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Intellectual Property [IP] 101 from
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Intellectual property includes patents, trademarks and copyrights. Patents provide exclusive rights to inventions. Trademarks provide exclusive rights to indicate the source of the product. Copyright provides exclusive rights to original works. Service tokens provide exclusive rights to the service or source of the service.
U.S. copyright is automatically generated, but must be registered with the U.S. Copyright Office to complete federal copyright. Trademark rights can also be accumulated without federal registration, but these rights are weak and priority is given to federal registration in almost all cases.
U.S. patents and trademarks are obtained by filing an application with the United States Patent and Trademark Office [USPTO]. The US Patent and Trademark Office examiner reviews whether the application meets all statutory requirements. The USPTO publishes applications that meet the requirements and rejects applications that do not meet the requirements. Often, you can tweak a non-compliant application to put it under the allowed conditions. It is helpful to discuss possible changes with the examiner in charge of the application before submitting the amendment. Discussing with the examiner how best to modify the application will increase the chances of adjusting the allowance.
Trademarks and service marks can indicate your business to the purchaser of your product or service. If you or she likes the products you offer, your trademark allows consumers to respond to you. If you own a trademark, using your trademark expects others to use a similar trademark that may confuse the public rather than the goods you purchase.
Patents provide a limited monopoly on your company's products or processes. Monopoly is converted to high profit margins due to the exclusion of competition. Patents may be obtained in any invention that meets statutory requirements, which are useful, novel and non-obvious. The ruling case law allows for almost any patent, for example, it allows a computer to implement a patent for a method of calculating useful results, and a computer-implemented business method.
Obtaining US patents and trademarks is expensive, primarily due to the high hourly rate of lawyers required to prepare for and guide it through the USPTO. For patents, some of the costs can be postponed by initially submitting a relatively simple provisional patent application. The filing date of the provisional application is prima facie evidence [the evidence is legally sufficient to determine the fact and not otherwise disclosed by other evidence] to prove the date of the invention. The provisional patent application protects the right to patent protection of novel aspects of a product or process at a very low cost for one year. However, the provisional application does not involve patents. They only keep the date of application for an invention for up to one year. Within one year from the date of submission of the provisional application, a more formal US application and a foreign application for protection abroad must be submitted. If a formal application is not submitted, the benefits of the early application date of the provisional application will be lost.
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Jump on your intellectual property from
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If you are a start-up seeking financing, you should have [1] acquired your intellectual property [patents, trademarks and copyrights] and [2] removed any of your intellectual property infringements. Investors and competitors respect the value of patents, trademarks and applications. Investors should not invest in startups unless they are convinced that their products or services do not infringe on the intellectual property rights of others.
There is a saying in the law, "Don't forget your rights." If you do not have a positive access to content that may give you patents and trademarks, you will lose the opportunity to do so. Today, startups are shut down because they infringe on the patents or trademarks of others. Closing can be avoided with proper foresight. A patent or trademark that is infringed is a patent or trademark that a startup can obtain by applying for such intellectual property if it has taken early action. Alternatively, early due diligence may have identified another intellectual property covering the proposed product or service, providing time for negotiations on design and licensing of intellectual property.
Patents provide a limited monopoly on your company's new products or processes. Due to lack of competition, monopoly has turned into high profit margins. Almost any useful, novel and non-obvious product or process can be patented. According to the continuing case law, usefulness extends to any method of calculating numbers with practical utility, including commercial methods, while the novelty and non-obviousness requirements are not as high as many believe.
Trademarks [and service marks] indicate the source or source of a product or service. Source or source means that consumers can identify your product or service in the market and then avoid using other similar products or services.
U.S. patents and trademarks are obtained by filing an application with the United States Patent and Trademark Office [USPTO]. The USPTO then checks to see if the application meets all statistical requirements and often publishes the application that meets the requirements and rejects the non-compliant application. The cost of obtaining these intellectual property rights is high, mainly due to the high hourly rates required to prepare for the application and to guide the application through the USPTO. For patents, part of the cost can be postponed by initially submitting a relatively simple provisional patent application whose filing date is a preliminary proof of the date of the invention. The provisional patent application protects the right to patent protection of novel aspects of a product or process at a very low cost for one year, and the inventors and competitors respect it. However, to obtain a patent, you must obtain a provisional application by submitting a more formal US application and any foreign application within one year of submitting the application to obtain the benefit of the application date of the provisional application.
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Who owns your invention? from
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Who owns your invention? Who owns the invention of your employee? Invention ownership disputes often occur. However, through proper vision and knowledge, it is easy to avoid ownership disputes.
Our legal system assumes that the inventor is the owner of the exclusive rights to the invention. Then, has anyone other than the inventor obtained the rights of the inventor to invent? The answer to this question is homework. The transfer may be an expression transfer, which is usually a written document proving the contract between the inventor and the assignee, wherein the inventor sells the rights of the invention to the assignee. However, this type of transfer is not the cause of ownership disputes. A dispute of ownership occurs when there is no clear assignment and the inventor and his or her employer believe that they have an invention. This is because even if there is no expression distribution, the assumption that the inventor possesses the invention in some cases is not correct.
An employer who "employs an invention" has the right to invent the inventor. The Supreme Court reached this conclusion in 1924 in the case of Standards Company v. Peck. However, this is an extreme situation because most employees are not employed. What are the employees hired to design or build, such as engineers? Employees employed in design or construction are not equivalent to employees employed for the purpose of the invention. This is the conclusion of the US Supreme Court in 1933 in the United States v. Dibilire Condenser Company case. However, this conclusion leaves the problem of the person invented by the engineer. The outcome of each ownership case depends on the relationship between the employee, the employer and the invention.
Even if it turns out that the employee owns his or her invention, if the employee employs the employer's materials or equipment to make the invention during working hours, the law grants the employer a non-exclusive license to the invention. This has been the law since the 1893 Supreme Court of Lane & Bodley Co. v. Locke.
The best way to avoid a dispute of ownership is to reduce the written contract between the employee and the employer who owns any rights issued by the employee, and the agreement should be defined as early as possible in the employee, which should be appropriate. Employer relationship.
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Does your company have the required patent license? from
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Crucially, one thing every company needs is the right to use the property it owns and the products and services it produces and sells. In fact, every product is protected by a patent, which raises a basic question: Does your company have the required patent license? This article provides a "short-term course" to help you solve this complex problem!
First, each country has its own patent system. Therefore, a license to manufacture and use equipment in one country does not necessarily provide the same license in another country [this issue will be covered in more detail later].
The exclusive right of the patentee under his US patent is exhausted by the basic patent law for the first sale of the product covered by his patent. This is what the US Supreme Court holds. Adams v. Burke, 17 Wall 453 [1883]. however from
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