Posts Tagged ‘Intellectual property’

Functions Of Different IP Types

June 29th, 2010

Apart from material things or properties just like buildings, homes, vehicles and so on that are guarded by the law, there are other numerous kinds of property just like intellectual property (IP).

Listed below are the four primary types of IP:

Copyrights: This kind deals with the original creative works’ protection. They provide legal protection for original works or assets such as songs, films, literary pieces etc. They permit the owners to make use of several forms of their idea in several mediums with exclusive rights of adaptation, replication and so on for a certain timeframe.

Patents: These are lawful rights that allow inventors to stop others from manufacturing their invention. They are usually applicable to inventions in the field of technology, biological discoveries. Just like copyrights, patents can be available to the inventors for only a specific period of time prior to the expiration date. Patents normally last for 20 years after the application filing date.

Trademarks: This IP type includes designs, symbols, logos, words, phrases, or devices that are associated with a specific product for differentiation from other commodities of that industry. Trademarks are used for identification purposes, and once they’ve been registered, they shall be legally safeguarded.

Trade secrets: These are processes, recipes, practices, designs, formulas, or ideas that are used by a company that allows it to obtain leverage in its industry. Trade secrets are usually secured by one’s own ways, as opposed to being safeguarded by means of government policies such as patents and copyrights. Trade secrets lack legal protection therefore, anyone will be free to use them once they are leaked to the public.

The major forms of IP may be distinct from each other in many ways, but they also have some things in common. Except for trade secrets, all three are recognized by law in certain ways which enable the property owners to consider legal courses of action against the violator and get compensation for infringement.

Learn some more about the importance of IP and discover much more about industrial design. Also published at Functions Of Different IP Types.

categories: copyright,IP lawyer,trademarks,patents,ideas protection,business idea protection,protecting business ideas,business value,Intellectual property


Effective Ways Of Finding A Good Patent Lawyer For Your Invention

June 28th, 2010

There are differences in planning to hire a patent lawyer and in hiring a legal representative for cases like divorce, libel, slander, physical injury etc. One difference is that a local lawyer can deal with the mentioned cases well because of specific country laws, while patent law is national. Because of this, you should be careful with your selections and be sure about your personal needs when searching for a patent law firm.

Additionally, unlike any other field of law when a lawyer is needed only when a certain problem takes place, a patent lawyer is needed ahead of any problem occurrence.

A patent lawyer has the following significant responsibilities to his clients: assist his client in acquiring the patent, give him ideas of actions that will guarantee the security of the patent, and embody a case should there be any problem.

Getting The Best Patent Lawyer For Your Invention

The procedure of acquiring a patent is indeed long and tedious. In searching for the best patent lawyer, you must always remember some important points. Some of those pointers are listed below:

Be informed of his performance record: Should you go over some important information about how many patents he has given to customers, then you could have enough basis and knowledge about his performance. By doing this, you will know how suited your target lawyer is for your invention. Furthermore, this may guarantee the successful execution of the filing of your patent. A good patent lawyer is the only person who can properly ensure the exceptionality of your invention in the industry.

Assess his experience: You need to determine if he could possibly understand the product which you are patenting. If he has a different education from your patent’s focus, it is more likely that he will not be able to give you aid in patenting your creative work.

Nowadays, there have been a lot of new lawyers who are working in the field of patents. Because of this, you may easily find the eligible lawyer for your product whose asking fees will also be affordable, for you at least.

Learn some more about the importance of getting an excellent patent lawyer and discover much more about patents. This article, Effective Ways Of Finding A Good Patent Lawyer For Your Invention has free reprint rights.


Getting Acquainted With Copyright Law

June 18th, 2010

While patents are recommended to preserve the unauthorized use of inventions and designs, copyrights are meant to secure words, music, images and other forms of creative content. Under copyright legislation, a creator has the right to control the use, reproduction, distribution and display of their creation.

Copyright law provides these nationwide rights so that a person can feel a sense of ownership regarding their works and creations.

Exactly what does a copyright protect?

Besides words, music and images, copyright rules protects architectural designs, computer software, films and other specified works.

Copyright law does not protect ideas, procedures, discoveries or devices “as distinguished from a description, explanation or illustration.”

To understand whether your creation is suitable for copyright, you should seek the expertise of a nationwide copyright law legal professional. A nationwide copyright legislation lawyer can tell you whether your creation may be protected.

Exactly how do I obtain a copyright?

Technically, a copyright is given automatically from the second something is created. But there are legal benefits to registering a copyright with the United States Copyright Office. This gives you superior protection of your creation, as it retains a nationwide public record of your copyrighted work. Additionally, infringement suits may be filed once a copyright is registered.

In order to apply for a copyright, you can use the online system of the U.S. Copyright Office, or you can apply with the help of a nationwide copyright legislation law firm.

Granting Rights-Or Copyright Licenses-To Your Creation

So as to allow someone the exclusive use of your creation for commercial or other purposes, copyright rules requires that an assignment or license be preserved in writing, and signed by the copyright owner. This document must identify the creation and specify the rights to be given.

How long do copyrights last?

A copyright will carry on throughout the entire lifetime of the creator, and will not expire until 70 years after the creator’s death. If a creation has multiple creators, it will last from the date of its creation until 70 years after the death of the last remaining creator.

Where can I get help copyrighting my creation?

If you need solutions or advice regarding copyright legislation, you can contact a nationwide copyright regulation legal professional. A nationwide copyright law lawyer can assist you anywhere in the United States. A legal professional can help you apply, secure your rights and protect your creation from infringement.

When it comes to the strength of our copyright law practice, you need not take our word for it, as we are a definitive presence in the copyright law legal arena.


Some Information About Trademark Law

June 1st, 2010

What is a trademark? A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller’s products. Trademarks assist the seller in distinguishing their products from the products of another. For example, the trademark “Nike” identifies the shoes made by Nike and distinguishes them from shoes made by other shoe manufacturing companies. When a mark is used to identify services (e.g. “Jiffy Lube”) rather than products, they are called service marks, although they are generally treated just the same as trademarks.

Trademark protection can also go beyond words, symbols, and phrases to incorporate other aspects of a product , for example its color or its packing. For instance, the green colour of the John Deere products or the unique shape of a Coca-Cola bottle might serve as identifying features. Such features fall often under the term “trade dress, ” and might be protected if buyers associate that feature with a specific manufacturer instead of the product generally.

How do you acquire rights in a trademark? Assuming that a trademark qualifies for protection, rights to a trademark can be acquired by (1) being the first to use the mark in commerce; and (2) registering the mark with the U.S. Patent and Trademark Office (“PTO”). The use of a mark generally means the actual promotion or sale of a product or service to the public with the mark attached. So, the first to “use” the mark in commerce is very important.

Why register a trademark? Although registration with the PTO is not required for a trademark to be protected, registration does confer a number of benefits to the registering party. As described above, registration gives a party the right to use the mark nationwide. Registration constitutes nationwide constructive notice to others that the trademark is owned by the party. The consequences of a national registration and constructive notice effectively freezes all non-registered users of the same mark, or confusingly similar mark. Also, registered trademarks can, after five years, become “incontestable,” at which point the exclusive right to use the mark is conclusively established.

A business’ names and slogan are unique promoting tools. When a mark is properly developed and used in collaboration with the service or products advertising, the mark can be obviously protected. To avoid possible infringement issues, a business must employ care when developing its mark. If your company is currently employing a mark, or considering the establishment of a name or slogan, then you should definitely conduct a trademark search. Once your request for a mark with the PTO has been allowed, the practicable advert campaign can be finished and launched with advice by counsel concerning the right use of the mark.

Gary Price is a practicing attorney, specializing in intellectual property matters including patent, trademark and copyright law for over twenty (20 years.

Learn more about Trademark Law. Stop by Gary Price’s site where you can find more about Intellectual Property and Trademark Law today.


Assistance Through The Patent Application Process

May 27th, 2010

The the application process for getting a patent is time-consuming, costly and might be intricate based on the nature of the idea or invention you are seeking to patent. Certainly in the case of a technology patent where considerable documentation and diagrams are needed, you might find it useful to have help. Retaining a Los Angeles patent law firm with practical experience in technology patent acquisition is your best choice for a successful outcome.

» Read more: Assistance Through The Patent Application Process


PROTECTING YOUR BUSINESS’ NAME AND SLOGAN

May 8th, 2010

A business’ name, product name and slogan are crucial business and promoting tools. In light of the time, effort and dollars which go into selling plans and adverts, it is critical that before such money is expended, the business be certain that its names and slogan are protectable and non-infringing. Nonetheless there are both problems and hurdles that should be considered in choosing and shielding your business names and slogan as exclusive selling tools.

A business’ names or slogan may be protected by either a trademark or service mark (sometimes collectively referred to as “marks”). Trademarks and service marks provide the same protection. A trademark applies to a mark which describes goods and a service mark applies to a mark which describes services. Companies often fail to realize the importance of marks. A name may be the most valuable asset a company has. A business owner may think that just because a secretary of state gives it clearance, the name is protected, but that isn’t the case. They need a trademark search.

Trademark or service mark protection may be obtained at the state level or federal level. A state mark is enforceable within the boundaries of that state only. A federal registered mark is considered effective nationwide, even if the owner of the mark is not presently doing business in a particular state. Also, when a mark is protected at the federal level, the entire nation is put on “constructive notice” of such registration. The effect of a nationwide registration plus constructive notice effectively freezes all non-registered users of the same mark, or confusingly similar mark.

A business’ names and slogan are unique promoting tools. When a mark is correctly composed and joined to the goods or service advertising, the mark can be obviously protected. To avoid possible contravention issues, a business must employ care when developing its mark. If your company is at present employing a mark, or considering the inception of a name or slogan, then you must conduct a trademark search. Once your claim for a mark with the PTO has been approved, the practicable press campaign could be finished and launched with advice by trademark counsel regarding the correct utilization of the mark.

Gary Price is a practicing attorney, specializing in intellectual property matters including patent, trademark and copyright law for over twenty (20) years

Want to find out more about Trademark Law, then visit Gary Price’s site for your Intellectual Property needs.


Scope of Industrial Design Legal Protection

April 26th, 2010

Those who have no idea of what industrial designs are and what can be seen as industrial designs should not stop reading. Essentially, it is defined as aesthetic aspects of shape or ornamentation which give a manufactured object a visual appeal and are created with the combination of art, science, and technology. Industrial designs principally include physical and concrete products such as electronics, furniture, appliances, clothing items, fashion accessories or crafts, transportations, home and public facilities among others. Information systems and its user interfaces fall under the non-physical objects.

This means that the laptop or desktop computer you are now using and the system it uses for it to work are embodiments of industrial design as well as that shiny elegant sports car parked in your garage, that lovely bed you love to laze around in and the air-conditioner in your room that keeps you homey especially in the summer heat.

All these are the makes of industrial designers perpetually continues creating and scraping up with the best ways to make it admirable enough to anyone who sees it.

The production and development of industrial designs aim to make an impact economically, socially and culturally to make things better for the community or society as a whole. If you want to be secure that your ideas or designs won’t be stolen, these objects can be protected by copyright and trademark rights. But if you’re talking about a huge number of products, an industrial design registration should be obtained for these with a term of 10 years validity period. In most cases, you can enforce a patent along with the registration of industrial design to protect the practical characteristics of a freshly made product with both functional and aesthetic aspects.

However, the requirements and processes of an industrial design registration are different from every country, which is why it’s suggested to seek a professional advice or get an honest authority with people who can very well handle appraisal and can arrange everything you need as this will for sure save you time and money.

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Building Confidence in Your Company With Implementing Intellectual Property Rights

April 21st, 2010

These days where anything can be stolen from physical possessions, social security numbers to identities; the creations of the mind or also known as intellectual property is not something that is spared. Know your rights and how you can ensure its safety by seeking the assistance of a lawyer who could give you the most qualified and unreserved advices on what you can do.

Intellectual property rights are being enforced to forbid others from making use the creations of the rightful owners of inventions, manuscripts, artworks, figures, movies and photos among several others. So under the law, if anyone wants to use these copyrighted or patented materials, the inventor has the right to be informed and to discuss or negotiate payment in return. Truth be told, there are still numerous countries across the globe that are not strict with enforcing intellectual property rights which means that they are more prone to copyright infringement – most especially people who upload materials on the world wide web.

Corporations bearing their item logos, designs or patents as well as trademarks should be even more concerned than regular individuals about piracy, infringements, and counterfeiting intellectual property as this would tremendously affect them in many ways. By having intellectual property rights enforced, this would surely boost the competitiveness of your business and foster trust among your clients.

Taking recommended steps to key out and ensure the intellectual rights of business owners or companies will create a major impact on their internal and external processes as this will also attract more investors and get involved in valuable business relationships and deals.

However, the duration of the validity of protection is not the same in other countries which is one thing you should also be aware of. Creating ways to treat an intellectual property in a company bears great importance to make sure that they will be shielded and their value in the marketplace will be given recognition.

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What Does a Patent Cover?

April 16th, 2010

Patent topics, conflicts, anti-trust cases of companies with big names have become rampant particularly nowadays as individuals who have their belongings patented can sue unlicensed somebodies making use of their names to pull in money. But do you know that because of the enforcement of intellectual property rights, inventors are encouraged and are now more motivated to keep devising, designing, writing, simply creating something out of their mass of ideas – and they do earn earnings out of it. If you have any idea of the value of these patents and what it would cost the violators would definitely give you a push to patent all your inventions.

Know if your ideas or creations qualify for a patent and if you need a patent, copyright or a trademark. Here are some guidelines:

Patent is a treaty created by the government to protect special sorts of designs or finds and bring the owner exclusive rights to produce, utilise or trade the patented ideas, products. To encourage people to be creative in a lot of ways, the use of patents came to materialize. The three types of that are covered by patents are:

Utility patents – usually a general design, machine, compositions of matter, processes (ex. software) and almost all varieties of man-made products that people can think of and consider getting them patented.

Design patents – constructing or manufacturing special designs and look of the utilitarian product.

Plant patents – certain types of plants

If you have devised or discovered something, the first thing you have to think about is if what you made is really something fresh to everyone and it has a peculiar feature that none of its similar kind has. Take time to do your research before registering your design for a patent. Eventually while performing a search, you will see what makes a patent, trademark and copyright different from each other. Graphic works like photographs, sculptures, drawings, etc are neither inventions nor discoveries which should be under the copyrights category. Mathematical rules are natural forms as well as natural products like herbs for use in medicines cannot be patented.

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Know The Function Of Trademark Registration

March 31st, 2010

To completely understand the significance of the trademark services or why you should apply for trademark registration in Malaysia, you have to first also try and grasp the entire meaning and the reasons for getting a trademark. Very simply put, trademark services include that a trademark is a distinguishing mark between different trades and businesses in order that the traders themselves and the customers as well are able to tell the businesses apart.

A trademark registration in Malaysia can include the official registration made of a single design or a lettering or a phrase or even a image or also, which is most commonly used – a combination of all of these or some of these. When you get a trademark registered in the country you can be sure that your trade has been marked as being distinctive.

Therefore in accordance with the trademark registration Malaysia, goods or a product might be traced back to its original manufacturer and dealer, both for good purposes and for unfortunate purposes. Which means that if there may be any problem with the product that is found, it can be traced back to its merchants and producers because of its trademark providing to which company it belongs. Also, the trademark services come in very useful for good advertising reasons as well.

Clients who like a certain product belonging to a particular company will be able to recognize and buy the product due to the distinguishing trademark that is printed on its packaging. Also, it is known promoting strategy that a particular trademark that is constantly advertised and marketed gets sold more often as the psychology of the client is prone to this kind of assertion. The pictorial illustration of the trade or the enterprise by the trademark therefore helps as lot in this purpose.

The rights that the owner of a specific trademark registration in Malaysia are also very strong. They’ve the ownership rights to the trademark as a logo and may use it for all their own trades and business concerns. Additionally, they’ve the right to take legal action against any other enterprise or commerce that uses their trademark and may charge them with a crime.

Nonetheless the only problem is that if your commerce has been marked with a trademark registration in Malaysia then it isn’t going to be valid in all other countries of the world as well. For this to be valid you’ll have to apply for trademark services in all the other countries on a separate level. Nevertheless, all these countries however who are part of the World Trade organization and even the Paris Convention fall into the category as countries where a trademark registration in Malaysia can be valid.

Any of such trademark services is legal and valid for a time period of ten years after which you’ll have to apply for a renewal of the trademark registration in Malaysia should you still wish to retain the trademark for your company or business.