Intellectual Property IP Steven Wille Associate Director Office

Intellectual Property (IP) Steven Wille, Associate Director Office of Technology Management January, 2018

Agenda • What is IP • What is the value of IP • Types of IP protection Office of Technology Management

What is Intellectual Property (IP)

What is Intellectual Property • Java. Fly frother and steamer • Jimmy drove a truck to Java. Fly warehouse, broke in, and took a case of these frothers. • Bobby bought a Java. Fly frother/steamer from Amazon, took it apart, copied it, then built his own frother/steamers based on Java. Fly design and called it Java. Drive • Jimmy stole REAL property and Bobby stole INTELLECTUAL property. • The police can arrest Jimmy. Java. Fly has to take Bobby to Federal court. Office of Technology Management

What is the value of IP

Why was Intellectual Property protection created? • You are David Hockney (the artist) • My neighbor loves Garrowhill (1998) • He hires a student to reproduce it. • The student then creates dozens and sells then online. • A painter in Taiwan sees that Hockney is selling well and creates a portfolio of Hockney paintings from Hockney’s last three decades. • Hockney’s brand is diluted, quality is compromised, and Hockney doesn’t get a penny from the copies. • Hockney needs a tool to protect his work. . Office of Technology Management

IP protection can be used… • To exclude others from practicing YOUR IP • To raise money, funders like to see patents (assets) • As an asset - to trade, sell, etc Office of Technology Management

Power to exclude others • Can you tell if others are practicing your IP • How good are your claims • Is your patent defendable, can it survive legal scrutiny • Do you have a lever over the infringer • You must be careful not to threaten others • Can you sue, will you sue Office of Technology Management

Freedom to Operate • Just having patents that cover your INVENTION doesn’t mean you have freedom to operate (sell) your PRODUCT • If you are NOT infringing on others’ patent rights, you are free to operate. • You patented the switch on an otoscope • But you need access to all the other IP Office of Technology Management

Types of IP Tools • Patent-Utility • Novel, Non-obvious, useful. • Patent-Design (ornamental) • CANNOT have utility, • Copyright • Music, books, software code, movies…anything you create reduced to a visible or audible medium • Trademark • Recognizable sign, design or expression • Trade secret • It really needs to be kept secret Office of Technology Management

IP Tools Office of Technology Management

Utility Patent • 20 year monopoly for YOU to enforce • Must be novel, non-obvious and useful • US utility Patents cost about $25, 000 -$45, 000 • (non-US cost this much for EACH country) • Today, most patents take 3 -4 years to grant (or reject) • Provisional patent applications are one year placeholders and only cost about $300, they have less value than full blown application • You need a good patent attorney • PROVISIONAL PATENT APPLICATION. One year placeholder, cheap. Office of Technology Management

Some criteria to consider… • If you can not “police” it, consider not patenting • If it is hidden, why bother protecting • If you patent apply on an early (unused) design, you may have wasted your money • What will a patent do for YOU, IN YOUR MARKET? Office of Technology Management

Design Patent • Describe (draw) the various aspects of the design and file with USPTO • USPTO does search for similar. If none, granted • Infringement based on perception of deception • Design patent life is 15 years Office of Technology Management

Copyright • You have the right to protect your expressed form (words, music, software code, etc) from being copied. • Term is author death year plus 70 years (generally) • There are exceptions, especially in education (fair use) • Creative Commons (CC), six types of CC licenses, enabling sharing of copyright works • Software open source licenses…many styles Office of Technology Management

Copyright • As this phrase is typed, copyright protection is attached automatically. It is good to tell others that this is OURS by labelling “Proprietary Board of Trustees of the University of Illinois, 2018 ©” • Copyright term is 70 years after author death (generally) • Copyright applies to expressed form (words, music, software code, paintings, sketches, etc)

Trademark • Very specific descriptions • Trademark is the mark that shows origin Christian Louboutin • Infringers will try to confuse buyers • Trademark protection can last forever, as long as it it used L

Questions?