IP Module Discussion

The three elements that our team might apply Intellectual Property protection for is any sensor monitoring system developed for tiki torch fluid chamber, the manufacturing process for tiki torches, and the current tiki torch model provided by the client. If our team in the duration for MSD successfully develop a sensor based monitoring system for the tiki torch system, we will be able to file our own patent with the US Patent Office to protect our IP. The manufacturing process for the BugTorch may be considered a Trade Secret and be protected by an NDA. As a team, we may have the ability to work with the client and suggest additions to their manufacturing process as our team help introduce new ideas. The current tiki torch model is currently protected by a US patent filed by our client Joe who is the inventor of the BugTorch system. In the event that our team at the end of MSD successfully design a system that will help add to the current state of the BugTorch system, I believe our team should pursue US patent protection. This would help add experience to our resumes and showcase our design and engineering skills.

Three more elements that can be considered as intellectual property include the name of the system, the software developed to control it, and the circuitry containing the microcontroller and sensors. Starting with the name of the system: BugTorch; names or titles can be protected under a trademark.  The software design of the system can be protected under two or three separate forms of IP.  For example, if the software had a specific name that would fall under trademarks.  If it needs the development of an algorithm that falls under patents.  And, if there are ideas that come from the developer’s concepts this could be considered for copyright.  Lastly, the individual circuitry developed can be filled for patents or amend the current patent if they advance the scope of the project.

With all that being said, if the team does create something that falls under these categories it would be foolish not to pursue intellectual property protection.  Although, it may not fall under our names as the project sponsor has requested rights to any of our IP developed working on this project.  This means that the IP we would get protection for would have to be assigned to the client.

Greetings Team.  I finally got access - thank you.  I'm posting here because i'm not sure where else to post comments to let you know I'm in. 

Quick info re: IP stuff above, yes - BugTorch asked for assignment of inventions.  But anything you invent that gets patented would have your names as co-inventors, be on pubic record and of course, resume worthy.  Also, the way patents work, if new ideas within the scope of the parent patent are filed, they would likely be continuations or continuations-in-part, maybe divisional filings - call them derivatives.  All these types have specific meaning @ USPTO but as parts of the larger whole, the operate within the scope of the "system" patent that was granted.  

It is possible to file patents unrelated to the narrow use within the torch system.  These functions generally would require professional patent search to see if worthy of fiing or at least anticipate what prior art exists.  The results of that search would be required to be disclosed with the actual patent filing.  While examiners must perform their own independent search, making their job lighter by providing informed results makes a stronger application and enhances the opportunity in draft stage to anticipate rejections, address distinctions, and pre-empt rejections from the the USPTO Initial Office Action, which is full of NO and reasons why.  

That said, we have submitted five other filings (two international) covering sub-tending functions and apparatus to make the system and unique protectable features serving the whole bullet proof.  in the future, some of those things (features) might also be available for sale on a standalone basis to third parties (tbd).  I have a summary explanation and chart that articulate the strategy as well as copies of all filings.  You are welcome to see anything - just lmk. 

Last, I don't know how much you (collectively or individually) are interested in IP.  And while i know little about the deep science / engineering of the invention, i do know a fair amount about IP in all forms and knew enough to file a patent to meet the bar.  I have been protecting my IP own works since 1980s, including drafting my own software licenses before shrink wrap.  All my experience has been practical, obtained at great expense and some brain damage   

So - whether unrelated to this project or within its scope, if you would like to understand more deeply any aspect of US intellectual property rules, law, and procedure for personal benefit, just ask. 

You're all engineers.  While IP may not be part of any curriculum, it is a fact of life post-grad,  i'd be honored to share anything with you.