This document discusses intellectual property protection possibilities and issues related to smart phone apps that university technology managers should consider. It outlines how utility patents, design patents, copyright, and trademarks can protect aspects of smart phone apps. It also identifies potential pitfalls in universities' patent, copyright, and trademark policies regarding their coverage of smart phone apps and whether students should be included. Scenarios involving apps developed by employees, students, and jointly are presented to illustrate policy issues around ownership and infringement.

1. Smart Phone Apps Policy Issues and Potential Pitfalls for University Technology Managers

2. Agenda IP Protection Possibilities Issues and Potential Pitfalls Patent Policy Copyright Policy Trademark Policy Issues and Scenarios for Technology Managers

3. Intellectual Property Protection Possibilities for Smart Phone Apps Utility Patent – Method Design Patent – Smart Phone Icons Copyright – Computer Programs and Screen Displays Trademark – Icon

4. U.S. Patent No. 7,930,283

5. U.S. Patent No. D628,590

6. Copyright Registration Green Rewards & Affinity LLC Computer Program (may include a videogame) Title: iMagnify® - Hospitality Software. Description of Work : Software program designed to run on a smartphone … a handy utility to allow people who forget their reading glasses to still read the fine print when traveling, in restaurants, in supermarkets, squinting at stock tables, newsprint, stamps, coins etc. The software controls the built-in camera of the smartphone to magnify the image for easier reading on the screen.

9. Patent Policy Does state law direct policy? Example: in Ohio, ORC 3345.14: All rights to and interests in discoveries, inventions, or patents which result from research or investigation conducted in any experiment station, bureau, laboratory, research facility, or other facility of any state college or university, or by employees of any state college or university acting within the scope of their employment or with funding, equipment, or infrastructure provided by or through any state college or university, shall be the sole property of that college or university. …[N]o faculty member, employee, or student of such college or university participating in or making such discoveries or inventions, shall have any rights to or interests in such discoveries or inventions…

10. Patent Policy – continued Survey of Policies Reveal Language Broadly Enough Written to Cover Any Patentable Subject Matter. Example 1: Patentable Intellectual Property: “Inventions, discoveries, and manufacturing designs that have been reduced to practice, and are novel, useful, and non-obvious, and therefore likely to be subject to protection under United States patent law." Example 2: “Discoveries, inventions, or patents that result from research…"

11. Copyright Policy Policies Vary With Goals and Objectives of Universities. Example 1: Applies to all persons using University resources. Original works of authorship that have been fixed in a tangible medium of expression, including books, articles, artwork, music, software, traditional or electronic correspondence, and on-line instructional materials. Example 2: Specifically excludes students & software from policy. Copyrightable material includes: employee-authored books, journal articles, research studies, musical works, syllabi, distance learning courses, workbooks, examinations, tests, lectures, lecture notes and power point slides.

12. Trademark Policy Policies Vary With Goals and Objectives of Universities. Example 1: University owns all right, title, and interest in the Trademark. Example 2: University IP policy does not address Trademarks.

13. Issues & Scenarios Do Current Policies Address Smart Phone Apps? Do They Need To? Consider: Utility Patent – Software Design Patent – Smart phone icons Copyright – Computer Programs and Screen Displays Trademark – Icon

14. Issues & Scenarios If not Prescribed by State Law, Should Students be Included in the University Patent Policy? Should Students be Included in the University Copyright and/or Trademark Policy?

15. Issues & Scenarios Consider Scenarios: Employee develops Smart Phone App within Scope of Employment. Student develops Smart Phone App using University-owned facilities. Student develops Smart Phone App without using University-owned facilities. Student develops Smart Phone App as a class assignment App is created as a joint work by a student and a faculty member.

16. Issues & Scenarios Infringement Issues Copyright and/or Trademark infringement of student and/or faculty developed App/Icon: Who investigates? Does Putative Original App Infringe the Work of Another? Code, Icons, Screen Images Who investigates? Revenues from Advertising