PROTECTING INTELLECTUAL PROPERTY

PROTECTING INTELLECTUAL PROPERTY

1. FORMS OF INTELLECTUAL PROPERTY

   • Are rights governed by statute that provide individuals with a right to prevent others from exploiting or abusing their intellectual creations.
     • The more common forms of IPR are
       • Patents: is a legal title granted to an applicant for protection of an invention.
       • Trade Marks: is the symbol by which the goods of a particular manufacturer or trader can be identified and distinguished from the goods of others.
       • Copyright: is a form of IP designed to protect the rights of a creator of literary and artistic works, computer programs and databases.
       • Design Rights: are now directed towards the individual character of a design. There two important international systems in operation for the protection of industrial designs: the Community Design system and the Hague Agreement.
       • Secret Know How: Value in it relies on it being maintained as a trade secret and there is always a possibility that it might leak into the public domain through carelessness or even be copied unlawfully by someone who has access to it.

2. THE PATENT PROCESS

   • First to disclose the invention formally in a "patent specification"
     • Before, has to do an analysis of the prior art, and of any material that has already been published by the inventor, must be conducted by both the inventor and the patent agent.
       • Patent Filing: The application can be filed as either a series of separate applications in all of the national patent offices where protection is sought, or a single application files under the PCT system.
         • National Applications: This establishes a worldwide priority date for the invention and is followed by an application 12 months later in each of the countries in which protection is sought, claiming priority from the first application.
           • PCT Application: this option is preferred for applicants who wish to have more time to assess the commercial opportunities for their invention and to defer decisions and costs with respect to wether and where they file internationally.
             • Publication and International Search Report: The patent specification is published six months after the filling of the PCT application.
               • International Preliminary Examination: This is an optional examination that the applicant can request after filing the PCT application to contets the opinion given in the Search Report.
                 • National Phase: Is after thirty months initial priority application has been filed.
                   • Examination Process: For the next three years of the prosecution the application enters the examination process in each country.
                     • Patent Grant: when all office actions have bee dealt with, the patent office issues a notice of grant and eventually the applicant receives the official legal document referred to as "Letters Patent".
                       • Patent Enforcement: it is up to patent owners to police their inventions and to determine whether the activities of third parties infringe their patentns.

3. THE PATENT SPECIFICATION

   • Has a formal structure and must contain four components:
     • Title; Description of the invention Claims; and; Drawings.
   • Headings:
     • Field of Invention: Provides a brief description of the technical field the invention relates to and is useful in classifying the iinvention according to the IPC system.
       • Background to the Invention: sets out the problem to be solved by the invention.
         • Object of the invention: The problem/solution is expanded to include varying aspects of the problem and the objectives os the invention in addressing those problems.
           • Summary of the Invention: Provides a description of the essential features of the invention in broad terms and, as the language used tends to echo the wording of the claims.
             • Brief description of the Drawings: Brief, but accurate, descriptions of all drawings and illustrations used in the specification are set out in chronological order.
               • Detailed Description of the invention: All the emdodiments of the invention are laid out in very specific terms and are supported by enabling diisclosures of the invention.
                 • Claims: define exactly the scope of the invention for which protection is being sought.
                   • Claim Protection: Each of the essential features that are required for the invention to work must be characterised by each limitation of the claim.

4. PATENT SEARCHING

   • Searching for information on patent databases has several benefits and the information retrieved has several benefits and the information retrieved can serve different purposes, depending on the specific search objectives one has in mid.
     • Technology acquisition: is used when a new company wants to develops a new product development
       • Prior Art Searching: is performed to obtain an overview of all patent and other information relevant ro a particular filed of technology.
         • Patentability Searches: is designed to identify patents and other publications that could be considered relevant to the novelty and inventive step.
           • Infringement Clearance: is performed in order to determine wether the product or process a party is developing, importing, or intending to manufacture .
             • Validity Search: Is performed in order to gather information from all publicly available sources prior to the filing date of the patent in question and which might reasonably be expected.
               • Equivalence Search: identifies all relevant patents and patent applications related to the parent patent application and provides a complete overview of the patent family.
                 • Competitive Intelligence Searching: The searches can be designed to identify patents and new patent applications being filed in the specific field.
                   • Status Searches: provides an update on the status of a particular patent application.