Intellectual Property Law information

An Overview of Intellectual Property

Certain rights legal system and protection for property owners provide. This type is called a property that produces the fruits of labor of mental intellectual property. Based on the rights and protection for owners of intellectual property patents and trademark laws and copyright and publishing Federal and state laws trade secrets. In general, patents protect inventions of material things. Copyrights protect the rights of the various forms of the written and artistic expression. And trademarks protect the name or code identifying the source of goods or services.

Overview does not explain the trade secrets law. Details of this law, and provided protection, liability for unauthorized use or disclosure depends on the state in which it resides reader. The law varies from state to state. However, the reader should know that the trade secret may consist of any formula, pattern, device or compilation of information which is used in one business, and that gives him a chance to get an advantage over competitors who do not know or use it. (Restatement of damage 757).

What Is A Patent?

The patent is a document issued by the Federal Government, to grant a legally enforceable right to its owner to prevent others from practicing the invention described and claimed in the document. Congress allowed this right, for a term ending twenty years of applying for a patent date, to encourage public disclosure of technical progress and as an incentive to invest in marketing. Thus, preferably the overall progress in technical innovation, while at the same time and reward inventors for their specific contributions. Like other forms of property, and the rights symbolized by a patent can be inherited, sold, rented, mortgaged and even taxed. When the patent expires, or held invalid, the right to exclude others stop. The public is the ultimate beneficiary of technical progress.

Under What Conditions Is A Patent Granted?

Congress identified on patents will be granted if the inventor's application files in a timely manner, which describes sufficiently new and useful and nonobvious invention appropriate to the subject. To be at the right time, you must apply within one year of certain acts (by the inventor or other) that put the invention into the hands of any year, patented or published anywhere in the world, for sale or public use in this country. This grace period of one year, however, is not available in most foreign countries. The inventor of the United States who wants to get on the other hand, foreign patents must first apply the invention in the United States before any undetected, either in written form or orally, from the invention to the public. It must be a description of the invention in the full application enough to enable others to practice the invention. Moreover, the application must describe the best way ( "the best way") known as the inventor of carrying out the invention. It must be a new invention described No first or last similar invented known or used by others in this country, or patented or published anywhere in the world before the actual date of the invention (not the date of application). The invention should also be useful which serves some purpose or disclosed generally known.

unobviousness condition means that the differences between the invention and the previous general knowledge in its technical field must be of the kind that a person having ordinary skill in this field will not be found to clear the invention at the time it was released. The subject of appropriate innocence of any product, process or equipment, or composition, including living material such as bacteria or plants genetically engineered. Special provisions also allow patents directed to some distinct and new varieties of plants (plant patent) original and ornamental designs and new materials made (design patents). Purely mental processes and the newly discovered laws of nature and methods of doing business are not subject to the right to obtain a patent.

Why Obtain A Patent?

Most inventors seeking a patent for the actual or potential commercial advantages that go along with the right to exclude others. Due to the high costs of research and development, and an opportunity to recover these costs through the commercial exploitation of the invention may be the primary justification for conducting research in the first place.

Patent rights can be exploited commercially in two basic ways: (1) directly, through the practice of the inventor of the invention to obtain exclusive market advantage (as in terms of results on the patented technology in the best product or produce the old product at a lower cost) and / or (2) are indirectly, through the receipt of income from the sale or licensing of patents.

It is important to note that the patent (ie the right to exclude others) does not give the inventor the right to practice the invention. The inventor of the invention can be exercised only if prior to that he did not also practice the invention patent expired earlier. While one patent can only be granted on a particular invention, it is easy to see how it could violate patents by making more than one product. For example, we see that there has patented a new type of door and B invents an improved door of this kind with a special lock. (B) can not sell better lock the door since the patents covers a wide range of all the doors of this kind. On the other hand, it can improve to not include in the basic lock on his door since patents B covers the mix. In these circumstances, both A and B can be free to exercise (door lock) only the best technology if each grant a patent license to another.

Exploiting indirect patent may be exclusive, for example, by selling all rights to the patent or the granting of an exclusive license. Licenses can also be a non-exclusive, allowing many parties, including the inventor, to practice the invention at one time. A patent also may provide commercial advantages in addition to the possibility of exclusive market situation or licensing income. Innocence often lends credence to start business projects and can open doors on both technical assistance and funding required to bring a new product to the market. Has patented also improve the provision of the necessary trade-off for a license for any essential patents held by others, which cut the road to the market.

How to Obtain A Patent

It is obtained patents through complex administrative procedures in the Patent and Trademark Office in the United States. Since the legal rules that govern these actions is very wide, and often complex, it is recommended that the inventor seek help from the patent attorney with experience before starting this process.

Before actually apply to the Patent and Trademark Office, there are many important initial steps that must be followed to prevent the possibility of loss or damage patent rights in the future. One of the most important of these initial steps improper record keeping. Since the United States Patents granted to the first inventor, it may become necessary to prove when it was invented. This is best accomplished by making a complete record of the invention of the first idea all the way through the development of commercial products. Record invention should be clearly describes the invention with the words and images (photos, drawings, graphics, etc.), and should fully explain how it works or uses. Each page of the invention of the record should be signed and dated in ink by the inventor. It should also reconsider the record as it is made by at least one other person trustworthy and capable of understanding the invention, which must be signed and the history books under the notation read and understood before. . . .

An important initial step again is to determine whether the invention is likely to be seen patented Patent and Trademark Office, and if so, whether the patents that may be granted will be wide enough in its coverage to be worthwhile in commercial terms. It should be done on a preliminary assessment of the patents by the patent attorney, based in part on previous patents for invention and other substances found in the relevant inspection records of the Patent and Trademark Office. While the opinion of counsel that the invention must be patent does not guarantee that a patent will be granted, if it finds that the invention may not patent or economically feasible, cost and effort to move forward in a major operation can be avoided.

The next step in the process of obtaining a patent preparing a patent application. Patent application is a legal document, which must fully describe the invention with words and, where appropriate, and graphics, which include claims that define the legal boundaries of the invention. It is essential for the health of innocence, and its ability to adequately protect the invention, which he described invention claimed completely and accurately. Consequently, should the inventor that everything patent lawyer says about the invention of the invention, including what problems you solve and what are the difficulties that were overcome to make it work. Special importance of the duty to tell the lawyer about the previous patents or other previous inventions which the inventor is aware, so that the disclosure of such information to the Patent and Trademark Office. Patent application will also contain a declaration and power of attorney form, which the inventor must be pointed out that he had read and understood the application and confirms that it is the inventor of the first to sign. Then submit the application and registration fees for patents and trademarks to make a deposit.

Congress has recently allowed a new form of the first patent application known as the interim application, which can be filed at a lower cost and without claims and certain other formalities. It is not temporary examine this application, but must be replaced by the traditional application within a year. Take advantage of this new form of application is that it does not count in determining the end of the patent expiration date, which is measured from the date of deposit of the traditional demand.

To apply for a patent does not create any rights enforceable since the courts unless the infringer will not stop after the grant of the patent. However, on the occasion of the patented device under patent or invention applied to have the potential discourage trespassers because it puts them on notice that they might have to stop production once the patent is granted. You may not use such notice unless an application for a patent is actually hanging in the Patent and Trademark Office in the United States. Having been issued a patent, it is also a good practice to mark the products that are sold under a patent with the number of patents because it gives the inventor some additional legal rights.

Patent and trademark is subject to the application of a process called screening. After the initial treatment phase (which may take 6-9 months or more), the patent examiner review the request and write a letter (called the work of the office) to comment. First Labour Office often is the refusal to grant a patent, the applicant then has the opportunity to amend the application to overcome the objections of the examiner. With the help of the inventor, the patent in writing to respond to the work of the office's lawyer, usually to make some changes and arguing that others are not necessary. Usually, at least two of these exchanges between the patent examiner and the attorney are necessary to resolve all the legal and technical issues. In general, it now takes an average of about 18-22 months to provide for the completion of the screening process. During this period it is kept secret application, which only allows the government members of the licensees of the inventor to study the file and people.

When the examiner is satisfied that the application is in the form of an appropriate and its claims are allowed, and notify the applicant that the patent granted after the final payment of government fees. In order to keep the patent in force until it expires also must pay maintenance fees in gradually higher 31/2, 71/2, and after 11 1/2 years of the original grant.

While granting a patent makes the information in the application is available to the public, the inventor the right to prevent others from making, using or selling what he claimed for as long as the patent in force.