Posted by M. Arthur Auslander on November 27, 1998 at 12:12:09:
In Reply to: Intellectual Property Rights - Extent? posted by Stephen Rowe, Ph.D. on November 25, 1998 at 05:56:30:
: Party (A) creates a “toolbox” of innovative, visual/graphical tools for data-driven manufacturing/quality improvement. Collectively these tools are called "Production-Friendly Data Tools" (TM). Their common thread is a characteristic, innovative use of color, space, and symbols to greatly enhance the information that can be encoded into more traditional, standard plots and charts. Parties (B) and (C) pay to learn these tools through a seminar offered by (A).
: (B) is a manufacturing engineer who wishes to use these tools in his company’s plant(s).
: (C) is a consultant who wishes to learn these innovations, call them something else, and market them for his own gain.
: To what extent does intellectual property law protect (A)? How are the interests of (B) and (C) different?
: Stephen Rowe, Ph.D.
: Tri-State Quality Manufacturing Network
: Author Of The "Production-Friendly Data Tools" (TM) Series and Inventor Of The Exciting "Gravity-Curvature Response Surface Simulator" (TM)
: Industrial Statistician [training and consulting]
: tsqmn@asqnet.org
: (219) 495-2093
Without taking professional responsibility for this advice and after doing research:
(A) has little protection without a patent. The system may or may not be patentable. The trademark may not be registerable as being descriptive.
(B) has free acess to the information if obtained other than by taking a trade secret. Freedom to use ends on issuance of patent. Rights have to be enforced.
(C) can use except as B. There may be some unfair acts in misrepresentation of the source.
(B and C) are different as you have defined them.
aus@auslander.com
2125946900