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MARKETING MATTERS BY THE LAW CAST TIP


Intellectual Property Law and Metalcasting F


DAVE RESSER, WEGMAN, HESSLER & VANDERBURG, CLEVELAND


rom time to time when net- working with metalcasters, conversations turn to various


aspects of intellectual property. Some- times, these conversations develop out of topics from current events, while other times people are sharing their ideas about novel ways to run their metalcasting processes and equipment and would like to know how to protect those inventions. Every metalcasting facility has


some form of intellectual property. Unique molding processes, e- mail lists, logos, sales process- es, and even your website do- main are intellectual property. Tese assets become important when evaluating your busi- ness for investors, banks, and creditors. You might not think of intellectual property as the most exciting component of the metalcasting business; however, knowing your intel- lectual property can help your business thrive. Not knowing it can lead to fines, lawsuits and expensive litigation. Intellectual property is


more of a process, machine, manu- facture or composition of matter. For metalcasters, this could include a new austempered ductile iron composition, a casting made from that composition, a method of making that composition, or a novel molding machine. Trademarks—Trademarks often


are viewed as source indicators for a product or service. Trademarks can be registered for words, phrases, logos, or even colors where those items represent a particular source for the


Every metalcasting facility has some form of intellectual property. Unique molding processes, e-mail lists, logos, sales processes, and even your website domain are intellectual property.


generally considered to have four major categories. Knowing the differences between the four categories and their scope of protection can help you foster innovation at your business, give you heightened awareness of how to protect your intellectual property, and help you avoid giving it away. Patents—Patents are essentially an incentive from a governing body to create a conducive environment for scientific advancement. In exchange for fully explaining how an inven- tion is practiced, the inventor may be granted the right to exclude others from practicing that invention. Tis exchange of information is generally considered to contribute to our col- lective knowledge and spur others to invent based upon previously disclosed inventions. Patents are typically valid for up to 20 years from the original filing date. Under U.S. law, the patent application must be directed to one or


goods or services. For example, you may trademark your company name, logo, or a trade name for a melt ad- ditive. However, the U.S. Patent and Trademark Office will often refuse trademark registrations if other marks are in the same general category of business and confusion is likely between an applied for mark and an existing mark. Trademarks can be renewed indefinitely (if government fees are paid in regular intervals) given that the mark remains in use according to the original application. I can think of no better example of the power of trademarks than from my then 3-year old who would happily point out all of the locations where she could find French fries simply by looking at roadside signs. Copyrights—Copyrights are


granted by a division of the U.S. Library of Congress and provide rights


to the author(s) of particular works to prevent copying. In the metalcast- ing industry, you may attain a federal copyright for a catalog or a set of directions for using a product, for in- stance. Te current available maximum term for a copyright is the life of the author plus 70 years. Like trademarks, this maximum term is available when government fees are regularly paid. Infringement of a copyright requires someone to create distribute a “copy” of a protected (copyrighted) work that is “substantially similar” to the original version. Tis requires the “copyer” to have knowledge of the original work. Like pat- ents, copyrights provide rights to an author to exclude others in exchange for advancement of society, in this case, in the realm of art and culture. Trade Secrets—Trade secrets


are typically of the same subject matter as patents, such as a process, machine, manufacture, or composition of matter. However, trade secrets are purposely not divulged to anyone outside a trusted circle. In this way, the inventor or business is trying


to gain perpetual protection for the invention without having to disclose the invention as would be typical in a patent application. By holding the secret, the holder intends to gain the benefit of being the only practitioner to use the invention. Tere are plenty of trade secrets in the metalcasting industry, such as methods of running a casting process, recipes for attaining optimal melt qualities, and methods of finish- ing castings. Trade Secret law is in flux right now as both houses of Congress have passed bills for the Defend Trade Secrets Act 2016, and it appears likely the bill will be signed by the President to strengthen trade secret rights. It is important to remember that


protection for a particular part of intellectual property typically does not cross boundaries between these four categories, and these terms are not interchangeable.


July 2016 MODERN CASTING | 41


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