Protecting Innovations

11 important questions on Protecting Innovations

What are the 3 types of patents?

1. Utility; may be granted to an inventor who creates or discovers a new and useful process, machine, manufactured item
2. Design; an original and ornamental design for a manufactured item
3. Plant; invents or discovers and rascally reproduces any distinct and new variety of plant

What are the 3 tests to be patentable?

1. Must be useful
2. Must be novel (not already patented)
3. Must no be non obvious

What are advantages of registering a trademark?

1. Provides public notice of the registrant's claim of ownership of the mark.
2. Must be registered before a suit can be brought in federal court against an infringement of the mark.
3. Registration can be used to establish international rights over the trademark.
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What is a copyright?


Copyright is a form of protection granted to works of authorship. In the United States, the authors of original literary, dramatic, musical, artistic, and certain other intellectual works can obtain copyright protection.

What are the 3 requirements for trade secrets?

-the information must not be generally known or readily ascertainable through legitimate means
- it must have economic importance that is contingent upon its secrecy
           -one must take reasonable measures to keep it secret

When is it not possible to use the information from a trade secret without the authorization of the owner?

- They are bound by a duty of confidentiality (e.g., employees, lawyers).
- They have signed a nondisclosure agreement.
- They acquire the secret through improper means such as theft or bribery.
- They acquire the information from someone who did not have the right to disclose it.
- They learn about the secret by mistake but have reason to know that the informa- tion was a protected trade secret.

Why would a firm liberally diffuse their technologies through open source software or liberal licensing arrangements?

This enviable position can be so lucrative that firms may be willing to lose money in the short term to improve their technology’s chance of rising to the position of dominant design.

What is a wholly proprietary system?

Goods based on technology that is owned and vigorously protected through patents, copyrights, secrecy, or other mechanisms. Wholly proprietary tech- nologies may be legally produced and augmented only by their developers.

What is a wholly open system?

Goods based on technology that is not protected and that is freely available for production or augmentation by other producers.

What is the primary argument for diffusing a technology?

Open technologies may acre more rapid adoptions.

What are the advantages of diffusion?

- Main argument: More rapid adoption --> higher installed base
- Completion drives price down, more attractive for consumers
- Benefit from work from others, better and more rapid improvements

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