Copyright © 2012 Boeing. All rights reserved. EOT_IPM_Template.ppt | 2/23/2012 1 2012 CSU Long Beach Innovation Challenge October 11, 2012 Hieu (Tony)

Copyright © 2012 Boeing. All rights reserved. EOT_IPM_Template.ppt | 2/23/2012 1

2012 CSU Long Beach Innovation Challenge

October 11, 2012

Hieu (Tony) D. NgoAssociate Technical FellowIntellectual Property Management

Wayne HoweAssociate Technical FellowIntellectual Property Management

Intellectual Property (IP) Basics

Copyright © 2012 Boeing. All rights reserved.

Engineering, Operations & Technology | Intellectual Property Management

Agenda

Framework

Intellectual Property

What is it?

Why is it important?

What do I need to do?

Questions



Framework

Business Strategy / Plan

Capabilities& Technologies

• Identify critical IP in each capability and technology• Develop protection strategy for critical IP assets• Leverage IP as a competitive advantage to achieve

business objectives

Intellectual PropertyPlan



Innovation Challenge’s Journey

You

Team

Mentor

Advisory / EvaluationCommittee

Award Event / Winner Announced

Supplier / 3rd Party

Absent an Agreement to the contrary, the creator of IP is its owner and jointly created IP is jointly owned



Why is IP Important?

IP has VALUE

IP provides a COMPETITIVE ADVANTAGE

Misuse or lack of awareness of IP can put you at RISK



What is Intellectual Property?

• A product of the mind or intellect, in a concrete or abstract form, in which one can assert ownership rights.

• Each of these types of IP have unique requirements and offer different legal protections.

Trade Secrets

Know How and Proprietary Information

Patents and Inventions

Trademarks Copyrights



Copyright Patent

-Software

-Books

-Photos

-Music / Recordings

-Motion Pictures

-Chemical compositions, Electrical, and Mechanical products and processes

-Biotechnology

-Business processes and methods

-Software – Algorithms Executing on computer

Trademark

-Words, Symbol, Slogans used to identify & distinguish one’s products or services

-Valuable information that is not publicly known

(Technical, financial, marketing, formulas, know-how, etc.)

Trade Secret

Summary - Range of IP Protection Approaches



Trademarks are words, symbols or slogans used to identify & distinguish one’s products or services from others

Minimize confusions

APPLE

What are Trademarks?



Any information that derives independent economic value, actual or potential

Not being generallyknown or readilyAscertainable by proper mean

Others person who can obtaineconomic value from itsdisclosure or use

What’s Trade Secret?



Protect original work of authorship

Examples: Protectable: literary works,

a/v works, computer programs

NOT Protectable: titles, slogans, ideas, processes

Copyright © 2010 Company XYZ. All Rights Reserved

Protect creative expression of ideas, not the ideas

©What Is Copyright?



A patent is agrant issued by the U.S. Patent

and Trademark Office (USPTO) giving inventors the right to

exclude all others from making, using, or selling their inventions

within the United States, its territories, and possessions

for up to 20 years.

What is Patent?



Simply using a name or symbol as an identifier for your products or services

Limited to geographic area in which the mark is used

Register your Trademark with the U.S. Patent and Trademark office

Legal presumption of ownership

Exclusive right to use the mark nationwide

Prerequisite to brining an action concerning the trademark’s in federal court.

Federal Registration is almost always recommended

How To Obtain a Trademark?



Designs

Drawings

Specifications

Patterns

Plans

Compilations

Program devices

Formulas

Prototypes

Methods, Techniques,

Processes, and Procedures

Flow Charts

Marketing timetables

Customers / Suppliers List

…

Examples of Trade Secrets



Take reasonable measures

efforts to keep the informationsecret

Varies with the nature of the information andother circumstances

Protecting Trade Secrets



A copyright automatically comes into existence when you create a work of authorship and fix it in a tangible medium

Pen to paper , When you type a line of codes, Record sounds

Relatively inexpensive to register

$65.00 / application $35.00 / application if file on-line

Filing with the U.S. Copyright Office provides some important additional benefits

Statutory damages, Attorney fees

How To Obtain a Copyright?



Utility PatentProtect the function or “utility” of the invention

Design PatentProtects the “ornamental design” or appearance

Plant PatentProtects distinct and new varieties of plants

Types of Patents



Speed is essential

How To Obtain A Patent?

File a patent application with the USPTO before

Public Disclosure

(i) Printed Publication

(ii) Sale or Offer for Sale

Foreign Countries: Absolute Novelty

Cost is high - $10-15K / patent plus maintenance fees



A new, useful and non-obvious invention:

Machine

Composition of matter

Manufacturing Process

Business Method

A useful improvement of any of these

Requirements



Summary – IP Rights Action



Consider which types of intellectual property make sense in the context of your business, products, and/or services

The decision about which types of protection to pursue, and why, are your (your company’s) intellectual property strategy

Defining and understanding your intellectual property strategy help you make better decisions and avoid pitfalls

Last Thoughts



iOS App

Business Plan Name / Graphics /

Logos

Methods, Processes, or Techniques

Marketing / Product Launch Time Table / Pricing Plan

Source Codes

Flow Charts, Algorithms

Illustration

Requirements, Designs, Specifications

Intellectual Property Protection?



Illustration

Trade SecretTrademark

Copyright

Copyright

Trade Secret

Trade Secret

Utility Patent

Copyright

iOS App

Business Plan Name / Graphics /

Logos

Methods, Processes, or Techniques

Marketing / Product Launch Time Table / Pricing Plan

Source Codes

Flow Charts, Algorithms

Requirements, Designs, Specifications

Trade SecretCopyright

Utility Patent

Trade Secret

Copyright Design Patent

Trade Secret

Copyright



U.S. Patent & Trademark Office (USPTO)…www.uspto.gov

U.S. Copyright Office…www.copyright.gov

CA Civil Code (trade secrets) 3426-3426.11…www.leginfo.ca.gov

State and Local Bar Associations

CA State Bar Association…www.calbar.ca.gov

LA Bar Association…www.lacba.org

OC Bar Association…www.ocbar.org

Libraries

Long Beach Law Library (West Ocean Blvd, Long Beach)

LA Law Library (1st Street, LA)

OC County Law Library (North Flower Street, Santa Ana)

Resources



Good Luck !

Documents

Copyright © 2012 Boeing. All rights reserved. EOT_IPM_Template.ppt | 2/23/2012 1 2012 CSU Long Beach Innovation Challenge October 11, 2012 Hieu (Tony)