What can be patented? You can’t patent an idea (like an idea for a better mousetrap), only an application of that idea in a practical invention. Novelty, utility, and non-obviousness — the holy trinity of patents. Your idea has to be manifested in a tangible product or process. It’s also important to know that you cannot patent things that exist independently of human intervention, as they must be freely available to all humanity for our collective understanding and betterment. Things can get a little blurry when it comes to software. The Supreme Court has wrestled with this issue for more than 40 years and still hasn’t resolved exactly when software is patentable. You can’t patent computer algorithms since they are mathematical formulas. Software may be patentable, though, if it employs those algorithms to produce a tangible result. So now that you know what can be patented, what’s holding you back? Read the full article for more information at: www.michelsonip.com/what-can-be-patented Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org

America's Uniquely-Democratic Patent System: Why America developed the world’s first patent system for the common man, and what we got out of it as a result (hint: the strongest economy on the face of the earth). The Founding Fathers, on the other hand, wanted to stimulate the rapid growth of America’s nascent economy, which was then totally lacking in major industry and dependent on imports. Thus, they consciously designed a patent system that would do what none had done before — stimulate the inventive genius and entrepreneurial energy of the common man. By 1865, America’s per capita patenting rate was triple that of Britain’s. By 1885, it was quadruple that of Britain’s. Americans then patented five times as many inventions each year as the British. This happened even with our populations being the same size. The result? America’s patent system helped create the most successful economy on earth. It shaped our culture as well. Eli Whitney and Robert Fulton became national heroes. For the first time in history, a nation came to see its greatness in its capacity for technological progress. Read the full article on the history of patents here: https://michelsonip.com/basics-of-ip-blog-series-3-a-brief-history-of-patents/ Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org

Do patents really promote innovation? This question has been debated for 150 years. Let’s start with the basics: What causes innovation in the first place? Historians have found that the great inventors of the American Industrial Revolution such as Matthias Baldwin, Samuel Morse, Alexander Graham Bell, and Thomas Edison were all driven primarily by the expectation of profiting from their discoveries. Those discoveries, in turn, transformed human society in the 19th century. That was then. What about now? Over the last 50+ years, economists have repeatedly demonstrated that patents continue to foster innovation by incentivizing inventors to invent. In fact, they stimulated the formation of the biggest new industries of the last 60+ years — semiconductors, personal computers, the software business, biotech, mobile telephony, and Internet e-commerce. Patented inventions midwived all of them. According to Hans Bishop, the head of the breakthrough cancer treatment company Juno Therapeutics, “Let us be clear, investments in the biotech industry are based entirely on patents. Without strong patents, we cannot raise money to find cures for disease.” Read the full article here: https://michelsonip.com/basics-of-ip-do-patents-promote-innovation/ Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org

Can I copyright that? Say you’ve got a great idea for a book or a movie. The first thing you need to know is that you can’t copyright a mere idea. You can only copyright the original expression of that idea, for example, in a book, original song, poem, or some other tangible creative work. No one examines your creative work to determine whether it merits copyright protection, as they do for patents and inventions. That’s because the merit of any cultural work is a far more subjective affair — as demonstrated by the frequency with which publishers reject novels that later become literary classics. You don’t need to register your original creative work to copyright it. It is legally copyrighted the moment it is expressed in a tangible form. Registration is needed only if you wish to initiate a copyright infringement suit in federal court. Title 17 of the United States Code Section 102 lists eight broad categories of original works that are eligible for copyright. This list, while broad, actually includes many more kinds of creative works than you might imagine. For example, you can obtain copyrights for computer software, maps, games, puzzles, toys, and fabric designs. Not copyrightable, however, are abstract ideas like E=MC2 or names, addresses or facts —unless they are creatively compiled in some way. Read the full article on copyrights here: https://michelsonip.com/basics-of-ip-blog-series-7-whats-in-a-copyright/ Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org

Need fair use explained? Fair Use is an enigma — indeed, no one even knows how many words of a copyrighted work one can legally copy as “fair use.” Say you want to use someone else’s copyrighted photograph in your blog or Instagram post. Is that “Fair Use” or copyright infringement? The answer is, it depends on the nature of the use, and the purpose of the use. Often, determining Fair Use is a no-brainer. If you’re writing a book review, you need to quote from the book in question in order to comment upon it. As a result, you have transformed the original copyrighted work into a new work in your book review. There are limits to how much of a work can be copied for educational purposes. You also can’t use these photocopies as a substitute for required texts. In addition, you can’t charge for the photocopied work (except to recoup the costs of photocopying), and use of the copies by students cannot be mandatory. In cases like these, Fair Use seems simple enough. They have served the public interest and have not harmed the market for the original work. In fact, book reviews and book excerpts often increase sales of the original work by publicizing them. Read the full article on fair use here: https://michelsonip.com/basics-of-ip-blog-series-8-is-it-fair-use-or-infringement/ Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org

What should you do if you are a victim of copyright infringement? What can you do if your novel, blog post, photograph, or song is used by another without permission? Let’s say someone copies or publishes your article or photograph, or something substantially similar to it, without your permission. Is that copyright infringement? According to Title 17 of the United States Code, also known as the Copyright Act, the answer is yes. Infringement occurs when a person copies, distributes, performs, or displays all or part of a copyrighted work — or in television, conducts a secondary transmission of a cable program without the consent of the cable system owner. Once you register your copyright with the U.S. Copyright Office, you can sue that person in federal court. If you can prove infringement — either by getting the infringer to admit his guilt, or by showing that he had access to your copyrighted work and that his material is the same or substantially similar to yours — then you can recover monetary damages and lost profits. If someone willingly infringes your copyrighted work, they may also face criminal penalties — up to five years in prison for a first offense, 10 years for a second. There are two ways to prove the substantial similarity of an infringing work. One is to show “fragmented literal similarity” — meaning, that the infringing work contains specific copied elements of your original work. Exact words, melodies or lyrics, for example. The second type of similarity — called “comprehensive non-literal similarity” — is more of a qualitative “look and feel” issue. It is infringement if the structure of one work is substantially similar to another. Read the full article here: https://michelsonip.com/basics-of-ip-blog-series-9-copyright-infringement/ Brought to you by The Michelson 20MM Foundation & IPO Education Foundation, made possible by the generous support of Alya and Gary Michelson, M.D. -------------------------------- *An Intellectual Property Series by The Michelson 20MM Foundation & IPO Education Foundation* Executive Producer: The Michelson 20MM Foundation, IPO Education Foundation, Phil Kim Producers: Mayra Lombera, Marisa Moosekian Writer: David Kline Animation: Derek Porter, Motionimation Narration: Tony Pasquale Based on the book: "The Intangible Advantage: Understanding Intellectual Property in the New Economy" - download it for free here: https://michelsonip.com/intangible-advantage/. Written by: David Kline Executive Editor: David Kappos with Gary K. Michelson, Kerry L. Bundy, Richard Epstein, Paul Janicke, Paul R. Michel, Robert G. Krupka, Randall G. Kahnke -------------------------------- michelsonip.com ipoef.org If you have questions or comments please email us at info@20mm.org