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Chapter 18

Management and Organizational Studies 2275A/B Chapter Notes - Chapter 18: Canadian Intellectual Property Office, Industrial Design, Patent Attorney


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Philip King
Chapter
18

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Chapter 18 Intellectual Property
Introduction
Intellectual property describes ideas or ways of expressing ideas
Common examples
o Recipes and formulas for making products
o Methods of extracting minerals
o Advertising jingles
o A distinctive name given to a product or service
The term intellectual property is also used to describe the “bundle of rights” that
people have regarding their ideas or the ways in which they are expressed
The main categories of intellectual property laws are patents, trademarks,
copyrights, industrial designs, and confidential (business) information
Businesses can gain a competitive advantage by developing new products,
innovative business methods, and creative brand names
Patents
Patent Defined
Patent a monopoly to make, use, or sell an invention
Patents provide protection for inventions
Includes inventions such as…
o Processes or methods
Example a method of cleaning carpets
o Machines or apparatuses
Example a vacuum cleaner
o Products or compositions of matter
Example microorganisms
Exclusions From Patent Protection
Things that receive exclusive protection under other areas of the law
o Example computer programs are not patentable, as they receive
protection under copyright law
Things that do not meet the definition of a patent
o Example natural phenomenon, scientific principle
Things that are, for policy reasons, not patentable
o Example method of medical or surgical treatment, accounting methods,
insurance methods
Requirements for patentability
New
o An invention is considered new if it has not been disclosed publically
o If an invention is advertised, this would mean it was disclosed and
therefore cannot be patented
o There is a one year grace period
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If the inventor or someone who derived knowledge from the
inventor makes a disclosure within the year proceeding the filing
of the application, this will not operate as public disclosure
Useful
o The invention must solve some practical problem
o Must ACTUALLY work
o Must have industrial value
o Doesn’t have to be commercially successful
o Must have practical use
Unobvious
o There must be some ingenuity or inventive step involved in the invention
o Patent agent a professional trained in patent law and practice who can
assist in the preparation of a patent application
Patent Protection and Application
Patent protection does not arise automatically
An application must be filled at the Canadian Intellectual Property Office
Timing of the application is crucial because the CIPC gives priority to the first
person who files their application for a patent
The inventor is generally the first owner of the invention and thus the person is
entitled to apply for a patent
Patents and employees
o An employee will be the owner unless…
The employee was specially hired to produce the invention and
makes the invention in the course of employment
There is an express or implied agreement that precludes the
employee from claiming ownership of inventions relating to and
developed in the course of employment
The patent application has two parts one part describes how the product is made
or the best way to perform the process or method
Specifications the description of an invention contained in a patent
Claims the exclusive rights of the patent holder
o The claim tells the reader what he cannot do prior to the expiry of the
patent
The application will be examined by the CIPO to ensure that the invention has not
already been invented and that the application complies with the Patent Act
o If the application is successful, a patent is issued upon the payment of the
required fee
The word “patented” and the patent number may be put on all manufactured
goods
o Not mandatory
o But very useful
Patent only exist in the country in which the applications are made and granted
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Industrial Designs
Industrial Designs Defined
Industrial design the visual features of shape, configuration, pattern,
ornamentation or any combination of these applied to a finished article of
manufacture
Industrial design protects the shapes of a product but does not protect the
functional aspect
Example the shape of toys, vehicles, furniture, patterns
Requirements for Registration
An industrial design must be original and novel
Originality isn’t highly valued
Creativity isn’t necessary
Registration Process and Protection
Protection does not arise automatically
Application must be submitted
The designer is the owner unless the design was ordered and paid for by another
The application normally consists of a written description and a graphic depiction,
photograph, or drawing
The registration gives the owner the exclusive right to make, import or sell any
article in respect to which the design is registered
The owner of the design can stop competitors from manufacturing and selling a
design that looks similar
Trademark
Trademark Defined
Trademark a word, symbol, design, or any combination of these used to
distinguish the source of goods or services
Common examples
o A word
o A slogan
o A number
o A symbol
Distinguishing guise a shaping of goods or their container or a mode of
wrapping or packaging goods
o E.g. Coca Cola bottle, Perrier bottle
A colour or smell is not a trademark
Trade Names
Trade name the name under which a sole proprietorship, a partnership, or a
corporation does business
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