8. Hakil Moon, Jeongdoo Park, and Sangkyun Kim, 2015. The Importance of an Innovative
Product Design on Customer Behavior: Development and Validation of a Scale. Retrieved 14th
February 2019 from https://onlinelibrary.wiley.com/doi/pdf/10.1111/jpim.12172, J Prod Innov
Manag 2015;32(2):224–232.
9. Apple versus Samsung $548M smartphone patent battle returns to court. Retrieved 14th
February 2019 from https://appleinsider.com/articles/18/05/14/apple-versus-samsung-548m-
smartphone-patent-battle-returns-to-court
10. Ondřej Žižlavsk1, 2013. Past, Present and Future of the Innovation Process International
Journal of Engineering Business Management, Vol. 5, 47:2013, DOI: 10.5772/56920
11. Four Routes to Simplify Innovation. Retrieved 4th February 2019 from
https://www.innovationexcellence.com/blog/2016/08/11/four-routes-to-simplify-innovation/
12. Duddy Paul, 2012. Patents. Retrieved 14th February 2019 from 14th February 2019 from
http://pinso.co.uk/2012/09/patents-patents-patents/
13. U.S. Copyright Office. Copyright Basics. Retrieved 12th February 2019 from
http://copyright.gov/circs/circ01.pdf

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References (3)

14. Alan Pipes, 2008, Introduction to Design 2nd Ed., Cengage Learning, ISBN-13: 978-
0132085113 ISBN-10: 0132085119.

15. Brian Curtis, 2009, Drawing from Observation: An Introduction to Perceptual


Drawing Paperback –2nd Ed. ISBN-13: 978-0077356279 / ISBN-10: 0077356276.

16. Clifford Mathews, Engineers Data Book, IMechE, ISBN: 1-86058-175-7.

17. Robin Landa, 2005. Graphic Design Solutions (Design Concepts) 3rd Ed. Cengage
Learning, Lisbon, ISBN-13: 978-1401881542 / ISBN-10: 1401881548.

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