Protecting intellectual property rights patent [Beginner's Guide]



Last updated : Sept 22, 2022
Written by : Ronnie Vanamburg
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Protecting intellectual property rights patent

How does a patent protect intellectual property?

Patent. Patent protection gives businesses the right to prevent others from making, selling or using their IP. Patent law can protect new processes or algorithms, inventions, materials or any combinations thereof.

What can you protect with a patent?

Utility patents protect any new and useful process, machine, manufacture, composition of matter, article, or any new or useful improvement thereof. They are the most common form of patent protection.

What are 4 types of intellectual property protection?

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 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 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 patent process?

The patent process for obtaining a patent protection involves 1) a patentability opinion, 2) preparation and filing of the patent application, 3) prosecution of the patent application, 4) issuance, abandonment or appeal of the patent application and 5) maintenance fees.

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.

Can you patent intellectual property?

Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.

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 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 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.

What are the 7 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.

Who needs a patent?

Patents are not legally required before you sell your product or profit from your idea. There are many products and services sold in the United States that are not patent-protected. However, a patent is necessary if you want to prevent others from making marketing, selling, or importing your invention.

What are the 5 requirements of a patent?

  • The innovation is patentable subject matter. Patentable.
  • The innovation is new (called 'novelty')
  • The innovation is inventive.
  • The innovation is useful (called 'utility')
  • The innovation must not have prior use.

How do you create a patent?

  1. Keep a Written Record of Your Invention. Record every step of the invention process in a notebook.
  2. Make Sure Your Invention Qualifies for Patent Protection.
  3. Assess the Commercial Potential of Your Invention.
  4. Conduct a Thorough Patent Search.
  5. Prepare and File an Application With the USPTO.

What is a patent give 3 examples?

The three types of patents are utility patents, design patents, and plant patents. Utility patents are issued for inventions that are novel and useful. Design patents protect the design or image of a product. Plant patents are issued to applicants for plants that can reproduce.

What are the 3 primary types of patents?

There are three types of patents: utility patents, design patents, and plant patents. Have you created a new invention? You may be able to protect your rights over that invention with a patent. Patents give inventors the exclusive right to create or use their creation for a certain period of time.

What is the most common type of patent?

A utility patent is the most common type of patent that people seek. This type of patent covers processes, compositions of matter, machines, and manufactures that are new and useful.

How can you protect your intellectual property without a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

Which is better trademark or patent?

What's the Difference Between Patents and Trademarks? A patent allows the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator's permission. Trademarks, on the other hand, are not concerned with how a new technology is used.


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Protecting intellectual property rights patent


Comment by Shira Mainolfi

how to protect innovation and intellectual property in five different ways what is intellectual property intellectual property covers any original ideas designs discoveries inventions and creative work produced by an individual or group it was not a big deal to protect ip in the past however with information more accessible and easier to distribute today due to technology safeguarding your creations and works from infringers copycats and thieves has become vital to any business intellectual property protection is not just necessary to ensure that your innovations will not be copied or stolen it establishes an incentive so whatever you create can proliferate and benefit more people without violating your rights here are five different ways to protect your intellectual property the first way you can protect your intellectual property is to register copyrights trademarks and patents copyright trademark and patent are three of the most common types of intellectual property protection these grant you the exclusive rights to your creations especially when it comes to the commercial gains of its use copyright copyright applies to the protection of tangible and intangible creative works you own the copyright the moment you create something even if you did not register it however it will be easy to validate your ownership especially in a legal dispute if you take your time to register your work copyrights expire 70 years after the death of the creator but can be longer depending on the nature of the intellectual property trademark businesses use symbols designs logos and catchphrases as part of their marketing strategy and identity it is these images and words that help a company connect to its customers thus these need to be protected from possible commercial saboteurs who might use or copy the designs for their own economic gain you may register your trademark online within your country or region however the agency advice is hiring a trademark lawyer to ensure that you won't miss out any steps or paperwork to this extensive process trademarks do not carry an expiration date since you own the rights to your logos symbols and other branding identities in perpetuity however as an added protection trademark owners are encouraged by law to file for a declaration to confirm that the intellectual property is still actively used patent if you have invented a unique product machine or equipment or chemical composition you can also protect this intellectual property by filing for a patent patents carry legal protection that excludes others from making and distributing your invention unless you have given them the license there are different types of the patent process and the conditions or requirements depend on the product or invention thus you will need to carefully identify which category the intellectual property fits best most intellectual property patents are valid from 15 to 20 years after the filing date after this has lapsed your product will have a patent pending status unless you renew it with the agency in charge take your time to clearly understand the differences between copyrights trademarks and patents so you could make the right choice the second way you can protect your intellectual property is to your business product or domain names if you are planning to start a business with your intellectual property you can further protect your interest and identity by registering the business product or domain name associated with it it will also help to secure these names even if you are just in the planning stages of forming your business before others come up with a similar idea and cause some confusion for instance tech giant apple did not own the domain name apple.co.uk until 2012 since it belonged to an illustration company it was alleged that apple paid a substantial amount to the former owners to acquire the domain name your business product and domain names are part of your brand even in cases of a sole proprietorship where you conduct your business under your own name for example john doe photography service it will still help to secure registration you also gain legal protection that makes your business and intellectual property a separate entity from your own person this will prove valuable should you run into legal hitches in court business and product names are usually registered in the country where you operate and the requirements and paperwork may vary domain name registration on the other hand may be quickly done online through your preferred provider the third way you can protect your intellectual property is to create confidentiality non-disclosure or licensing contracts for employees and partners sometimes there is crucial information about your business that you should protect from leaking in public for instance you are developing a video game but you do not want the details to come out before it is ready to launch thus it will be prudent to ask the game developers and other people working for you who have knowledge or access to information or trade secrets to sign a confidentiality agreements with involved parties to ensure the intellectual property is protected confidentiality bound employees and workers to comply with your demands to keep what they know private otherwise they will be legally liable for any leaks confidentiality agreements are also known by other names including a non-disclosure agreement or nda confidential disclosure agreement or cda proprietary information agreement or pia secrecy agreement or sa licensing on the other hand grants a third-party partner with access to your products for their use branding and distribution disney for instance gives licenses to toy makers and distributors for its popular merchandise however the licensor disney in this case defines the parameters of the use of its ip which may include the quality of the products or toys as well as the distribution process since there are plenty of grounds to cover with licensing it's important to consult with lawyers to ensure that all aspects of protecting the ip are established in the licensing agreement the fourth way you can protect your intellectual property is to implement security measures nearly all businesses are conducted today using technology or the internet there is an upside to this because technology may fuel the growth dynamics and success of an operation however there are also downsides to using technology to conduct the business especially when your company's intellectual property is integrally connected online or stored in a system that may be vulnerable to hacking or file corruption thus there is a need to implement robust security measures within the information technology framework of your company these may include setting up password protection for all computer networks encrypting data especially since files are shared within the company's information technology system using virtual private network access also known as vpn establishing wi-fi protected access to invest in reliable software tools to use for storing and distributing files regardless of the size of your business for larger companies however hiring a


Thanks for your comment Shira Mainolfi, have a nice day.
- Ronnie Vanamburg, Staff Member


Comment by Geraldo

hi there let's spend a couple of minutes looking at two ways in which a business can protect its intellectual property we'll take a look at patents and copyright don't forget intellectual property whilst it's an intangible asset of a business for many businesses it's it's crucial having an advantage in how they do things or in their content or their brand is all part of creating value adding value and ultimately profits so it's important they protect if they can their intellectual property perhaps to maintain a unique selling point certainly to make sure that they maximize the returns on investment in that intellectual property and potentially also to reduce the threat of competition so two key ways in which this can be done one is patents now patents are actually quite difficult to get hold of to be protected by a patent your invention a business's invention has to be new it has to be genuinely innovative so not so obvious that other people with the knowledge of the subject could come up with it it needs to be capable of application and there was made and be able capable of being used and also there are certain exclusions that can't be protected by patents however whilst the patent process the application process is painstaking and fairly costly it's worth it if you can get that protection second area copyright and actually this is much more frequent more common particularly amongst businesses that involved that are involved in the creative process so media businesses publishing businesses design businesses and rather than with uh patents where you have to apply for them with copyright the protection is automatic and it lasts for 70 years after 70 years after the work has been created um widely used a widely used uh protection of content and original work and fairly easy uh to uh to seek legal redress if you find that somebody has breached copyright i mentioned just one more not not on the aqa specification but it's also worth just knowing about trademarks are another way of protecting intellectual property trademarks you'll come across loads of these as you interact with businesses products and services these are the words the symbols the logos that help define a business and businesses if they're smart will register their trademarks which means that they have the exclusive use to use them or license them for use by others but that their their registered trademarks are therefore protected there we go that's just a quick overview of some ways in which your business can protect its intellectual property you


Thanks Geraldo your participation is very much appreciated
- Ronnie Vanamburg


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