Intellectual property rights and patents [Solved]

Last updated : Sept 29, 2022

What is the difference between intellectual property right and patent?

IPRs are widely applied to all kinds of innovations and inventions, which include Trademarks, Copyrights, Trade Secrets and also Patents. What is a patent? A patent is essentially an Intellectual property right which protects new inventions and non-obvious discoveries.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What are the 7 types of intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What is meant by intellectual property rights?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

What is an example of a patent?

Examples of inventions protected by utility patents are a microwave oven, genetically engineered bacteria for cleaning up oil spills, a computerized method of running cash management accounts, and a method for curing rubber.

What are the 5 types of intellectual property?

In this post, we will explain the basics of the most common types of intellectual property — copyrights, moral rights, trademarks, patents, and trade secrets.

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

What are the types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What are examples of intellectual property?

• Patents.
• Domain names.
• Industrial design.
• Confidential information.
• Inventions.
• Moral rights.
• Database rights.
• Works of authorship.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

What is the importance of intellectual property?

Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development.

What is the difference between a copyright and a patent?

While a patent, with the exclusion of a design patent, protects inventions of new processes, copyright protects published and unpublished original works, including works in literature, music, art, architecture, software, and choreography.

Who protects intellectual property?

The U.S. Patent and Trademark Office (PTO) is responsible for issuing and monitoring federally registered patents and trademarks. Although patents are exclusively governed by federal law, trademarks may also be regulated by State law.

What rights do patents have?

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.

What is the life of patent?

As per the Indian Patents Act, 1970 a patent is granted on a product, a process, or an invention for a limited period of 20 years. Hence, the life span for a patent in India is 20 years from the date of filing the patent application. You simply cannot extend the life of the patent.

Why is it called a patent?

The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection).

What is the purpose of patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

What is the importance of patent?

A patent is important because it can help safeguard your invention. It can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility. In most cases, a patent can protect an invention for up to 20 years.

What are the 3 main types of intellectual property?

• Patents. If you have come up with a new invention, you may want to consider protecting it with a patent.
• Trademarks. Let's say that you have come up with a great new name for your brand, company or product.
• Copyrights.

What is the most important type of intellectual property?

Patent. A patent is used to prevent an invention from being created, sold, or used by another party without permission. Patents are the most common type of intellectual property rights that come to people's minds when they think of intellectual property rights protection.

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okay thank you very much I'm I'm delighted to see see a nice crowd here tonight I'm always happy to see that first of all thanks to all of you for taking the time on a very busy day to come out to a hotel room to listen to a lawyer babble on about stuff that he knows about I am always amazed when people actually do this to be honest with you you know because you know let's face it I mean lawyers do have a little bit of a reputation for being somewhat stodgy and all the stuff I try to break the mold but you decide if I do or not but but I really do appreciate the fact that you take the time you are my heroes you are the Imperial Stormtroopers of the small business community so I really do appreciate the fact that that you're doing all this either that or the food here is really terrific and that's if that's the case well then that's that's that's another thing okay so tonight's topic is intellectual property basically what is it why is it important and most importantly how do you protect it if you ever doubt it that I'm a lawyer there's my there's my proof we always tell you what we're not going to do and then we tell you what we're going to do two things here you have to know about that well I do a lot of programs for score here in the state of Connecticut I am NOT an employee or in any official way connected with score so I speak for myself I do not speak for score or anyone else anything you hear in this program is entirely mine the second one is the more important though there is a very big difference between giving legal information and giving legal advice there's a very big difference between saying here's what the law says and here's what you should do I don't know any of you guys well enough to know exactly you know how you should any of you should do in your own lives for that I would have to know you a bit better quite frankly you know I'd have to charge a little bit for that so anything you so if you hear something that I say tonight and it sounds good and you do it and it doesn't work and you end up going bankrupt you lose your business your spouse divorces you your kids don't want to talk to you your dog pees on your leg you end up living in a diaper box under the Brooklyn Bridge you can't really sue anybody for that okay this is not legal advice this is no substitute for what a lawyer or accountant would do in a one-on-one meeting with you I'll tribe don't get me wrong I'll try to answer your questions as best I can but there's just a very big difference between those two things so what is intellectual property well the best way that I can describe it is the stuff that's inside your head okay basically it's intangible you cannot use your five senses to touch it you can't see it you can't smell it taste it you know hear it or anything like that oftentimes the stuff never leaves your head it never exists in any sort of tangible physical form but it's very important and it's very real especially in today's economy intellectual property may be the most valuable asset that your business has when I was a boy growing up in the 1950s companies were mostly manufacturing companies and they had real assets they had plant they had equipment they had trucks they had real estate they had all this wonderful stuff being a banker was great back then because it was so easy to put values on those things and figure out how much you could lend against that you know I mean I was taught you know my dad was a banker that the loan-to-value ratio was the most important thing you know with a bank loan now today all the most important assets of your company we don't we no longer live in a manufacturing world at all we live in a world of technology and and and the world is getting increasingly more digital digital and more intangible the most important assets the most valuable assets that your company has go home every night is what they do and the stuff that lives in their heads and in your heads is the most important asset and it's very hard to value that I I don't envy my banker friends these days it's very hard to lend to a start-up technology company that has an idea and maybe it's been patented but there's no markers no market is yet there's no revenue we have no idea figuring out what this thing is worth you know what was the value of Facebook in 2000 before they started the company answer you can't put a value of it after now today you can't but back then you absolutely couldn't what's important about intellectual property is this is important stuff you must keep it confidential you must keep it proprietary this is the stuff that drives your business and determines whether your says you're successful or not and to the extent you can you want to try to get it protected by a governor agency in some way mess we're going to be talking about tonight okay there are four basic types of intellectual property there are patents which are basically inventions these are things you create that you sell to make money and you and you own all the rights to them there are trademarks and these are not there's a lot of misinformation about trademarks people think you trademark a name you like your company name or something like that and that's not the case you don't trademark names you trademark marks and marks are very different than names they can be a name they can be words but they have to be at be what's called a mark a mark is something that you put on your products and services to identify them in the stream of Commerce so the golden arches for McDonald's the Pillsbury Doughboy these are all examples of registered trademarks copyright deals with works of authorship books literary works art designs music compositions anything that is an original work of authorship is protected by copyright and then trade secrets this is a very technical definition of trade secrets which I'll get into a little bit later but for purposes of now just think of it as any other intellectual property that doesn't that is not a patent trademark or copyright that's the best way to do it if a piece of information is valuable proprietary you make money off it and you don't want the world to know about it and it's not a patent or trademark or copyright it's a trade secret that's just a lump category that we use to lump everything else together that doesn't fit in the first three the first three types patent trademarks and trademarks and copyrights are what we call legal monopolies is what they are they do not give you ownership of anything a lot of people get confused by this they think oh if I have a patent on the invention I own it that is really not true you don't a patent a trademark a copyright is what we call a legal monopoly now we live in a capitalist economy in a capitalist economy you do not like monopolies monopolies are bad things if a company has monopoly power over something they have the right to set whatever prices they want and you must pay them because you have no other choice we don't like monopolies those are bad things but here are three monopolies that the government you they based the government basically says that for a period of years okay subject to certai

Thanks for your comment Jacquetta Ciersezwski, have a nice day.
- Oneida Lynam, Staff Member

registered patent attorneys received many questions throughout the course of a day one of the most common questions is is my invention patentable we will look at the various issues that go into answering this question including what is a patent what is patentable and what rights does a patent confer additionally we will look at three types of patents and what each is used for there are three types of patents these three are utility design and plant utility patents are what people think of when they think patents utility patents are patents on useful items these are the patents one would get on an invention such a patent covers the usefulness of a product meaning that a utility patent will protect the useful or functional aspects of an invention design patents are to the ornamental design of an object a simple way to approach design patents is to consider the fins on the car if you remember old 1950s era cars many of them had big fins on them they served no purpose other than to look cool the fins did not make the cars faster improve aerodynamics and did not serve any function they were pure design design patents are to protect these design elements functional parts of the car eg the engine transmission breaks etc would be covered by utility patents instead finally we have plant patents plant patents are to cover new types of flowering plants that can be reproduced asexually flowers are plant sex organs and contain both the male and female parts pollen is basically plant sperm something to keep in mind during allergy season plant patents thus apply to plants that are engineered to reproduce without the use of pollen when a product or process is new and useful it is very likely that it is patentable to be patentable an invention must satisfy three basic elements the invention must be new useful and not obvious the requirement of being new also called the novelty requirement is the easiest for non practitioners to understand but is often the hardest part of the patent prosecution process to get a patent on an invention the invention must be new in practicing patent law much of the process focuses on explaining how and why the invention is different from what came before everything that came before is referred to as the prior art the invention cannot be expressly or implicitly disclosed in any prior art references if there is already a patent for the invention a patent application for the invention a description of the invention in a printed publication or a product and use that already uses the process used by the invention the invention does not meet the novelty requirement usefulness also referred to as the utility requirement is in practice one of the easier parts of the process after all as the saying goes necessity is the mother of invention inventions are almost always solutions to problems the mere fact that it's a solution to an existing problem makes it useful the utility requirement requires us to answer the questions does the invention do anything and does the invention work with yeses non-obviousness is a different problem from novelty to some extent all inventions are combinations of older inventions this is the idea that as Isaac Newton said if I have seen further it is by standing on the shoulders of giants the non-obviousness test is asking is the combination that comprises the invention in question obvious an obvious Nissen query asks whether combining two older inventions would be obvious to one skilled in the art one skilled in the art is like the reasonable person who appears frequently in other areas of law but in this case the reasonable person is one who works in or is skilled in the field of the invention an interesting method to describing non-obvious nests as the rhesus problem after Reese's Pieces by this we mean would it have been obvious to combine chocolate in peanut butter many enjoy this combination of flavors but would it have been obvious to combine them in hindsight it is hard to imagine our lives without many of the inventions take for granted but someone had to think of each of them first to get a patent the invention must be a non-obvious combination peanut butter and chocolate are a delicious but not an obvious combination of flavors in Graham versus John Deere company a 1966 United States Supreme Court case the court approached non-obviousness the court employed a three-part factual analysis for determining non-obvious nests the first inquiry is to determine the scope and content of the prior art second the court must examine the differences between the prior art and the claims at issue the third step is to analyze the level of ordinary skill in the pertinent art once these factors are analyzed a court will determine whether an invention is non-obvious a patent is not the right to make and use your invention it is the inverse it is the right to prevent others from making using or importing the invention claimed in the patent if a process is covered by a patent then any product that uses that patented process is infringing on that patent the allegedly infringing product is compared with the claims in the original patent to see if the product used the patented process thus infringing on the patent as a corollary to this a patent cannot allow the use of a process that was previously patented by someone else however an improvement on an existing product can be patented while the patent on the original product stays with the original patent holder the new patent can cover the improvement while the party who patents the improvement does not get rights to the original patent the holder of the original patent likewise has no rights to the patented improvement a common example that is applicable to teachers and students is of the dry erase marker and its evolution the marker exists and someone holds a patent on it then someone invented the stackable cap which is the cap on the dry erase marker that allows the markers to connect to one another that cap was an invention and could itself have been patented however holding the patent on the cap does not allow one to build the new dry erase markers someone else holds that patent the patent on the cap hold prevents the original dry erase marker manufacturer from adding the improved cap to the marker so is an invention patentable if it is new useful and not obvious then the answer is yes a patent application may then be drafted and filed with the USPTO a process that is covered in other presentations if one is granted a patent one then has the right to keep others from making using or importing one's invention without one's permission

Thanks Nelly your participation is very much appreciated
- Oneida Lynam

About the author

Oneida Lynam

I've studied outdoor activity at University of Delaware in Newark and I am an expert in literary criticism. I usually feel guilty. My previous job was motor vehicle inspector I held this position for 19 years, I love talking about writing and papermaking. Huge fan of Melanie Iglesias I practice surfing and collect vintage cars.