Last night's guest speakers in Innovation Teams were Sam "Bo" Pasternack, an IP partner at Choate, Hall & Stewart and Charles Cooney, Faculty Director of the Deshpande Center. They led a very interesting discussion on patents and other intellectual property (IP) issues.

Notes from the talk:

1. The patent does not give you the right to sell but the right to exclude others from selling or from producing. For example, if you are not awarded with a patent in Japan you can still sell in Japan as long as no one is excluding you from the marketplace
2. If there's a conflict of patent, the first inventor gets the patent not the first to file
3. In order to get a patent, the invention has to have novelty, usefulness, and non-obviousness (prior use or documentation).
4. Patents are issued for four types of inventions: machines, process, man-made products, and compositions of matter
5. In U.S., you get 20 years of patent rights from the day of filing, not the day of patent grant
6. The best approach to filing a patent is file first and then disclose
7. There's other instruments other than patent to protect and extend IP
8. Trade secret is one of them as long as the IP is kept a secret
9. Obviously, the biggest risk to trade secret is that the secret gets out. For example, some disgruntled employee decides to steal the trade secret
10. Worse, this disgruntled employee can file for a patent on the trade secret and prevent a company from using the trade secret
11. Someone in the class asked "But this case seems to violate the statute of granting patent to first person who invited the idea." Sam's response was: "The statute stands only if the inventor doesn't actively abandon and conceal the invention"

9/27/2005 8:20:52 PM (Eastern Daylight Time, UTC-04:00)

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