Intellectual property (IP) refers to a number of distinct types of creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. The owner of IP is granted certain exclusive rights to use his creation for commerce or as per his wish to use this creation. Intellectual property is protected by:
> Patents on inventions;
> Trademarks on branding devices;
> Copyrights on music, videos, patterns and other forms of expression;
> Trade secrets for methods or formulas having economic value and used commercially.
A patent is a legal monopoly granted by statute of a country for a limited time to the owner of an invention. It empowers the owner of an invention to prevent others from manufacturing, using importing or selling the patented invention.
A trademark is a name, symbol, word, device, Phrase, logo or a combination of all these elements, used to distinguish or represent goods of one manufacturer or seller from goods manufactured or sold by others, and some time used to indicate the source of goods or services. A trademark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a product. It is comes under the types of intellectual properties.
Copyright is an exclusive right granted by law to the author of the works to exploit or authorize the exploitation of the copyright work. In simple words copyright implies protection against copying of one’s work by another. Copyright is one of the chief forms of intellectual property.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. A service mark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a service.
A word mark is “text only,” which means you seek to protect the word, or words, only – not the way they look. Word mark protection generally provides the broadest trademark protection. A design mark, or “stylized design” seeks to protect an actual logo, or “as it looks” or the specific styling of your text or name.
For an invention to be patentable, the criteria of patentability are :
Invention should not have been published or used anywhere in the world before the date of filing the patent application in the patent office.
A feature of invention should involve a technical advancement as compared to existing knowledge or having economic significance or both.
Invention is capable of being made or used in an industry.
It should not fall under the categories of inventions that are excluded from patentability under the concerned jurisdiction.
Yes you can launch a product but before launching you need to Validate Your Product, so that your product is safe and cannot infringe other inventions already in the market.
Copyright laws governing Indian cinema only extend to songs, movies and books, and the owner can’t claim copyright of the title unless the title is a ‘substantial’ part of the work itself. If you want to use the lyrics/music of any song/movie you need to take permission from the owner.
Yes, you have a validation search. And as a patent analyst I would recommend to have patent practise on regular basis for minimizing the risk.
After filing a patent, practising on a regular basis helps you protect your patent against invalidating or infringing other citations.
Yes, software based inventions are still patentable in the United States. But, in order to patent eligible, software patent applications must meet certain technical requirements, and must be written very carefully.
According to Indian patent act section 3, which deals with inventions which are considered not patentable, any mathematical method or business method or a computer program or algorithms are not patentable.
In our firm “TT Consultants” We offer different types of searches like:
> Patentability Search
> Validation/Invalidation Search
> Search Infringement Search
> FTO Search
> Technology Scouting
> Landscape and more.
A Patent Landscape Search is a comprehensive search for patents in a given technical discipline. Essentially, this search is a deeper analysis of a State of the Art Search after completion of that search. Looking at large sets of patent data provides a better understanding of the big picture to help you take informed decisions.
Technology Scouting is a part of trend research which deals with the regular and systematic observation of technological developments and the early recognition of emerging technologies.
Evaluating (scoring or ranking) your patents can help you determine the actual value of your patent, and understand the upcoming future trends. On the basis of the score, patents can be practised on regular intervals to identify the market growth and its requirement.
Yes, you can file a patent in multiple countries with multiple languages. A good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO.
PCT stands for Patent Cooperation Treaty. It is an international treaty for claiming one’s domestic priority in member countries of PCT. Through PCT one can file applications in countries of interest within 30 months of the priority date. Under the PCT system, a patent search report is provided and on demand a preliminary examination of application is also done. This additional information helps in delaying the investment by 30 months.