INTELLECTUAL PROPERTY:
A GUIDE FOR ENGINEERS
A PROJECT FOR THE
COMMITTEE ON ISSUES IDENTIFICATION,
AMERICAN SOCIETY OF MECHANICAL ENGINEERS
BY THE
COMMITTEE ON PUBLIC INFORMATION,
SECTION ON INTELLECTUAL PROPERTY LAW
AMERICAN BAR ASSOCIATION
ASME PRESS • NEW YORK • 2001
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THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
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FOREWORD
Intellectual property, the product of creative and hard working people, needs to be protected in ways that allow creative people to benefit from their efforts. Engineers create and use intellectual property and manage knowledge to their own benefit, as well as to the benefit of their company and society at large. To help engineers understand intellectual property issues, the Committee on Issues Identification of the Council on Public Affairs of ASME International collaborated with the Committee on Public Information of the Section of Intellectual Property Law of the American Bar Association (ABA) to create an intellectual property guide for engineers.
The guide is designed to provide a basic understanding of intellectual property issues, specifically those related to patents, trademarks, copyrights, and trade secrets. The guide is not meant to be a comprehensive statement of the law, and legal advice is always recommended when making a business decision.
As Chair of the Committee on Issues Identification, I would most like to thank the Honorable Gerald J. Mossinghoff, Senior Counsel, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., and Chair of the ABA Committee, for his outstanding contribution to this guide and for his interest, inspiration, generosity, and patience throughout the project. He is the primary author and an expert in intellectual property issues.
I would also like to thank fellow members of the Committee on Issues Identification for their thoughtful contributions, particularly in reviewing and commenting on the drafts of the guide: Guy Arlotto, retired; George Flowers, Auburn University; William Hutzel, Purdue University; Dena Sue Potestio, National Conference of State Legislatures; Arnold Rothstein, Facilities Services Company; William Weiblen, retired; and Dave Wieland, John Deere Waterloo Works.
The contributions of the following people are also greatly appreciated: Sonya Engle, ASME Public Affairs Program Manager, for her efforts in coordinating the overall project; John Paul, Chair, ASME Technology & Society Division; Gloria C. Phares, Patterson, Belknap, Webb & Tyler; Phil Hamilton, Managing Director, Public Affairs; Chor Tan, Managing Director, Education; Harry Armen, immediate past Senior Vice President, Public Affairs; Yogi Goswami, Senior Vice President, Public Affairs; and Steven Lustig, past Leadership Development Initiative intern, Public Affairs.
Marc Goldsmith
Chair, Committee on Issues Identification
CONTENTS
FOREWORD
INTRODUCTION
Part I PATENTS
History
What Is a Patent?
What Conditions Must Be Met?
Why Obtain a Patent
The Nature of Patent Rights
How to Obtain a Patent
The Employed Engineer as Inventor
Enforcement of a Patent
Trends in Patents
Patent Issues
PART II COPYRIGHTS
History
What Does a Copyright Protect?
How Is Copyright Acquired?
Who Owns the Copyright in a Work and How Is It Transferred?
How Long Does a Copyright Last?
What Copyright Can Do for You