Contracts: | = | |
NDA etc. | = | |
Mutual, broad, no license, return, assigned | = | |
Trade Secret: | = | |
Broad protection, includes info and ideas, | = | |
Easy - no registration | = | |
Prevents taking or using | = | |
-- doesn't prevent reverse engineering | = | |
-- doesn't prevent copying | = | |
Lasts as long as secret | = | |
Watch when hiring. Can't use or disclose | = | |
-- tell employee not to bring info or materials from former employer | = | |
-- can't use or disclose | = | |
Google, Waymo, Uber - how much is general knowledge? | = | |
Patent: | = | |
Invention | = | |
--Novel | = | |
--Non-obvious to someone with skill in the art | = | |
--Prior art - prior patents, publications, sales, etc. | = | |
--can kill a patent by showing it -with a one year grace period | = | |
--Useful | = | |
--Not obvious to someone with skill in the art | = | |
--Requires disclosure in patent application | = | |
Requires registration | = | |
--provisional application | = | |
Protects for 20 years from the filing. | = | |
Process, Method, Use; Machines and Apparatus | = | |
composition of matter | = | |
-- chemical, physical, biological | = | |
-- can be a new combination of old things | = | |
-- can be a new use of old things | = | |
-- can be a new process of old things | = | |
-- can be a new machine of old things | = | |
Claims: | = | |
--Protection is limited to the claims | = | |
--Must be clear and specific | = | |
Design Patent: | = | |
Protects the appearance of an object | = | |
--Novel | = | |
--Non-obvious | = | |
Protects for 14 years from the grant. | = | |
Brands and Trademarks: | = | |
Trademark: | = | |
--Protects the name of a product or service | = | |
--Common law, but registration is better | = | |
--Must be used in commerce | = | |
--Must be distinctive | = | |
--Must not be generic | = | |
--Must not be descriptive | = | |
--Must not be misleading | = | |
--Must not be immoral | = | |
--Must not be scandalous | = | |
--Must not be offensive | = | |
--Must not be a flag or coat of arms | = | |
--Must not be a geographic name | = | |
--Must not be a surname | = | |
--Must not be a family name | = | |
In increasing strength: generic, descriptive, suggestive, arbitrary, fanciful | = | |
Trademark is for a CLASS of goods or services | = | |
Copyright: | = | |
Works of authorship | = | |
--Literary | = | |
--Musical | = | |
--Artistic | = | |
--Dramatic | = | |
--Pantomimes | = | |
--Pictorial | = | |
--Graphic | = | |
--Motion pictures | = | |
--Sound recordings | = | |
--Architectural works | = | |
--Computer software | = | |
Protects the expression of an idea | = | |
--Novel | = | |
--Fixed in a tangible medium | = | |
--Original | = | |
Life of author plus 70 years | = | |
95 years from publication | = | |
120 years from creation | = | |
Protection is automatic | = | |
Registration is optional | = | |
Get assignment of IP rights. | = | |
Current assignment agreements. | = | |
Critical License issues: | = | |
1. Exclusive | = | |
2. First right of refusal on products | = | |
3. Best Price (Most Favored Nation) | = | |
Subbu: | = | |
Suggest we focus on startup and VC ecosystem. The reason is that business opportunities will be in creating or servicing marketplaces and startup/VC/PrivateEquity is the marketplace of marketplaces. | = | |
= | ||
ii) There are lots of document issues and lots of available semi-scaled solutions | = | |
iii) well-networked community | = | |
iv) some actors are not tech-phobic | = | |
Small, big, jewels (Geoffrey Moore): | = | |
1. IP assigment agreements - a full-stack solution. | = | |
-- Goals | = | |
--company to keep track | = | |
--employee/consultant to keep track - or to prove liberty | = | |
--standards to make negotiation balanced and non-adversarial | = | |
-- Is someone doing this? | = | |
2. License agreements - a full-stack solution. | = | |
-- Goals | = | |
--fluidify negotiaion | = | |
--employee/consultant to keep track - or to prove liberty | = | |
-- Is someone doing this? | = | |