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    Intellectual Property: A Guide for Engineers
    Intellectual Property: A Guide for Engineers
    Intellectual Property: A Guide for Engineers
    Ebook91 pages1 hour

    Intellectual Property: A Guide for Engineers

    By American Bar Association

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    About this ebook

    Because of their inherent role as creators and managers of new technology, engineers need a basic understanding of the various forms of intellectual property and their underlying laws and governing principles. Topics include: patents, copyrights, trademarks, service marks, trade secrets, intellectual property and the Internet, and international protection of intellectual property.
    LanguageEnglish
    PublisherAmerican Society of Mechanical Engineers
    Release dateJan 10, 2017
    ISBN9780791861547
    Intellectual Property: A Guide for Engineers

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      Book preview

      Intellectual Property - American Bar Association

      Statement from By-Laws: The Society shall not be responsible for statements or opinions advanced in papers. . .or printed in its publications (7.1.3)

      INFORMATION CONTAINED IN THIS WORK HAS BEEN OBTAINED BY THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS FROM SOURCES BELIEVED TO BE RELIABLE. HOWEVER, NEITHER ASME NOR ITS AUTHORS OR EDITORS GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PUBLISHED IN THIS WORK. NEITHER ASME NOR ITS AUTHORS AND EDITORS SHALL BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR DAMAGES ARISING OUT OF THE USE OF THIS INFORMATION. THE WORK IS PUBLISHED WITH THE UNDERSTANDING THAT ASME AND ITS AUTHORS AND EDITORS ARE SUPPLYING INFORMATION BUT ARE NOT ATTEMPTING TO RENDER ENGINEERING OR OTHER PROFESSIONAL SERVICES. IF SUCH ENGINEERING OJ* PROFESSIONAL SERVICES ARE REQUIRED, THE ASSISTANCE OF AN APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT.

      For authorization to photocopy material for internal or personal use under circumstances not falling within the fair use provisions of the Copyright Act, contact the Copyright Clearance Center (CCC), 222 Rosewood Drive, Danvers, MA 01923, Tel: 978-750-8400, www.copyright.com.

      Requests for special permission or bulk reproduction should be addressed to the ASME Technical Publishing Department.

      Copyright © 2001 by

      THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS

      All Rights Reserved

      Printed in U.S.A.

      FOREWORD

      Intellectual property, the product of creative and hard working people, needs to be protected in ways that allow creative people to benefit from their efforts. Engineers create and use intellectual property and manage knowledge to their own benefit, as well as to the benefit of their company and society at large. To help engineers understand intellectual property issues, the Committee on Issues Identification of the Council on Public Affairs of ASME International collaborated with the Committee on Public Information of the Section of Intellectual Property Law of the American Bar Association (ABA) to create an intellectual property guide for engineers.

      The guide is designed to provide a basic understanding of intellectual property issues, specifically those related to patents, trademarks, copyrights, and trade secrets. The guide is not meant to be a comprehensive statement of the law, and legal advice is always recommended when making a business decision.

      As Chair of the Committee on Issues Identification, I would most like to thank the Honorable Gerald J. Mossinghoff, Senior Counsel, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., and Chair of the ABA Committee, for his outstanding contribution to this guide and for his interest, inspiration, generosity, and patience throughout the project. He is the primary author and an expert in intellectual property issues.

      I would also like to thank fellow members of the Committee on Issues Identification for their thoughtful contributions, particularly in reviewing and commenting on the drafts of the guide: Guy Arlotto, retired; George Flowers, Auburn University; William Hutzel, Purdue University; Dena Sue Potestio, National Conference of State Legislatures; Arnold Rothstein, Facilities Services Company; William Weiblen, retired; and Dave Wieland, John Deere Waterloo Works.

      The contributions of the following people are also greatly appreciated: Sonya Engle, ASME Public Affairs Program Manager, for her efforts in coordinating the overall project; John Paul, Chair, ASME Technology & Society Division; Gloria C. Phares, Patterson, Belknap, Webb & Tyler; Phil Hamilton, Managing Director, Public Affairs; Chor Tan, Managing Director, Education; Harry Armen, immediate past Senior Vice President, Public Affairs; Yogi Goswami, Senior Vice President, Public Affairs; and Steven Lustig, past Leadership Development Initiative intern, Public Affairs.

      Marc Goldsmith

      Chair, Committee on Issues Identification

      CONTENTS

      FOREWORD

      INTRODUCTION

      Part I PATENTS

      History

      What Is a Patent?

      What Conditions Must Be Met?

      Why Obtain a Patent

      The Nature of Patent Rights

      How to Obtain a Patent

      The Employed Engineer as Inventor

      Enforcement of a Patent

      Trends in Patents

      Patent Issues

      PART II COPYRIGHTS

      History

      What Does a Copyright Protect?

      How Is Copyright Acquired?

      Who Owns the Copyright in a Work and How Is It Transferred?

      How Long Does a Copyright Last?

      What Copyright Can Do for You

      Registration and Copyright Notice

      PART III TRADEMARKS AND SERVICE MARKS

      What Is a Trademark?

      The Importance of Registering a Mark

      Obtaining a Federal Registration

      The Examination Process — Searching for Conflicts

      Types of Registrable and Non-Registrable Marks

      The Supplemental Register

      Term of Federal Registrations

      Protecting Trademarks

      PART IV TRADE SECRETS

      State Trade Secret Law

      Economic Espionage Act

      PART V INTELLECTUAL PROPERTY AND THE INTERNET

      Patents

      Copyrights

      Trademarks and Internet Domain Names

      Electronic Databases

      PART VI INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY

      Patents

      Copyrights

      Trademarks

      Trade-Related Aspects of Intellectual Property Rights (TRIPS)

      CONCLUSION

      REFERENCE

      MAJOR INTELLECTUAL PROPERTY INTERNET SITES

      INTRODUCTION

      In 1776, the philosopher/economist Adam Smith taught us that the wealth of any nation rested on three pillars: Labor, Capital and Natural Resources.¹ Our generation has added a fourth pillar — Intellectual Property in all of its forms. Patents protect new technology. Copyrights protect literary and artistic works, as well as computer software. Trademarks assure orderly commercial development and consumer protection. Trade Secrets provide competitive advantage to creative companies. Intellectual property provides important incentives in the burgeoning use of the Internet for e-commerce.² It is also an indispensable part of effective knowledge management — so critical in today’s business and educational environment.

      Because of their inherent role as creators and managers of new technology, engineers should have a basic understanding of the various forms of intellectual property and their underlying laws and governing principles. The purpose of this guide is to provide a summary of these forms of intellectual property and to

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