C Tech strategy - Engineering for Society

Intellectual property

Owning the results of intellectual effort (invention, creative idea, …)

Economic justification for why Intellectual property exists

To create incentives for people (and companies) to do research, be inventive, and be creative

Moral justification for why Intellectual property exists

People should be the owners of their creative outputs, even if they do not do it for making money

Patents

a document, issued, upon application, by a government office, which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent

Define the protection

exclusive right

Trademark

sign that individualizes the goods of a given enterprise, must have a distinctive character and may not have a misleading character or violate public order or morality

Industrial secrets

e.g. production methods, chemical formulae, blueprints or prototypes.

Commercial secrets

e.g., sales methods, distribution methods, contract forms, business schedules, details of price agreements, consumer profiles, advertising strategies and lists of suppliers or clients.

Patent trolls

Attempt to obtain and enforce patents without actually using the claimed inventions, Instead, they merely take the royalties and licencing fees and use them to fund lawsuits for patent infringement

The 5 steps of patenting process

Application, Examination, Decision, Grant of right and Court

Patent families

patents on same inventions in different countries

ISO view on standard

A standard is a document, established by a consensus of subject matter experts and approved by a recognized body that provides guidance on the design, use or performance of materials, products, processes, services, systems or persons.

CEN/CENELEC view on standard

A standard is a technical document designed to be used as a rule, guideline or definition. It is a consensus-built, repeatable way of doing something

de-facto standards

common practices adopted by the market, which are not the result of any standardization process.

The six principles adopted the Technical Barriers to Trade (TBT) Committee of the World Trade Organization (WTO)

Transparency, Openness, Impartiality and consensus, Effectiveness and relevance, Coherence, and Development dimension

Consensus

general agreement where there is no sustained opposition to substantial issues by any important part of the concerned interests, in a process that seeks to consider the views of all parties concerned

For a good standards, the requirements are

Necessary, unambiguous, comprehensive and accurate, well structured, consistent, validated by prototype implementation and testable, easy accessible, and Up-to-date

de-jure standard

When binding regulation (e.g., a law) makes the use of a standard obligatory

Declaration of conformity

A mark on a product showing it is up to the standards

Intellectual Property Rights (IPR)

Legal rights that protect creations of the mind, such as inventions, literary works, designs, symbols, and trademarks.

Copyright

A legal right that protects original literary, artistic, musical, and other creative works.

Trade Secret

Confidential business information that provides a competitive advantage and is protected as long as it remains secret.

Utility Patent

A patent protecting a new and useful process, machine, manufacture, or composition of matter.

Design Patent

A patent protecting the ornamental appearance of a product.

Novelty

Requirement that an invention must be new and not previously disclosed.

Inventive Step (Non-obviousness)

Requirement that an invention must not be obvious to a person skilled in the art.

Industrial Applicability

Requirement that an invention must be capable of practical use.

Prior Art

All public knowledge relevant to a patent claim before the filing date.

Licensing

Granting another party permission to use intellectual property under specified conditions.

Royalty

A payment made to the owner of intellectual property for its use.

Standardization

The process of developing and implementing standards.

Interoperability

The ability of systems, products, or services to work together effectively.

Compatibility

The ability of products or systems to function together without modification.

Certification

Formal confirmation that a product, service, or system meets specified standards.

Compliance

Adherence to a standard, regulation, or requirement.

Conformity Assessment

The process of demonstrating that specified requirements are fulfilled.

ISO

International Organization for Standardization.

IEC

International Electrotechnical Commission.

CEN

European Committee for Standardization.

CENELEC

European Committee for Electrotechnical Standardization.

ETSI

European Telecommunications Standards Institute.

De-facto Standard

A standard that becomes dominant through widespread use rather than formal approval.

De-jure Standard

A standard formally approved by a recognized standards organization or legislation.

Patent Application

A formal request to obtain patent protection for an invention.

Patent Examination

The process in which a patent office evaluates whether an invention meets patentability requirements.

Patent Grant

The official awarding of patent rights by a patent office

Patent Infringement

Unauthorized use of a patented invention.

Exclusive Right

The right of a patent owner to prevent others from making, using, selling, or importing the invention.

Patentable Subject Matter

The invention must belong to a patentable field of technology and not fall under excluded categories.

Design Right

Legal protection for the visual appearance of a product, including its shape, configuration, pattern, or ornamentation.

Functional Exclusion

Design rights do not protect aspects of a product that are dictated solely by its function.

Originality

Requirement that a work must be an original creative expression.

Derivative Work

A new work based on an existing copyrighted work.

Fair Use

Limited exceptions allowing use of copyrighted material for purposes such as personal use or quotation.

Idea-Expression Dichotomy

Copyright protects the expression of an idea, not the idea itself.

Preserve Exclusivity

Using IP rights to keep competitors from using an invention or technology

Licensing Out

Allowing others to use intellectual property in exchange for fees or royalties.

Cross-Licensing

Two or more parties granting each other rights to use their patents.

Defensive Patenting

Obtaining patents primarily to defend against lawsuits or strengthen negotiating positions.

Create Intangible Assets

Building a patent portfolio to attract investors, partners, or financing.

Blocking Technological Routes

Patenting technologies to prevent competitors from pursuing certain technological paths.

Evergreening

Extending market exclusivity by obtaining additional patents on modifications of an existing invention.

Patent Pool

An arrangement where multiple patent holders combine patents and offer licenses through a single platform, reducing transaction costs and royalty stacking.

Royalty Stacking

The accumulation of multiple royalty payments required to use a technology covered by many patents.

Hold-Up Risk

The risk that patent holders exploit a company's dependence on a technology to demand excessive licensing fees.

Patent Privateer

A third party engaged by a company to assert patents against competitors on its behalf.

Non-Performing Entity (NPE)

An entity that owns patents but does not manufacture products or use the patented inventions.