Understanding Intellectual Property

Intellectual Property 

Intellectual property encompasses all forms of creativity such as inventions, software, discoveries, creative or artistic works, know-how, processes, and unique materials. For example, intellectual property may be machines, devices, instruments, computer programs, circuits, biological materials, chemicals, books, videos, photographs, paintings, sculptures, or songs.

Intellectual property is protected by law through patent, copyright, trademark, and trade secrets. Multiple forms of protection may be used on the same piece of intellectual property. For example, computer software can be protected by copyright, patent, trade secret, and trademark. 

Intellectual property is also protected through agreements which control access and use of the intellectual property.

The Bayh-Dole Act

The Bayh-Dole Act, adopted in 1980, was established to promote economic development by allowing small businesses and non-profit organizations (including universities) to own inventions made under federally-funded research programs. The Bayh-Dole Act set the stage for university participation in technology transfer activities. The government retains certain rights which include requiring use of licensed inventions to prevent sequestering, requiring U.S. manufacture for exclusive licenses, and retaining non-exclusive rights for government purposes.

The Association of University Technology Managers has more information about the Bayh-Dole Act and its significant impact: https://autm.net/about-tech-transfer/advocacy/legislation/bayh-dole-act

For more information on patents, copyrights, and trademarks, visit the United States Patent and Trademark Office Website at www.uspto.gov.