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Many inventions never make it past the idea stage, because the inventor had to go it alone without any assistance. Is There A Need For This? It brings it into reality. INCOMPLETE OR DEFECTIVE: If any application is filed without all the required parts for obtaining a filing date (incomplete or defective), the applicant will be notified of the deficiencies and given a time period to complete the application filing (a surcharge may be required)at which time a filing date as of the date of such a completed submission will be obtained by the applicant. Doctrine of equivalents A legal rule that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
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non-obvious, in order to be patented. See also Inventive step. ONLY The inventor themselves and/or legal counsel representing the inventor can apply for patents. Royalties, licensing fees and more abound in the modern business world, with patents and secrets getting more prominence than ever before.
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FAST FACT: Intellectual property laws are designed to protect different forms of intangible subject matter, although in some cases there is a degree of overlap.
Copyright and patents are different from each other.
Copyright
- This protection format covers creative and artistic works (eg. books, movies, music, paintings, photographs and software).
- It secures exclusive use and right to it regarding adapting and/or reproducing, distributing and profiting from it, for a period of time.
Patents
- may be granted in relation to an invention that is new, useful and not simply an improvement or variation on and existing idea or product.
- Exclusivity regarding commercial potential and profits are given
- Normally for a period of 20 years from the filing date.
Trademarks
- Used for branding
- a distinctive sign to tell services, products and businesses apart
Industrial design rights
- Protective measures regarding the form of appearance, style or design of an industrial object (eg. spare parts, furniture or textiles).
Trade secrets
- Deals with confidential information
- secret, non-public information
- Like the commercial practices or proprietary knowledge of a business.
These types of protective measures and exclusivity rights actaully facilitate and encourage the on-going pursuit, growth and disclosure of innovation for prosperity, greater good of society. Owners and inventors of ideas can benefit and utilize, as well as control the rights and priviledges of these for a limited period of time to reap the ultimate benefit. Using these processes you can also make the most of your million dollar idea and get most of that into your profits and pockets in the process, while still meaningfully contributing to society and the betterment of all!
Some wonder and contemplate whether these protective measures are actually more about greed, money and profits than the greater good.
These so-called exclusivity rights only allows you to protect your interests against legal infringement per se. They are fully transferable, can be licensed to third parties as well.
The TWO types of protective measures have to do with preventing someone from doing something with your idea for a limited period of time.
Copyrights do not stop others from coming up with variations or improvements, competing ideas etc. with regards to your idea, product or service.
Trademarks and patents are more powerful and robust. This has to do with property and esclusivity rights. It has to do with registered rights or so-called "sui generis" rights.