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Technologie und Innovationsmanagement (Subject) / Protecting Technology and Innovation II (Lesson)

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  • registered designs - what is special? - only for product innovations, not for process innovations - a cheaper relative to a patent - no central policing -> design owner must identify infringements by himself - not a very strong form of IP protection, but its cheap and simple (cost-benefit ratio is attractive)
  • Trademarks - a trademark is any sign which can distinguish the goods and services from one trader from those of another - includes words, logos, pictures or a combination of these - they generally relates to a product series rather than to a specific technology or process
  • Types of patents 1. Product patents 2. Process patents 3. Patents for computer implemented inventions, software/business methods (only in USA)
  • What a patent is... -> a right of ownership over an invention, granted to an inventor by the government for a specific period of time. A patent allows the patent owner to prevent others from making, using or selling the invention -> the owner may sell or license the patent -> a patent are territorial rights -> patents have a limited lifetime -> patents cover inventions of products or processes that possess or contain new functional or technical aspects
  • What cant be patented 1. a scientific discovery without an industrial application 2. a scientific or mathematical method 3. an aesthetic creation (art, music in general) 4. a device contrary (entgegen) to be accepted physical laws (time machine) In Europe also: 5. a computer program 6. a business method 7. a method of diagnosis, surgery or therapy
  • What is a copyright? - a right against copying - protects expression of ideas, but not the idea (someone can rewrite a software and avoid copyright) - applies mainly to artistic work, but also to computer software - copyrights are free (arise automatically) and long lasting
  • What is a registered design? the two-dimensional or three-dimensional appearance of the whole or a part of the product is protected by a registered design The design must: -> be new  -> have an individual character
  • What is patentable? to be patentable, an innovation must: -> be new -> contain an inventive step -> be capable of industrial application
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