Have you ever had an idea that was so good you thought you could sell it? A new invention? A recipe? A story or song? If you took it one step further and actually made, cooked, or wrote it, the work you put into it would be your very own intellectual property.

Intellectual property is a form of information or knowledge. It is often said that knowledge is power. The more you know, the more you can contribute – in conversation, in collaboration, and in everything you do. And you should be recognized for your contributions, shouldn’t you? Inventors, chefs, songwriters, and authors are all recognized for the things they develop. The same is true for those in engineering and advanced manufacturing.

Information is a powerful resource for design and engineering, and harnessing information in the form of intellectual property helps engineers keep track of, and be credited for, their work. With all the data flowing through the digital thread, it’s important to protect it. In this article, you will learn about the various ways people, and corporations, protect their intellectual property and the responsibilities those people and corporations have in exchange for the benefits that protection provides. 

Part 1: Intellectual Property

Intellectual Property (IP) is what is known as an intangible asset. It is something of value that is not a physical object (e.g., the lyrics or tune of a song, the words of a speech, the recipe for a perfect shrimp boil). Intellectual property brings value to its owner, who therefore has an interest in protecting it so others cannot reproduce it without compensation. Here are some examples of intellectual property a person or company would want to protect:

• Design: an outline, sketch, or plan to create a work such as an art piece, building, or machine. A design can also be for making an improvement to an existing object. 
• Process: a systematic series of actions directed toward some end. A way of doing something.
• Song, Poem, Movie, or Literary/Art Work: a composition of words, phrases, tunes, or scenes designed to entertain or inform.
• Software: the programs used to direct the operation of a computer as well as documentation on how to use them.
• Business Name, Mascot, Logo: a distinctive mark or feature particularly characteristic of or identified with a person or thing.
• Discovery: the act or process of seeing, finding, or gaining knowledge of something previously unknown
• Recipe or Formula: a set of instructions for making or creating something. A formula can be a fixed method for doing something (like a writing genre).

Watch this video to learn more: Web Link - Understanding Intellectual Property (IP)

Part 2: Trademarks, Copyrights, and Patents

Intellectual property in the United States is protected by the federal government in the form of trademark, copyright, and patent. Each type of protection can be applied for and registered with the United States government either through the U.S. Patent and Trademark Office or with the U.S. Copyright Office at the Library of Congress. The difference between these protections is based on the type of work it is. Trademarks and copyrights are simpler and easier to get than patents.

Table 1: Definitions and Examples

Data courtesy of: Web Link - Trademark, patent, or copyright  

There are three types of patents you can apply for (this article will focus on utility and design patents):

• Utility Patents protect the functionality of your invention. They are very technical and often have design notes as part of the technical drawings and descriptions. The technical data package and digital threads you learned about in   will come in handy here.
• Design Patents protect the look of the invention – its non-functional parts. They are usually less complex and less difficult to get than utility patents.
• Plant Patents protect plants that have been discovered and recreated by using a cutting or other form of asexual reproduction. They cannot be reproduced from seed.

For this article, we will focus on utility and design patents, as those are often confused. 

Watch this video to learn more: Web Link - Design Patents & Utility Patents - Learn the Differences Between Design and Utility Patents

If you have an invention that you wish to patent, there are very specific steps you need to take in order to create and submit your patent application. The first is to search existing patents to be sure your idea meets the requirements for patentability. These are the five requirements you must meet to successfully apply for a patent:

Requirements for Patentability 

1. The process, machine, manufacture, composition of matter, or improvement thereof must be due to human innovation, not natural phenomena.
2. Useful: has some benefits and can, actually, be used. In other words, a reasonable person has to agree that it is useful and actually works as documented.
3. It has to be new, or novel.
4. It has to be “non-obvious” meaning that it isn’t just a natural outgrowth of earlier innovations.
5. Enablement is the final requirement. This means that the description of the innovation must be sufficient for someone skilled in the area of innovation to recreate it based on clear and concise technical documentation – it must include your digital thread.

More information about the requirements are found at Web Link - USPTO Patent Requirements

Use this site to explore existing patents using the Quick Search feature. Web Link - USPTO Patent Search Tool  

Think about how you might improve on the products you find in your searches. Note that you can click on “View Full Page Images” in the left column and search for the patent number to see all the images and drawings provided for the patent awarded. You will do more searching in the next activity.

Part 3: The Ethics of Intellectual Property

The ethics of intellectual property are complex – from individual claims to ownership, to how a corporation uses its intellectual property to benefit society are all complicated issues. But all innovators – both employees and corporate leaders – need to know how to navigate these issues in order to protect themselves and be good citizens in the world of intellectual property.

Works for Hire

A work for hire is something you create for an employer or client that you do not claim copyright for. In most cases, if you are employed by someone or some entity, that person or company owns the rights to anything you create. That said, if you are not, technically, an employee, but instead are what’s called a contractor, you may have some rights, but they need to be stated, in writing, between you and the person or company that hires you. See this site for more information: Web Link - Works For Hire

Trade Secrets

A trade secret is information that can also be protected by law. It is not as commonly discussed as patents and trademarks, but it is something of value that a company or individual can protect for profitability. An employee, or anyone, who reveals a trade secret can be prosecuted under either state or federal law. This fact complicates the process under which employees change jobs, as the company they are leaving has a responsibility to make sure the employee does not reveal, even unknowingly, trade secrets to the new company. Many negotiations often take place to ensure this doesn’t happen. The U.S. Patent and Trademark Office provides good information and an explainer video on the importance of, and how to protect, trade secrets. 

Corporate Citizenship

Just as employees have a responsibility to their companies, companies have a responsibility to their employees. And Corporate Social Responsibility (CSR) programs often have a provision for dealing with intellectual property. Good corporate citizens not only are conscientious about protecting their own intellectual property but also respectful and demonstrative in protecting the intellectual property of others. As you enter the workforce, you will navigate these issues yourself by knowing when your work is “yours” and when it is the property of your employer. 

Additional Resources to Explore:

• Web Link - Trade secrets / regulatory data protection
• Web Link - Trade Secrets
• Web Link - Intellectual Property Crash Course
• Web Link - Creative Commons
• Web Link - Managing Intellectual Property in the Era of the Socially Responsible Organization
• Web Link - The United States Patent and Trademark Office