Data Governance Patents, Security and Privacy Duke University, November 9, 2015 Ryan Vinelli

Data Governance
Patents, Security and Privacy
Duke University, November 9, 2015
Ryan Vinelli
Data Governance
» Patents
‒ Basics
‒ Software patents
‒ Example
» Security
» Privacy by Design
The basics
What are patents?
» Patents in the United States are administered by the United States Patent
and Trademark Office (USPTO)
» Patent prosecution: getting a patent
‒ Patent agents vs patent attorneys
» Other intellectual property rights
‒ Copyright
‒ Trademark
‒ Trade secret
The basics
What are patents (cont’d)?
» A legal protection which gives an inventor the right to stop others from
performing certain activity (a right to exclude)
‒ “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and Discoveries.”
• U.S. Constitution. Article One, section 8, clause 8 (“Copyright Clause”)
» Quid Pro-Quo: A monopoly for a set number of years in exchange for
disclosure to the public of the invention
» Note: A patent does not give the owner or the inventor a right to make, use
or sell the patented invention
The basics
Types of patents
» Utility Patent
‒ New and useful process (aka method), machine, manufacture, or composition of matter, or a
new and useful improvement
‒ 20 year life, annual fees
‒ Most common also referred to as "patents for invention".
» Design Patent
‒ New, original, and ornamental design embodied in or applied to an article of manufacture
‒ 14 years, no fees
» Plant Patent
‒ New and distinct, invented or discovered asexually reproduced plant including cultivated
sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a
plant found in an uncultivated state
‒ 20 years, no fees
The basics
How to make the
USPTO application process
Requirements for an invention:
» Novel: not previously known or
used by others
Initial assessment to determine if patentable & marketable
» Useful: A known use or produce a
concrete and tangible result
» Non-obvious: Is it obvious to
someone in the field or via a
combo of existing patents
Provisional application with USPTO
» Not patentable:
‒ Ideas
‒ Laws of Nature
‒ Scientific Principles
International Application (optional)
Notable parts of a patent:
» Background & how to make
» Claims
USPTO Utility Application
» Drawings
Software development
Software and business patents
Software and business process patents are
incredibly controversial and their patentability
are in constant flux
» Subject matter & disclosure
‒ Are they inventive?
‒ Was the invention sufficiently described?
Mark Nowotarski, Wikipedia
» Machine or transformation test
‒ A process is patentable if:
• is implemented by a particular machine in a nonconventional and non-trivial manner or
• transforms an article from one state to another
‒ Not the only test out there that courts will use
‒ Still cannot simply add a computer to a
generic idea to make something patentable
James Bessen, The Atlantic
Enabling a user to verify a price change for an ondemand service
“A method for enabling a user to
verify a price change for an ondemand service is provided. One or
more processors can determine a
real-time price for providing the ondemand service to the user. The
one or more processors can
determine when the real-time price
is equal to or exceeds a threshold
price. In response to a request from
the user for the on-demand service
when the real-time price is equal to
or exceeds the threshold price, an
intermediate interface can be
provided that the user is to correctly
respond to before a service request
can be transmitted to a service
Google patent link
Software & business patents
Practical Tips
» Know your employment agreement/contract/etc.
» Know when you invent and who is paying for that time
» Careful what public code you use or libraries you rely on
» Don’t sit on your idea (so many clocks)
» Do your research
‒ Google Patents is your friend, USPTO search if you need
Issues pop-up everywhere
» All companies face constant issues with network and IT security
» IoT and healthcare tech still maturing
Privacy by design
Privacy by Design is an engineering framework for organizations to utilize
when creating products & services involving the collection/use of personal
» Proactive not Reactive; Preventative not Remedial
» Privacy as the Default Setting
» Privacy Embedded into Design
» Full Functionality – Positive-Sum, not Zero-Sum
» End-to-End Security – Full Lifecycle Protection
» Visibility and Transparency – Keep it Open
» Respect for User Privacy – Keep it User-Centric