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Transcript of 1 ECE 495 – Integrated System Design I ECE 495 - INTEGRATED SYSTEMS I Intellectual Property...
1ECE 495 – Integrated System Design I
ECE 495 - INTEGRATED SYSTEMS I
Intellectual Property
Timothy Burg
ECE 495 – Integrated System Design I
Career Note – Academic vs. Industrial Career
• Statistics indicate that the average person spends more time in a year planning their vacation than planning their career.1
• Remember: Not making a choice is a choice
• One choice is pursuing an Academic Career versus an Industrial or Government Career
1. May be a mythical statistic
ECE 495 – Integrated System Design I
Career Note – Academic vs. Industrial Career
• You can direct your educational activities in either direction• Preparing for Academic Career
– Write papers– Research a deep topic you can take with you– Make contacts at conferences (network)
• Preparing for Industrial Career– Seek management activities, clubs, mentoring, etc.– Take business classes– Learn specific techniques or software– Research a deep topic but investigate what others are
studying (be globally aware)– Make contacts at conferences (network)
ECE 495 – Integrated System Design I
Graduate School Application Schedule
December: Complete and submit all applications.– Transcript– GRE Scores for General (and Subject) Test– Identify recommenders and supply them with your
resume and personal statement
ECE 495 – Integrated System Design I
Graduate School Reccomendation
ECE 495 – Integrated System Design I
Career Note – Academic vs. Industrial Career
Assistant Professor
Associate Professor
Professor
Department Head
Dean
Provost
Tech
nic
al A
ctiv
ity
Ad
min
istr
ativ
e A
ctiv
ity Individual
Contributor
Project Manager
Product Manager
HR Manager
Group Leader
Research Manager
Some career choices willmake it harder to change.
When Do I Need to Decide? NowCan I Change My Mind? Maybe
Research or Production
MS, PhD
MS, PhD, MBA
BS, MS, PhD IndustryUniversity
ECE 495 – Integrated System Design I
Career Path
• Bottom Line – you must plan your career.
ECE 495 – Integrated System Design I
Example: Hip Implant
In 1979, Dr. Park from Bioengineering at Clemson had the idea that a polymer coating on a hip-implant could improve the adhesion of the stem to the bone.
How did he protect his idea so that he could turn the idea into a product?
Clemson received about $34 million in licensing fees from this patent (about half went to the inventor).
9ECE 495 – Integrated System Design I
Generic Design Process
IdentifyNeed Research
Specifications
Concepts
Design
Prototype
Testing
Retire
Maintain
Use by Customer(s)
Distribute and Sell
Manufacture
Part of you job is to protect Intellectual Property (IP) during all phases of a product life:• Concept• Design of components• Manufacturing
process
10ECE 495 – Integrated System Design I
US Law
Constitution of the United States - Article I, Section 8
“Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Why would Congress grant exclusive rights to an idea?
You are rewarded (via legal protection) for disclosing your new idea to the public because disclosure is good for the public because it will lead to more new ideas.
11ECE 495 – Integrated System Design I
Types of Intellectual Property
• Patent– Almost anything having a useful function:
machines, compositions of matter, processes, methods, look of a product, new lines of plants
• Trademark or Service mark– word, name, symbol to indicate the source of
goods or services• Copyright
– protection of “original works of authorship” including literary, dramatic, musical, artistic
• Trade Secret (supported under contract law)
12ECE 495 – Integrated System Design I
US Patents
• Issued by the USPTO (US Patent and Trademark Office)– USPTO has over 6,500 employees– Half are examiners and others with technical and
legal training. • Patent applications are received at the rate of over
350,000 per year• 8.5 million patents issued since 1790• “First to realize” idea versus “first to file”
application. – US system changed to “first to file” in March 2013
Possible Career Path !
13ECE 495 – Integrated System Design I
Three Types of Patents
• Utility patents– granted to anyone who invents or discovers any
new and useful process or composition of matter• Design patents
– granted to anyone who invents a new, original, and ornamental design for an article of manufacture
• Plant patents– granted to anyone who invents or discovers and
reproduces any distinct and new variety of plant
Provisional Patent - establish a date of invention prior to filling the above three.
14ECE 495 – Integrated System Design I
What Can Be Patented?
• Subject matter must be “useful” – A machine which does not operate to perform the
intended purpose would not be called useful and therefore would not be granted a patent.
• Cannot patent laws of nature or physical phenomena • A patent cannot be obtained upon an abstract idea or
suggestion.– Must show reduction to practice, e.g. a working
model– Patentable once someone of skill can understand
how to make and use the invention
15ECE 495 – Integrated System Design I
What Can Be Patented?
• Must be Novel– Must not be known or used by others – Must not be in public use or on sale more than one
year prior to the application for patent.• Must be Non-Obvious
– Non-obvious to a person having ordinary skill in the area of technology related to the invention
– Substitution of one color for another, or changes in size, are ordinarily not patentable.
16ECE 495 – Integrated System Design I
Example: What Can be Patented?
• Is Swinging side-to-side on a swing patentable? Why or why not? Utility Patent
All claims of the patent were subsequently canceled by the PTO upon reexamination
17ECE 495 – Integrated System Design I
An antenna that sends signals faster than the speed of light
Example: What Can be Patented?
18ECE 495 – Integrated System Design I
What is the Patent Process?
19ECE 495 – Integrated System Design I
How Long Does it Last?
• Twenty years from the filing date– provided maintenance fees are paid when the
patent is 3 1/2, 7 1/2; and 11 1/2; years old.
Edison’s light bulb patent has expired
20ECE 495 – Integrated System Design I
How Much Does a Patent Cost?
• Cost of "getting a patent" could run anywhere from $8,000 to $20,000 depending upon the attorney you choose.
21ECE 495 – Integrated System Design I
Do Patents Make Money?
• About 95% of all patent applications filed eventually issue as Patents,
• Less than about 5% of these actually generate income or provide a significant advantage for their owners
Patent = $?
22ECE 495 – Integrated System Design I
Additional Notes on Patents
• A Patent will not cause the invention to succeed or fail.
• The Patent will only provide you with ownership rights to the underlying inventive concept.
• It may be useful in preventing others from copying your invention or it may be useful when the time comes to sell your invention
23ECE 495 – Integrated System Design I
Example: Antenna Patent
24ECE 495 – Integrated System Design I
Trademark
• A trademark is a word, name, symbol, or device that is used in trade with goods to distinguish them from the goods of others. – “Coke” and “Excedrin”– Hourglass-shaped Coca-Cola bottle. – Slogan such as Nike’s “Just Do It”– ™ used to indicate an unregistered trademark– ® registered trademark
• Renewable in 10 year increments
25ECE 495 – Integrated System Design I
Trademark
• Trademark may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods– 42 classes of trademarks– "Brand X" musical instruments would not prevent someone
else from registering "Brand X" pharmaceuticals.
• Example– Can I change the McDonalds Logo? no
– Can I sell hamburgers? yes
26ECE 495 – Integrated System Design I
Trademarks
• Must be protected and used properly or it can be lost (genericide)– Aspirin– Escalator– Linoleum– Zipper– Yo-yo– Xerox may be on the edge
Aspirin was the name of a specific company’s product. Now anyone can make and sell aspirin
27ECE 495 – Integrated System Design I
Examples of Trademarks
• "Let's Get Ready to Rumble!" – Trademarked by Michael Buffer in 1992– Involved in over 100 legal actions to protect– Estimated $400 million in revenue– Trademark used for other things like videogames,
movies, and clothing.• Clemson University
– 550 manufacturers are licensed today for commercial use of the marks
®
28ECE 495 – Integrated System Design I
Service mark
• A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.– "McDonald’s" is a service mark for restaurant
services– SM represents an unregistered service mark– ® registered service mark
• Example: Lexus– "Lexus" is both a trademark for automobiles and a
service mark for automobile repair services.
29ECE 495 – Integrated System Design I
Copyright
• A copyright is a set of exclusive rights granted by government for a limited time to regulate the use of a particular form, way or manner in which an idea or information is expressed.
• Artistic forms or "works may include literary works, movies, musical works, sound recordings, paintings, photographs, software, and industrial designs.
30ECE 495 – Integrated System Design I
Copyright
• Duration– Done “Not-for-hire” -> life of author + 75 years– Done “For-hire” -> 95 years from first publication
or 120 years from creation• The “Mickey Mouse Protection Act" in 1998
extended Copyrights by 20 years.
31ECE 495 – Integrated System Design I
Copyright
• Registration is automatic when work is created• Formal Registration
– Establishes a public record of the copyright claim.– Required before an infringement suit may be filed
in court• Computer Architectures and Programs are
copyrighted– EULA - A software licensee never takes ownership of the copyright in
the software; he merely purchases a license to use the protected software under the terms and conditions set by the copyright owner and the law.
32ECE 495 – Integrated System Design I
Trade Secret
• Confidential practice, method, process, design, or other information used by a company to compete.
• Not disclosed -> it is not directly protected by law as a copyright or patent.
• Indirectly protected through Nondisclosure Agreements and Employment contracts– You will be liable for any losses if you divulge
secrets. Receiving company will also be liable.• Can be reverse engineered.
33ECE 495 – Integrated System Design I
International
• A patent must be pursued in each country where protection is desire.
• Copyright– Two international copyright conventions, the Berne
Convention for the Protection of Literary and Artistic Works (Berne Convention) and the Universal Copyright Convention (UCC), may offer protection in member countries.
– Some countries offer almost no protection.• Madrid Agreement and the Protocol enable trademark owners
from member states to forego filing separate trademark applications in each country in favor of filing a single application that can then be extended to each member state.
34ECE 495 – Integrated System Design I
Summary
• It is your job as an engineer to protect your company’s intellectual property through:– Patents– Trademarks or Service marks– Copyrights – Trade Secrets