• Do you know the difference between intellectual property fact and fiction?
• Take this intellectual property quiz.

Type of intellectual property protection:	What is protected?	How long does the protection last?	What should the owner do to protect?	What are the important deadlines?
Trade Secrets	The idea itself; the expression of the idea; the embodiment of the idea in a useful thing or process.	Forever, as long as the secret is not disclosed to the public.	Implement a trade secret plan. Disclose secrets under non-disclosure agreements only. Seek court protection immediately to stop misappropriation.	Check your state’s limitation on time to bring a lawsuit for misappropriation.
Patents	The embodiment of a useful thing or process.	Generally, 20 years from the date of the filing of the patent application (for applications filed prior to June 8, 1995, 17 years from the grant of the patent).	Keep development records to prove first invention. File for patent from the U.S. Trademark & Patent Office (http://www.uspto.gov/). Prosecute patent infringers.	In the US: first to invent prevails; file application within 1 year of public disclosure. Outside US: first to file prevails; file foreign application before disclosure.
Trademarks	A word, phrase, or symbol used to indicate the source of goods or services and the goodwill associated with the mark.	As long as the mark is being used, subject to renewal every 10 years.	Use the mark consistently and continuously. Register with the state. Register with the U.S. Patent & Trademark Office (http://www.uspto.gov/) for national protection after the first inter-state transaction. Prosecute unauthorized users of confusingly similar marks.	A federally registered mark is deemed abandoned if not used for 2 years. Between the 5th and 6th year following federal registration, file "Affidavit of Use." Prior to the 10th anniversary, file renewal application.
Copyrights	The expression of the idea in a tangible medium.	The life of the author plus 70 years. For a corporation, the shorter of 95 years from publication or 120 years from creation.	Affix a © notice. File for registration with the U.S. Copyright Office (http://lcweb.loc.gov/copyright/). Use written contracts with all independent contractors to identify ownership rights of the work. Prosecute copyright infringers.	Within 3 months of publication, must file application to register the copyright to preserve right to recover statutory damages and attorneys’ fees from infringers.

Some "Ownership" Rules

A. Copyright is owned by the "author":

• independent contractor – owns the copyright unless he / she signs a written agreement including an assignment of the copyright (in that case, it is called a "work made for hire");
• employer – owns the copyright of works created by employees within the scope of employment. Does not require a written agreement.
• The author can be an individual, group of individuals, or corporation.

• employees are required to keep trade secrets even if he / she does not sign a written agreement;
• all others can be obligated to keep the secret only if they sign a written agreement.

• the inventor is the person who thought up and described the invention;
• the employer has "shop rights" in an employee’s invention made in the course of employment, that is, a license to use the invention.

• Write the intellectual property points into your business plan; provide long-range planning; provide check-lists for short-range activities and budget for any costs and legal fees.
• Educate everyone on your business team about the seriousness of protecting the value of intellectual property as an asset of the business.
• Hesitate before revealing confidential or trade secret information, not after.
• Know where the information came from and where it is going.
• Consult with experienced legal counsel before there is a problem.

Computer Ethics is a course taught for the CS/IS Department at Kennesaw State University by Ann K. Moceyunas

Last updated: August 25, 2002. Opinions expressed on this website are those of the author, Ann K. Moceyunas. Certain Portions Copyright © 1996 -2002 Moceyunas P.C. All rights reserved. Have Questions? Contact Ann Moceyunas at ann@moceyunas.com.