Intellectual Property: A Guide for Engineers. American Bar Association

      

      INTELLECTUAL PROPERTY:

       A GUIDE FOR ENGINEERS

      A PROJECT FOR THE

      COMMITTEE ON ISSUES IDENTIFICATION,

      AMERICAN SOCIETY OF MECHANICAL ENGINEERS

       BY THE

      COMMITTEE ON PUBLIC INFORMATION,

      SECTION ON INTELLECTUAL PROPERTY LAW

      AMERICAN BAR ASSOCIATION

      ASME PRESS • NEW YORK • 2001

      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: [phone], 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