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From page 26... ... 26 This chapter describes the key forms of IP available to a state DOT. It is important to understand what types of creations and inventions are protectable by which forms of IP protection, and how IP protection is established. Read the entire page →
From page 27... ... Forms of IP Protection and Registration 27 5.1.3 Ensure the IP Remains in the Public Domain A state DOT may pursue protection on an invention or creative work to ensure that it remains in the public domain. It may seem somewhat paradoxical that a state DOT might apply for a patent to make sure that a patent remains in the public domain. Read the entire page →
From page 28... ... 28 Management Guide to Intellectual Property for State Departments of Transportation percentage of total revenue that would be given to the state DOT. The risk in this model is that the state DOT's revenue stream is completely dependent on the marketing and commercialization efforts of the IP title holder. Read the entire page →
From page 29... ... Forms of IP Protection and Registration 29 5.2.1 What Is a Patent? A patent is a property right granted by the government to the inventor for a limited time in exchange for public disclosure of the invention. Read the entire page →
From page 30... ... 30 Management Guide to Intellectual Property for State Departments of Transportation may apply. For example, if the patent is granted, there are additional maintenance fees or subsequent continuation fees will accrue, and possibly litigation fees over the lifetime of the patent. Read the entire page →
From page 31... ... Forms of IP Protection and Registration 31 5.2.3 Special Cases for Patents In three areas -- software, biotechnology, and business methods -- patents may be granted that may extend the requirements of utility, design, or plant patents (32) Read the entire page →
From page 32... ... 32 Management Guide to Intellectual Property for State Departments of Transportation • Of published decisions that validate a patent, 44 percent are appealed. • Of infringement-related verdicts, 37 percent are appealed, and the U.S. Read the entire page →
From page 33... ... Forms of IP Protection and Registration 33 Furthermore, applicants could lose their right to patent the invention if the subject matter was published anywhere in the world, or if the invention was otherwise disclosed (by public use or sale) in the United States more than 1 year before the application for the patent was filed -- even if such prior disclosure was made by the applicants themselves (41) Read the entire page →
From page 34... ... 34 Management Guide to Intellectual Property for State Departments of Transportation The AIA creates a new post-grant review procedure by which any person who is not the patent owner can challenge the validity of a patent (47) Read the entire page →
From page 35... ... Forms of IP Protection and Registration 35 A copyright is a statutory privilege that grants a limited or mini-monopoly to a creator or author(s) of an original work of authorship fixed in a tangible or permanent means of expression. Read the entire page →
From page 36... ... 36 Management Guide to Intellectual Property for State Departments of Transportation any legal defense by an infringing party that he or she was unaware of the copyright (61) Read the entire page →
From page 37... ... Forms of IP Protection and Registration 37 5.4.1.4 Collective Works Collective works also are prepared by two or more authors. The intent of a collective work is that the authors' contributions are separable assets. Read the entire page →
From page 38... ... 38 Management Guide to Intellectual Property for State Departments of Transportation 5.4.3.1 Works Made for Hire The general rule of copyright law is that the copyright owner is the individual who authored or created the original work. Only the author or any individual or entity deriving rights through the author can lay claim to copyright ownership. Read the entire page →
From page 39... ... Forms of IP Protection and Registration 39 • The nature of the copyrighted work. This factor considers whether the work is informational or entertaining. Read the entire page →
From page 40... ... 40 Management Guide to Intellectual Property for State Departments of Transportation 5.4.3.5 First Sale Doctrine The first sale doctrine, spelled out in Section 109 of the Copyright Act, limits the rights of a copyrighted work's owner when the work was lawfully acquired. The purchaser of a copy of the work generally has the right to lend, sell, dispose, or destroy the work as desired (73) Read the entire page →
From page 41... ... Forms of IP Protection and Registration 41 different users. In general, open-source software has minimal restrictions. Read the entire page →
From page 42... ... 42 Management Guide to Intellectual Property for State Departments of Transportation derive from the common law. State legislatures have enacted statutes that codify, and in some cases modify, the common law of trademarks within their states. Read the entire page →
From page 43... ... Forms of IP Protection and Registration 43 owner can hold competitors liable for economic damages for using a similar trademark in commerce to market a competing product in such a way that is likely to create confusion in the marketplace (81) Read the entire page →
From page 44... ... 44 Management Guide to Intellectual Property for State Departments of Transportation 5.5.2 Acquiring a Trademark Trademark protection arises when a mark is actually used in commerce to brand or market a product, and the trademark becomes associated in the public mind with that product or its source. Trademarks make it easier for consumers to quickly identify the source of a good or service. Read the entire page →
From page 45... ... Forms of IP Protection and Registration 45 A successfully registered mark will appear on one of two federal registers, as follows: • The Principal Register. Registration of a mark on the Principal Register conveys the important substantive rights associated with federal registration and, therefore, is the preferred method of federal trademark protection. Read the entire page →
From page 46... ... 46 Management Guide to Intellectual Property for State Departments of Transportation ensure that the marks are not likely to cause confusion with other products in the commercial marketplace. Use of trademarks by state DOTs will vary widely depending on the individual state's statutes regarding state ownership of IP. Read the entire page →
From page 47... ... Forms of IP Protection and Registration 47 obtained through the marketplace, the original inventor loses the right to exclude others from using the invention. Trade secrets encompass a large array of assets that may be covered (e.g., drawings, methods, business methods, technical data, vendor lists, and schematics) Read the entire page →
From page 48... ... 48 Management Guide to Intellectual Property for State Departments of Transportation • Reasonable secrecy measures were taken. • Evidence exists of economic value of the secret information (92) Read the entire page →
From page 49... ... Forms of IP Protection and Registration 49 Copyright Patent Trademark Trade Secret What is protected Original works Processes, machines Business identiiers Processes, methods Symbols ©, patented... TM, SM, ® None Registration Copyright Ofice USPTO U.S. Read the entire page →

From page 26...

... 26 This chapter describes the key forms of IP available to a state DOT. It is important to understand what types of creations and inventions are protectable by which forms of IP protection, and how IP protection is established.