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Protecting Your Idea
Tags:Commercialization, MarketingNow that you have taken steps to establish ownership of your technology idea, you will need to decide how to protect your technology innovation. If the university holds the IP, it will be up to them to pursue protection of the innovative idea/prototype.
The U.S. government offers different protections to people involved in developing new technologies or technology applications. Intellectual property can be protected in different ways,by patent, trademark, copyright, or trade secret.
Selecting the type of protection will be determined by what you are developing. It is an important choice, because selecting the wrong type can leave your IP unguarded. Some protections safeguard a work in progress while others cover established works. While registering copyrights and trademarks is optional, their symbols can and should be used on developing ideas; patents on the other hand have a required application process.
Patents
A patent refers to the property rights granted by the government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. Patents are commonly used to protect tangible items such as hardware devices. Three specific criteria must be met: the invention must be useful, novel, and unobvious.
Example
The owners of the the orbiTouch® company, a privately held corporation, have applied for and received two patents on unique mechanism claims for the Keyless Keyboard & Mouse; two more patents are pending due to additional utility and design claims.
For more information, see Patent Protection.
Copyrights
Copyrights protect original works of authorship (e.g., literary, dramatic, musical, or artistic works). The copyright protects the form of expression rather than the subject matter. In the field of education, software applications are generally copyrighted. A copyright notice is not required for protection of works published on or after March 1, 1989, so to be safe, you should assume that a work published after this date is copyright protected. You will notice copyright protection on software such as Clicker© from Crick Software, Sentence Master© by Laureate Learning Systems, and many others.
Example
OrbiTouch® has received patents on the processes used within their keyboard and mouse products. These products function similarly to standard computer input devices, but how they function is unique. The company immediately copyrights designs and content that apply to their company and individual products. They then begin the process of registering their copyright claims with the United States Copyright Office. This establishes a public record of their copyright. The content on the orbiTouch Web site is copyrighted, as is the product handout and packaging design. The copyright information as stated implies that the copyright has been registered: Copyright © 2004 Keybowl, Inc. All rights reserved.
For more information, see Copyright Protection.
Trademarks
A trademark protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured by others. Trademarks, unlike patents, can be continuously renewed if they are being used in commerce. Many companies use trademarks to protect the names they develop for their technologies (e.g., IntellitoolsTM and the Reading Pen by WizcomTM). A trademark can be registered with the USPTO which provides several advantages. Windows® and Macintosh® are registered trademarks, as is orbiTouch®, used in the example above.
Example
The orbiTouch company has registered trademarks for orbiTouch®, Keybowl®, and orbiTouch Keyless Keyboard®. Examples below illustrate both their trademarks and registered trademarks. The name “orbiTouch™ Keyless Keyboard” has a trademark to distinguish it as part of the orbiTouch product line. The orbiTouch company logo is a registered trademark, which is indicated by the ® symbol shown. Similar to the copyright process, orbiTOuch immediately trademarks the names of their individual products and then registers their trademarks for additional protection with the United States Patent and Trademark Office.
For more information, see The Trademark Process.
Trade Secrets
Trade secrets refer to information that companies keep secret to give them an advantage over their competitors. The Uniform Trade Secret Act (1985) defines proper trade secret subject matter as information “including a formula, pattern, compilation, program, device, method, technique, or process.” Trade secrets can protect a much broader range of information than patents or copyrights. Examples of trade secrets include customer identities and preferences, vendors, product pricing, marketing strategies, company finances, manufacturing processes and other competitively valuable information. Many companies protect information that gives them a competitive edge in developing the products they use. There is no way to know if a company holds trade secrets.
For more information, see Trade Secrets.
Example
Turning Point Therapy and Technology, Inc. protects the process and methodology used to formulate their keyguards and the Original Equipment Manufacturer that manufactures their technology by keeping it as a “trade secret.” This form of protection does not need to be applied for or approved by any agency. The protection of these secrets is possible, because the information is never divulged to anyone outside of the company.
Some things cannot be protected. Ideas, systems, and discoveries are not protected by any law. If you invent a new technology, you can patent it. If you create a unique packaging for a technology, you can copyright it. If you choose a distinctive name for a technology, you can trademark it. But your idea itself cannot be protected. It is important to consider all types of protection before deciding which one is best to protect your work.
