Intellectual Property

Types of Intellectual Property

There are four primary types of intellectual property: patents, copyrights, trademarks, and trade secrets. Each of these forms of protection is governed by distinct legal frameworks. A patent safeguards inventions by granting the inventor exclusive rights for a limited period. A copyright protects original artistic and literary works, including software code, by securing the rights of the creator. A trademark typically protects brand identifiers such as names, logos, and symbols used in connection with goods and services. Trade secrets protect specific types of confidential business or product information that provide a competitive advantage, so long as the information remains secret and appropriate measures are taken to maintain its confidentiality.

Patents

A patent granted by the U.S. Government confers the exclusive right to exclude others from making, using, offering for sale, or selling the products and services incorporating the invention through out the U.S. or importing the products and services incorporating the invention into the U.S. for a limited duration. Similarly, patents granted by foreign jurisdictions afford comparable rights and protections within their respective territories.



Patentability

To be patentable, the invention or discovery must possess the following attributes:

Utility: Must be useful; i.e., it has a real-world application.
Novelty: Must be new, i.e., the exact same thing must not have existed or been done before.
Non-Obviousness: Must not be obvious to a person having ordinary skill in the relevant technical field at the time the invention was made, based on what was already known.

Copyrights

Copyright protection is automatically granted under U.S. law when an original work is created. It protects creators’ intellectual property by preventing unauthorized reproduction, distribution, or the creation of derivative works. Copyright applies to both published and unpublished works. However, registering a work—especially before publication—provides important legal benefits, including eligibility for statutory damages and attorney’s fees in the event of infringement.

Works eligible for copyright protection include literary works, musical compositions, software, dramatic works, choreography, pictorial and graphic works, sculptures, audiovisual works, and architectural designs. In some cases, business methods or certain software applications may qualify for patent protection instead.

In most cases, copyright protection lasts for the life of the author plus 70 years.

Copyright Notice

Although registration is not required to secure copyright protection, including a copyright notice is recommended to establish ownership and help deter infringement. A standard notice format is:

Trademarks

Trademarks typically protect brand identifiers- signs that distinguish the goods or services of one party from those of others. The trademarks are generally words, names, logos, symbols, devices, sound, colors, or any combination thereof that identifies the brand and services. The mark can continue for the life of a business, renewable every 10 years, and is transferable. It can last forever. A trademark prevents others from using a confusingly similar mark on related goods or services.

UCF Example Trademark

™ Non-registered rights (state law)
® is ONLY for a registered mark

For more information, review the Basic Facts About Trademarks booklet produced by United States Patent and Trademark Office.

Trade Secrets

Trademarks typically protect brand identifiers- signs that distinguish the goods or services of one party from those of others. The trademarks are generally words, names, logos, symbols, devices, sound, colors, or any combination thereof that identifies the brand and services. The mark can continue for the life of a business, renewable every 10 years, and is transferable. It can last forever. A trademark prevents others from using a confusingly similar mark on related goods or services

International Protection

The rights granted by a U.S. patent and trademark extend only throughout the territory of the United States and are not enforceable in a foreign country. However, an inventor who wishes patent and trademark protection in other countries may apply for a patent and trademark abroad and gain credit for a U.S. filing date in other countries or through regional patent or trademark programs, such as the Patent Cooperation Treaty and the Madrid Protocol for trademarks. http://www.uspto.gov/ip/index.jsp

Important IP Laws

Intellectual property law originated with the founding of the U.S. Constitution Article 1, Section 8 of the Constitution states:

Bayh-Dole Act

The Bayh-Dole Act of 1980 is a landmark piece of legislation in the United States that allows universities, small businesses, and non-profit organizations to retain ownership of inventions and patents resulting from research funded by the federal government. Prior to the enactment of this law, the U.S. government retained ownership of such inventions, which could limit their commercialization potential.

Leahy-Smith America Invents Act

The Leahy-Smith America Invents Act (AIA) was signed into law on September 16, 2011, and represents the most significant overhaul of the U.S. patent system in over 60 years. The AIA was designed to harmonize the U.S. patent system with international standards, streamline processes, and improve patent quality. One of its most notable changes was the shift from a first-to-invent system to a first-inventor-to-file system.

Data Rights under Federal Acquisition Regulation (FAR)

The Federal Acquisition Regulation (FAR) governs the process through which the federal government and its agencies purchase goods and services. FAR sections related to data rights specify the inventor’s entitlements to data produced, furnished, acquired, or specifically used in fulfilling contract performance requirements with the government or a federal agency. Under FAR, “data” refers to recorded information, regardless of the form or media on which it is recorded, and includes technical data and computer software. Specifically, FAR 27.401 and 52.227-14 address the government’s rights and the inventor’s rights to data, including ownership, usage, and licensing conditions for any data created or delivered as part of the contract. These provisions ensure that inventors maintain certain rights over data produced during government-funded research or development efforts while also delineating the rights the government holds.

Protect Intellectual Property

Protecting intellectual property (IP) before public disclosure or publication is critical to preserving its value and safeguarding innovation. Early protection helps ensure that rights are secured and opportunities for commercialization are not compromised.

Intellectual property protection is important for several key reasons. It encourages innovation and supports the translation of research into real-world applications. It attracts funding and fosters industry partnerships by providing clarity and security around ownership. It contributes to economic development through commercialization and job creation. It generates potential revenue for inventors and the university. It also ensures public benefit while supporting academic recognition and impact.

By taking appropriate steps to protect IP, inventors and institutions can maximize the potential of their discoveries. Consider the following actions to safeguard your intellectual property.

i

Employee Agreements and Confidentiality Protocols

Coordinate with the Office of Research or Office of Technology Transfer. Ensure the execution of a Non-Disclosure Agreement (NDA) to manage the sharing of confidential information with third parties (e.g., funding agencies, private sponsors, entrepreneurs, etc.).
Submit Invention Disclosure. Promptly submit an invention disclosure to the Office of Technology Transfer as soon as an invention is created or developed, and complete all necessary paperwork to protect the invention on behalf of UCF.

p

Limiting and Tracking Access to Proprietary Information

Identify and Label Confidential Information Clearly identify and label all proprietary and confidential information to prevent unauthorized access.
Secure Information and Establish Clear Policies Implement robust security measures for confidential information and establish clear employee policies for handling such data.
Visitor Protocols. Ensure that visitors sign in and are escorted in areas containing confidential information.
Review Publications and Presentations. Carefully review all publications, website content, presentations, and other materials for confidentiality concerns and potential protection of intellectual property.

l

Provide Notice of Rights

It is important to clearly indicate that an invention, creative work, or brand is legally protected by including the appropriate notice. These notices help establish ownership, assert rights, and inform the public of applicable intellectual property protections:

- - © – Copyright protection
  - Patent Pending – Indicates that a patent application has been filed but not yet granted
  - ™ – Trademark for an unregistered mark
  - ® – Registered trademark, indicating official registration with the U.S. Patent and Trademark Office. Including these notices ensures proper recognition of intellectual property protection and helps prevent unauthorized use.



Record Keeping Procedures

Maintaining an accurate and detailed lab notebook is essential for establishing the priority of an invention and safeguarding intellectual property rights. The notebook should include entries such as the date, a clear and concise description of the work performed, a record of all developmental stages, results, and documentation of the invention and personnel contributed to the invention intellectually. By adhering to these record-keeping procedures, inventors can create a clear and verifiable timeline of their invention’s development, which is crucial for establishing priority in patent disputes and ensuring the protection of intellectual property rights.



Deadlines

For a patent there are different rules in different countries relative to public disclosure. Public disclosures includes publication, either in print or on the internet, presentations at professional society meetings, technical discussions, casual or formal, with colleagues from other institutions or from companies.
In the US, a patent application can be filed up to one year after public disclosure.
In most other countries, however, once a technology is disclosed it cannot be patented.



Office Of Technology Transfer