Discovering the value in Intellectual

property


Patterns of Entrepreneurship
Chapter 8
Intellectual property
Intangible property that is the result of creativity,
such as Trademarks, copyrights, etc.
Patents
Copyrights
Trademarks
Trade secrets
Other results of intellectual activity
Know-how
Chip (and other) designs
Plant designs
"Ways of doing"

Intellectual property
Intellectual property is important to the
entrepreneur because it can generate profits
and create a form of competitive advantage.
Trademarks
Trademark is a recognizable sign, design or expression which
identifies products or services of a particular source from
those of others.
Trademarks are in some cases synonymous with brands.
Trademarks
Service mark : It applies to services rather than to
products)

Collective mark : Owned by an organization (such
as an association), used by its members them to identify
themselves with a level of quality or accuracy, or other
characteristics set by the organization.

Certification mark : Is used by entities other than
the owner of the mark but with the owners permission.
What is the value of Trademark?
Consumer form impression about different
product or services.
Impressions guide the consumer in making
decisions.
Trademark help in forming those
impression.

How are Trademark Registered?
Prepare Application
(Trade mark is described with ownership declaration)
Prepare Drawings
(Formal drawing on white paper using black ink)
Prepare document
(Prepare image, photograph, or artist rendering)
How Are Trademarks Selected
Selecting the right trademark can be a useful
marketing tool, creating a favorable
impression on target consumers.

Choosing a distinct trademark also serves to avoid
issues of trademark infringement.
How Are Trademarks Selected
There are some rules to follow to avoid running into
trouble.
The first is to avoid using marks similar to those of
competitors.
Descriptive of product or services the company may
offer should also be avoided.
Avoid Family or city name.
Avoid Generic Terms.

How Are Trademarks Selected
The best trademarks are those that apply
terms that are unique.
The ideal mark is one employing a coined term.
Go for Suggestive mark.
Arbitrary
Trademarks
It is highly advisable that an applicant
conduct a search of existing marks before
submitting a trademark application.
Trademark is a transferable asset.
It can be Licensed or sold by their owners to
generate revenue.
Copyrights
Copyrights are instruments of legal protection
given to authors of original work of writing, art,
musical composition, photography, and
architectural design.
How do copyrights help
Entrepreneurs?
How do Entrepreneurs obtain a
copyright ?

Declaration
Application
Deposit
Issue
How are copyrights protected and
Enforced?
To protect their works from copyright
infringement, copyright holders must
provide comprehensive notice of their
copyright.
Get registered with USCO.
Patents
The U.S Government originally established patents as a
way to encourage invention and technological progress
by granting those who brought such progress to the
nation rights from which they could gain personally.
In the United States, a design patent is a form of legal
protection granted to the ornamental design of a
functional item. Design patents are a type of industrial
design right. Ornamental designs of jewelry, furniture,
beverage containers.
Plant Patents are issued to individual who have
invented or discovered a novel type of plant.
Patents
Utility patents are issued to individuals who have
invented novel processes, or improvement.
What are the qualification for a Patent
to be granted?
Scope
Utility
Novelty
Non-Obviousness
Reduction to practice
What professional Assistance is
Available?
In order to ensure that adequate background work is
done in producing a patent application for submittal,
inventors should seek the services of a registered patent
agent or attorney.
Agents
Attorneys
Representative
What is Prior Art ?
Prior art refers to prior inventions that may affect the
patentability of the invention.
Internet search
Agencies
Government Resources.
What is the Patent Application Process?
USPTO offers a choice of two patent application
depending on what state of development an inventors
subject is in at the time.
Non-provisional application
Provisional Application.

Patent Review Process
Patent Pending
Patent Grant
Trade Secret
A trade secret can be any useful information
that is not generally known.
Anything you dont want the competition know.
Confidential


Advantages and Disadvantages
Trade secrets greatest advantage over other forms of
intellectual property may be in the potentially limitless
duration of its value and service to its owner.
Cannot be protected.
Can be licensed.
How Are Trade Secret Protected?