Intellectual Property Discussion

Patent

One of the intellectual protections that SOPhiGEo can acquire is a patent. A patent is an exclusive right developed for an invention. A patent generally specifies if and how other parties can reach an invention. In exchange for the right, the beneficiary publishes public information about how they went about creating the invention (WIPO, 2016).

Period Covered

A patent usually covers an invention for a period not exceeding 20 years from the date a patent is filed. However, laws were changed, and they can only last for 25 years if they were filed after 2015. Therefore, SOPhiGEo’s patent may only last for 15 years.

Aspects Covered

Some of the aspects of the widget to be covered by the patent include its physical expressions (Moore, n.d.). Intellectual property law separates physical aspects from ideas. That means ideas cannot be owned, but physical expressions can.

Trademark

Another protection relevant to the widget is a trademark. A trademark helps distinguish the products of one enterprise from the other (WIPO, 2016). A trademark will be applied to protect the widget’s proprietary design.

Period Covered

A trademark lasts for ten years. After the expiry of the period, the owner will need to apply for a renewal. A registrar from the patents and trademark office notifies the owners about the expiration of the trademark six months before the expiry of the ten years (USPTO Office, 2019).

Aspects Covered

A trademark confers special rights, including exclusive rights to use a registered trademark. SOPhiGEo, in this case, can use the rights exclusively. Also, the company may grant the trademark to other parties in exchange for payment.

Geographical Indications

Also, geographical indications and appellations apply to the widget. These geographical indications apply to items or devices that possess a reputation or characteristics attributable to the place of origin geographical indications. In SOPhiGEo’s case, the widget will have specifications that originate from the US.

Period Covered

Geographical indications also last for ten years after registration. After the expiry of the period, the owner may apply for an extension (USPTO Office, 2019). However, the new legislation does not require fresh applications unless the validity of the geographical indications is cancelled.

Aspects Covered

A valid geographical indication prevents third parties from using an application if they fail to conform to set standards. In this case, SOPhiGEo’s LoktYU can only work on specified phones and computers. Any devices that fail to comply with the company’s standards will be curtailed.

References

Moore, A. (n.d.). Intellectual Property and Information Control. http://faculty.washington.edu/moore2/cha1.pdf

USPTO Office. (2019). United States Patent and Trademark Office. Uspto.gov. https://www.uspto.gov/

WIPO. (2016). What is Intellectual Property? Wipo. int. https://www.wipo.int/about-ip/en/

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George and Sophia are entrepreneurs who together own a limited liability company named “SOPhiGEo, LLC.” They are inventors and have invented a widget that can be plugged into a mobile phone or personal computer to detect unsolicited third-party access to camera and audio recording features on the equipment and block the intruder with a repeating loop of nonsense gibberish that locks up the intruder’s device and can be stopped on the intruder’s device only by the widget’s primary user. This widget has a proprietary design and operating code. SOPhiGEo is calling it “LoktYU.” Currently, the only intellectual property (IP) protection SOPhiGEo has employed is trade secrets.

Intellectual Property Discussion

QUESTION
List and discuss 3 other intellectual property protections SOPhiGEo, LLC can obtain as the corporate IP owner for this widget in the United States, and for each IP type, provide the following information: (Do NOT discuss trade secrets.)

1. Name and brief general definition of the type of IP;

2. How long the IP’s protection will last to cover the widget;

3. What aspect(s) of the widget it will cover;

Some reading sources, but feel free to use more if needed:
*Intellectual property and information control: Philosophic foundations and contemporary issues – Ch 1: http://faculty.washington.edu/moore2/cha1.pdf
*What is Intellectual Property?: https://www.wipo.int/about-ip/en/
*U.S. Patent & Trademark Office: https://www.uspto.gov/