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How to estimate whether IP qualifies for protection or not?
The most valuable part of an organization is its team, and the Intellectual Property developed by the team. The requirement for an IP to qualify for protection is often not best estimated by the IP creators, who tend to focus on technical and other issues. A skilled IP professional places business strategy first and identifies, then obtains a broad and high level of legal protection for often overlooked technologies, thus providing a competitive edge.
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What is the importance of conducting patent searches?
Searching patent and technical databases determine whether the invention is novel and inventive. The searches also reveal information about the state-of-the-art in a particular technology, for example, it helps you to know what your competitors are up to.
Patent searches can also determine infringement, i.e. when an unauthorized person does something that falls within patentee’s monopoly, and it is not at all uncommon for this to trigger legal action.
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What is meant by priority date?
Filing of the first patent application sets a "priority date," the date at which the novelty or inventive/innovative step of the invention is compared with prior public disclosures.
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How do I get a world patent?
There is no such thing; the patent protection must be secured country by country.
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If there is no world patent, how do I protect my invention overseas?
Virtually every country in the world has a patent system, and you can file separate national patent applications in countries of interest. But this can be very complicated if there is a large market for your invention and you need patents protection in lots of countries. Fortunately, international conventions make it easier by providing for the filing of complete applications covering regions, or groups of countries.
- Regional applications
In Europe, you can file a single complete patent application. The European patent office examines your application, and if it is allowed to proceed, you then have to ratify the European patent at the patent office in each European country of interest.
Other groups of countries for which you can file a single patent application include countries in the southern region of Africa, the mid- to northern region of Africa and Central America.
- International application
You can also file a single international patent application designating over 150 countries and regions (including Europe). The international patent application system exists by virtue of the Patent Cooperation Treaty, often referred to as PCT, and only countries/regions that have signed it can be designated in the International application. Most major economic powers can be designated, including Europe, the US, China and Japan.
The international patent application constitutes a single application for up to 30 or 31 months from the priority date; it then branches, however, into separate national or regional applications.
Although the cost of each national patent application varies, an international patent application is usually worth considering if you plan to secure patent protection in more than about four or five countries. A patent professional can help you develop the most cost-efficient strategy, and tell you how much securing patent protection overseas is likely to cost.
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How can I generate revenue from my invention?
While you can sell or license an unpatented idea for an invention, potential buyers or licensees may prove reluctant to invest in your invention because of concerns that others could copy it with impunity. In general, it is easier to sell or license your patent, because it provides a well-defined monopoly and a legal right to pursue infringers.
A patent, like any other piece of property, can be sold, assigned or licensed. As such, it is a valuable commercial asset, just like a piece of plant machinery or a building.
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What is the Difference between a Trademark, Service Mark, Certification Mark and Collective Mark?
A trademark includes any word, name, symbol, logo, design or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A trademark is a brand name.
A service mark is any word, name, symbol, logo, design or device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.
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When Can I Use the Registration Symbol (the letter R enclosed in a circle ®)?
The registration symbol (r in the circle) may be used once the mark is actually registered in the Trademark Office. This symbol cannot be used even during the pendency of an application. The registration symbol can only be used on goods or services that are the subject of the registration.
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When are the symbols "TM" & "SM" used?
TM Symbol can be used by party claiming the right to the trademark even prior to filing a trademark application.
SM Symbol may similarly use either the SM symbol. Registration is not a mandatory condition.
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What are the benefits of Trademark Registration?
Trademark registration will provide the following additional benefits:
- Nationwide Protection
- Company Asset creation
- Licensing
- Prestige – adds prestige to company & products
- Immortality – you can register your mark and further protect it till perpetuity
- International Protection Potential – further protection in other jurisdictions can be envisaged
- Lawsuit Rights – for instituting passing off proceeding the registration is a must
Certificate of Registration – Property obtains a tangible character
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How do I file for an International trademark?
Normally, trademarks are filed and registered on a country-by-country basis. However some common filings, i.e., one filing protects you in multiple countries, are now available. An example of such common filing can be seen as “Community Trademark Filing covering European Union. The Madrid Protocol is the largest worldwide common filing platform, allowing U.S. Registrants to register their trademark in more than 50 different countries throughout the world.
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What are considerations for Trademark Licensing?
Two main considerations regarding trademark licensing are:
- Whether the license be granted without ensuring quality control?
- Whether the trademark license would effectively become a franchise?
Quality Control in Trademark Licensing
Consumers would then lose faith product they purchase since without quality control over the end product, then the licensed product may turn out to be of a very different quality. Such License without any quality supervision is deemed "naked" and such activity constitutes grounds that the trademark has gone abandoned.
Trademark License - a Franchise
The three elements of a franchise according to US Federal Law are: (1) initial fee in excess of $500.00; (2) licensing of a trademark; and (3) providing substantial assistance or control.
Since most of the licenses require a fee more than $500.00, there exists a potential of the license turning into a franchise.
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What is a Copyright?
A Copyright protects original artistic and literary works such as music, books, pictorials and graphics, poetry, stories, etc. Copyright is granted by law to the creators of literary, dramatic, musical or artistic works to control the ways in which their work is used and to earn a fair reward for that use. In the case of authors and publishers it provides a means for them to earn a living by writing and publishing. Copyright law also protects sound recordings and films (CDs, videos and DVDs) as well as computer software and broadcasts. Rights granted by copyright law
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What rights vest with the author of the Copyrighted work?
The law sets out specific economic and moral rights that vest in the author.
Economic rights are:
- right to make a copy
- right to distribute copies (publish)
- right to rent or lend
- right to perform or exhibit to the public
- right to transmit or broadcast
- right to adapt
Moral rights are:
- right of paternity - to be identified as the owner
- right of attribution - to not have the work falsely attributed
- right of integrity - to object to any usage that damages reputation
hese nine rights are known as 'restricted acts'.
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What is Copyright infringement?
Copyright infringement occurs when a restricted act is carried out without the permission of the copyright holder. An example of infringement is making or distributing a copy of a work without the authorized permission.
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How do we define 'Design'?
Design means the outward appearance of a product or part of it, resulting from the lines, contours, colors, shape, texture, materials and/or its ornamentation.
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Why protect the designs?
The design or shape of a product can be synonymous with the branding and image of a company and can become an asset with monetary value. If you do not apply for protection others may benefit from your investments.
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Is it mandatory to make the article by industrial process or means before making an application for registration of design?
No, design means a conception or suggestion or idea of a shape or pattern, which can be applied to an article or intended to be applied by industrial process or means.
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