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Fine Print: Intellectual Property for Engineers

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Fine Print: Intellectual Property for Engineers

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Noah Kantrowitz

October 03, 2026

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  1. Noah Kantrowitz He / him SRE @ Geomagical Labs, part

    of IKEA coderanger.net  @[email protected]  @coderanger.net
  2. Disclaimer One I am not an attorney and this is

    not legal advice. This is for entertainment purposes only. Consult an attorney for specific advice. No really don't do anything in a court of law based on the advice of a guy on a stage.
  3. Disclaimer Two This is mostly US-centric. Intellectual property laws and

    customs vary around the world. Again, consult an attorney.
  4. Statute of Monopolies “… shall not extend to any letters

    patents (b) and grants of privilege for the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures within this realm (c) to the true and first inventor (d) and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use …”
  5. Statute of Anne “Whereas Printers, Booksellers, and other Persons, have

    of late frequently taken the Liberty of Printing, Reprinting, and Publishing, or causing to be Printed, Reprinted, and Published Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families: For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books; May it please Your Majesty, that it may be Enacted …”
  6. Exclusive Rights ‣ “… reproduce the copyrighted work in copies

    …” ‣ “… prepare derivative works …” ‣ “… distribute copies to the public …” 17 USC § 106
  7. Subject Matter “… original works of authorship fixed in any

    tangible medium of expression …” 17 USC § 102
  8. Not Allowed ‣ Facts and names ‣ Ideas ‣ Government

    works ‣ Un-creative works ‣ "Useful articles"?
  9. Term ‣ Before 1923 – None ‣ 1923 to 1978

    – 95 years (or less) ‣ After 1978 – Lifetime plus 70 years ‣ Work for hire – 95 or 120 years 17 USC § 302-303
  10. Finish Him Claims Jury Judge Appeal Jury Appeal SCOTUS ?

    Images © Marta Pucciarelli and Oracle America Inc.
  11. Claims Jury Judge Appeal Jury Appeal SCOTUS Settled Settled Images

    © Marta Pucciarelli and Oracle America Inc.
  12. Claims Jury Judge Appeal Jury Appeal SCOTUS Settled Settled Images

    © Marta Pucciarelli and Oracle America Inc.
  13. Claims Jury Judge Appeal Settled Settled Jury Appeal SCOTUS 

    Images © Marta Pucciarelli and Oracle America Inc.
  14. Right to Exclude “… whoever without authority makes, uses, offers

    to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” 35 USC § 271
  15. Enabling Disclosure “… enable any person skilled in the art

    to which it pertains … to make and use the same, and shall set forth the best mode contemplated …” 35 USC § 112
  16. “Thus, if a patent’s recitation of a computer amounts to

    a mere instruction to ‘implemen[t]’ an abstract idea ‘on . . . a computer,’ that addition cannot impart patent eligibility.” “Given the ubiquity of computers, wholly generic computer implementation is not generally the sort of ‘additional featur[e]’ that provides any ‘practical assurance that the process is more than a drafting effort designed to monopolize the [abstract idea] itself.’” 134 S. Ct. at 2358.
  17. Valid Marks ‣ Words ‣ Phrases ‣ Logos ‣… ‣

    Sounds, shapes, scents 15 USC § 1052
  18. “A person who has a bona fide intention, under circumstances

    showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register …” 15 USC § 1051
  19. Polaroid Factors ‣ Strength ‣ Intent ‣ Similarity ‣ Relatedness

    ‣ Proximity ‣ Customers ‣ Gap ‣ Actual confusion Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961)
  20. ‣ “… all forms and types of financial, business, scientific,

    technical, economic, or engineering information …” ‣ “… the owner thereof has taken reasonable measures to keep such information secret …” ‣ “… the information derives independent economic value, actual or potential, from not being generally known …” 18 USC § 1839
  21. Copyright (c) <year> <copyright holders> Permission is hereby granted, free

    of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
  22. The above copyright notice and this permission notice shall be

    included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  23. My Patents Additional Grant of Patent Rights Version 2 "Software"

    means the React software distributed by Facebook, Inc. Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software ("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable (subject to the termination provision below) license under any Necessary Claims, to make, have made, use, sell, offer to sell, import, and otherwise transfer the Software. For avoidance of doubt, no license is granted under Facebook's rights in any patent claims that are infringed by (i) modifications to the Software made by you or any third party or (ii) the Software in combination with any software or other technology.
  24. Your Patents Subject to the terms and conditions of this

    License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work …
  25. GPL

  26. “A derivative work must incorporate a protected work in some

    concrete or permanent ‘form.’ ” Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., 780 F. Supp. 1283 - Dist. Court, ND California 1991
  27. Zarya of the Dawn “We conclude that Ms. Kashtanova is

    the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements. That authorship is protected by copyright. However, as discussed below, the images in the Work that were generated by the Midjourney technology are not the product of human authorship.” Re: Zarya of the Dawn (Registration # VAu001480196)
  28. The Office concludes that, given current generally available technology, prompts

    alone do not provide sufficient human control to make users of an AI system the authors of the output. Prompts essentially function as instructions that convey unprotectible ideas. While highly detailed prompts could contain the user’s desired expressive elements, at present they do not control how the AI system processes them in generating the output. Copyright and Artificial Intelligence, Part 2: Copyrightability, USCO
  29. AI systems take inputs in the form of text, images,

    audio, video, or a combination of these mediums. Some systems—whether via tools, settings, or prompts—allow inputs to be substantially retained as part of the output. [...], where a human inputs their own copyrightable work and that work is perceptible in the output, they will be the author of at least that portion of the output. Their own creative expression will be protected by copyright, with a scope analogous to that in a derivative work. Copyright and Artificial Intelligence, Part 2: Copyrightability, USCO
  30. Opinions From A Non-Lawyer ‣ AI-generated code is probably not

    copyrightable ‣ Spec documents or tickets written by humans and later used as inputs are copyrightable and may provide protection on the combined work ‣ AI used only to assist probably does not impact copyrightability (e.g. simple autocomplete) ‣ Keep records on where AI is used and how
  31. Safe Harbor “A service provider shall not be liable for

    monetary relief … for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider … does not have actual knowledge that the material or an activity using the material on the system or network is infringing;” 17 USC § 512
  32. DRM “No person shall manufacture, import, offer to the public,

    provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that … is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;” 17 USC § 1201
  33. ‣ Copyrights – Protect creative works ‣ Patents – Protect

    new inventions ‣ Trademarks – Protect brand recognition ‣ Trade Secrets – Protect commercial secrets ‣ Licenses – Give limited use of exclusive rights ‣ Generative AI – New and untested territory
  34. ‣ Cornell Legal Information Institute ‣ Intellectual Property and Open

    Source: A Practical Guide to Protecting Code by Van Lindberg ‣ USPTO.gov ‣ Google Patents