大奖娱乐官方网站主页The format of laboratory notebooks varies widely; researchers may decide the most appropriate format for cataloging their research.
大奖娱乐官方网站主页Records should be witnessed or corroborated by a person with sufficient knowledge of the subject and the ability to understand the data and methods used in the research; however, this individual should not be a co-inventor. Researchers should have a witness sign and date records and explicitly state that the data were observed and understood.
大奖娱乐官方网站主页 states the researcher owns the raw data associated with the research, including the laboratory notebooks and other records generated during the course of the research. prior to authorization or release.
There are various types of intellectual property protections that enable the owner to receive various benefits related to the invention.
Inventions and Patents
The defines an invention as “any art or process (i.e., way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States.” Inventions may be made by a sole inventor or several inventors. Whether the invention is created by one individual or a team, the US Patent and Trademark Office specifically states that an inventor “contributes to the conception of an invention.”
大奖娱乐官方网站主页A patent secures its owner, who is not necessarily the inventor, the right to take legal action to prevent others from making, using, and selling the invention of a limited period. A patent is granted for 20 years from the date in which it is filed; the term may be extended for certain inventions subject to federal regulatory delays (pharmaceutical products, for example).
大奖娱乐官方网站主页U.S. patent law requires that patents may be granted on a new and useful process, machine, article of manufacture, composition of matter, or any improvement on these. Patents may also be granted on a distinct and new variety of plant that is asexually reproduced and any new, original, and ornamental design for an article or manufacture.
Patents also require an invention to meet the following three criteria:
- It must be new or novel. The invention must be demonstrably different from any existing prior art. “Prior art” consists of technology that is relevant to an invention and was publicly available at the time an invention was made. Inventors must be able to identify all prior art and distinguish how the claimed invention significantly differs.
- It must be useful. The invention must be useful in ways that represent improvements over existing products and/or techniques.
- It must be non-obvious. The invention cannot be obvious to an individual with “ordinary skills” in the art. “Ordinary skill” refers to the level of knowledge, experience, and expertise possessed by an ordinary engineer, scientist, or designer in the field relevant to the invention.
The states that an author has statutory copyright protection for a work from the time it is put in a fixed, tangible form. Authors obtain a number of exclusive rights under copyright protection:
- The right to reproduce the work.
- The right to prepare derivative works based on the original.
- The right to distribute copies to the public.
- The right to perform the work publicly.
- The right to display the work publicly.
For works owned by the original authors, copyright extends for the author’s life plus 50 years. When the author is an employer rather than the individual(s) who prepared the work (a “work for hire”), copyright extends from the earlier of 75 years from the date of publication or 100 years from the time the work was created. Under the two major concepts of fair use and library reproduction rights, the 1976 Copyright Act gives the general public the right to make very specific limited use of copyrighted works, usually for educational purposes, at no cost and without permission of the authors.
The copyright notice attached to a work intended for publication, includes the name of the copyright owner, the year in which the work is published and the copyright symbol:
© 2006 Lee G. AuthorOR
© 2006 University of Wisconsin-Milwaukee
The year given in the copyright notice should not be updated each time the work is printed, copied, or published.
Changes in the Copyright Statute
The copyright notice is no longer required for works published after 1 March 1989. All works published for the first time after that date may be assumed to be automatically copyright-protected, even though no copyright notice appears.
The term computer software大奖娱乐官方网站主页 is used to designate computer programs, in the broadest sense, and include users’ manuals and other explanatory material that accompany computer programs, and computerized databases. Also included are microcodes, subroutines, operating systems, high-level languages, application programs in whatever form expressed (machine or assembly language, source or object code) or embodied (chip architecture, CD-ROM, disk or tape storage, program listings).
The primary goals in protecting and managing software are to promote the widest possible distribution for the benefit of the public, and to produce revenue for the author of the software and the department. There are two basic approaches to distribution:
- The author or the department can distribute directly to users for a fee or at cost.
- The author, or in some cases the University, can make a distribution agreement with a commercial entity.
Although some software can be copyrighted and/or patented, the statutory situation surrounding its protection is confusing and constantly changing. Authors should be especially careful in protecting and distributing software. Some starting points and tasks to consider in protecting and disseminating software are the determination of:
- Best method for broad distribution of the software (for a fee or at cost directly by the author’s laboratory, or through an agreement with a commercial organization).
- Disposition of income resulting from distribution.
大奖娱乐官方网站主页Whether or not commercial distribution of software is anticipated, it is important to protect software so that the author or , under which computer software (as well as all other copyrightable work) is protected by federal statute from the moment it is “fixed” in a tangible form.
The steps for obtaining copyright protection for computer software are the same as those for other copyrightable works. However, the option to formally register the software is ordinarily not pursued. Registration requires deposit of copies of the work with the . Such deposit of unpublished software may serve to make the work more easily accessible to non-authorized users who, by making slight changes, may create a “new work.” Under the present law, it is possible that this “new work” will not be considered an infringement of the original. Copyright protection can be claimed without registration or the deposit of copies with the Copyright Office. Registration is primarily useful if litigation occurs. Works can be registered at the time a suit is brought.Although it is important to claim copyright protection, copyright alone is not always adequate protection for software. Copyright law protects the form in which ideas are expressed, not the ideas themselves. Therefore, elements of software can sometimes be utilized without infringing the copyright in the software. From a commercial point of view, copyright protection for software is frequently inadequate.Software as Proprietary Information
The limited protection offered by copyright law can be enhanced by designating software as “proprietary information” and requiring users to treat it as such. This demonstrates the author’s view that the intellectual property is valuable and should be protected against potential infringers.Establishing a proprietary position is crucial to attracting outside organizations capable of distributing the software. Generally, commercial distributors will not undertake marketing efforts unless software has been protected as fully as possible from the start both by copyright and by the requirement that users treat the software as proprietary information. The requirement that software be treated as proprietary information applies to the software and accompanying materials only (e.g., programs and manuals) that are readily usable by others and not on the basic scientific concepts upon which the software is based. In keeping with ( (UWMRF). The or Office of Sponsored Programs
大奖娱乐官方网站主页 for assistance.
: Patent Policy
: Computer Software Ownership
: Copyrightable Instructions Materials Ownership, Use, and Control
Federal Government Resources
Federal Granting Agency Resources