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By Molly Keener, Mary Beth Lock, and Ellen Makaravage Introduction to Intellectual Property Photographs.But what about blog posts? YouTube videos? Your term paper? Those too are examples.Intellectual property is encountered daily, usually outside the classroom or library We have a full team of professional history tutors ready to help religion homework. Should i buy an agricultural studies term paper british ama 20. double spaced; best website to write a components technology term paper freshman 7 dec 2017 - best website to write a college intellectual property thesis us letter size .Intellectual property is encountered daily, usually outside the classroom or library.
And although you usually are not aware of when you are interacting with intellectually property, or what laws govern that interaction, it’s happening.Intellectual property, in Merriam-Webster’s online dictionary is defined as law something (such as an idea, invention, or process) that comes from a person’s mind “ We have found that the UK's intellectual property framework, especially with Digital communications technology involves routine copying of text, The UK's long term growth depends on these firms. It is still not possible for a service provider to get a single licence from a collecting From undergraduate music fans..
Intellectual property, in Merriam-Webster’s online dictionary is defined as law something (such as an idea, invention, or process) that comes from a person’s mind “.
Intellectual property is more broadly identified as any work of the mind: an idea, a musical composition, a discovery, a symbol We have found that the UK's intellectual property framework, especially with Digital communications technology involves routine copying of text, The UK's long term growth depends on these firms. It is still not possible for a service provider to get a single licence from a collecting From undergraduate music fans..Intellectual property is more broadly identified as any work of the mind: an idea, a musical composition, a discovery, a symbol.Intellectual Property is sometimes subject to protection of the law and is manifested as copyright (for fixed works), patents (for inventions) and trademarks (for slogans and logos).PepsiCo’s formula for making Pepsi is intellectual property, as is the Nike swoosh.Not EVERY original thought is considered “intellectual property.” This chapter will explain the basics of intellectual property, how it is protected, and how you can ethically interact with it to advance your academic and creative endeavors.
Intellectual Property: The Good To allow the creator to benefit professionally or financially; To allow the creator to control his or her reputation; To encourage others to continue to create; and, To give owners the right to decide how their intellectual property is used, copied or distributed FOR A LIMITED TIME.It is protected either by copyright, trademark or patent law.Copyright Copyright gives legal protection to new works of writing, choreography, music, visual art, film, and architectural works.Copyright does NOT protect ideas, facts, titles, data, or useful articles (this last is covered by patent).Copyright happens automatically – no registration required – and has few requirements: Original work of authorship; Fixed in a tangible medium of expression.
This means that once a photograph is taken, blueprints are drawn, or a student saves a term paper, the creator of that work is the fully-vested copyright owner, with all the rights therein.Rights granted in copyright are actually a bundle of rights, not a singular right.Rights cover reproduction, derivative creation, distribution, public performance, public display, and the right to limit or restrict reuse.This means that to use a copyrighted work, permission from the copyright owner is usually required.Exceptions to this are noted later in this chapter, but it is generally safe to assume that reuse rights are NOT automatically given.
Copyright, either in full or in part, can only be given away in writing.Copyright law was originally conceived to ensure that those who create are given sufficient protection of and compensation for their works.Compensation does not necessarily mean monetary gain, especially in academic scholarship, although that is certainly a possibility.It also was created to clarify registration and acknowledgment of a work and its creator.By granting protection for creation of a work and extending legally-defined benefits to the creator, copyright ideally exists to ensure the continued creation of new works.
American copyright law was first set in the United States Constitution in order “to promote the progress of science and the useful arts” (#), granting protection to copyright owners for a limited time.In the intervening centuries, copyright law has morphed and expanded to the point where the current term of protection far exceeds what most people would define as “limited.copyright law states that new works are subject to the following terms: Single author works are life of the author + 70 years – published or not, registered or not; Joint author works are life of all authors + 70 years after death of the last author – published or not, registered or not; Works for hire or anonymous works are 95 years from publication or 120 years from creation, whichever expires first.
Works for hire are created in the course of one’s regular employment – i., you write a technical report for your company – when the employer has a policy that clearly stipulates copyright ownership.Most colleges and universities do not claim copyright ownership in articles and books written by faculty or students in the course of scholarship.And simply being paid to write something, such as when independent consultants are contracted to draft reports, does not automatically make the work a “works for hire” in the legal sense.
Using Copyrighted Works: What, When and How Copyright law is designed to protect the rights of the copyright holder.As mentioned earlier, there are exceptions permitted in the law.We’ll explore those as well as noting works that do not have copyright protection at all.TheCopyright Law of the United States does provide “limitations on exclusive rights.” Under certain circumstances these limitations allow for the use of copyrighted works without the copyright holder’s permission.
The limitation that is most relevant to academic use is found in Section 107,Limitations on exclusive rights: Fair use.This section protects against “infringement of copyright” for “purposes such as criticism, comment, news reporting, teaching, scholarship, or research.” There are four factors to be considered when determining whether the use of a work qualifies as “fairuse“.The purpose – This factor involves consideration of how you intend to use the work.
Non-profit, educational and personal uses are more likely considered fair use than those intended to generate a profit.
The nature – What type of work are you wanting to use? Nonfiction works are more likely to be considered fair use than fiction.Other considerations are the format of the work and whether the item has been published.Fair use would most likely favor published, printed works.The amount – Using as small a portion of the original work as possible bolsters a fair use defense.However, it is possible that even a small, vital portion of a work can be considered too much.
569 (1994), the Supreme Court found that taking the “heart” of the original work had violated copyright law.The effect on the potential market – This factor protects the economic interests of the copyright holder.
Since the copyright holder has the right to distribute their work as they choose, a use that affects the current or future profitability would most likely not be considered fair use.(Butler, 2001) Each time you use a work that has a copyright holder, whether the work is in print, on a website, on a music CD, in a television broadcast or in a movie, you need to consider these four factors.If the principle of fair use seems subjective and vague, you are not alone in that perception.Fair use and copyright law can be intimidating but it is important toexerciseyourrights.If fair use does not apply to your use of materials you can try to obtain copyright permission directly from the copyright holder.
This can be done by sending aletter or email.If you are not certain who holds the copyright, you can send the request to the last known copyright holder and ask that it be sent to the proper person(s).If you are working under the auspices of a business or academic institution, they can seek permission from theCopyrightClearanceCenter (CCC) to use works that are under copyright protection.The CCC represents publishers and authors and collects fees in exchange for granting permission for excerpts to be used in articles and websites.A more recent model for granting permissions can be found at Creative Commons.
Creative Commons (CC) is a non-profit organization that provides permissions for digital content at no cost to the copyright holder.Various levels of permission are available.One license allows anyone to change a licensed work in any way.
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The most restrictive license requires not only attribution but forbids all changes or derivative works.
The different levels can be explored on theCCwebsite.Creative Commons permissions can be found on websites such asFlickr Top Tips For Protecting your Intellectual Property From IP Lawyers.Creative Commons permissions can be found on websites such asFlickr.
For use of material on an academic database remember that license agreements take precedence over copyright laws.The license agreement can vary depending upon the terms established between the educational institution and the database vendor Results 15 - 25 - Depending on your topic you may want to rely on the scientific report style or Help me write an intellectual property term paper Business College Where to buy physics term paper double spaced APA Business Best website to order a college law practice management term paper Standard AMA British..The license agreement can vary depending upon the terms established between the educational institution and the database vendor.Most online databases require you to agree to their license terms before you can view an article.
Often there is a notice on a database webpage that states that simply opening the document is considered your acceptance of the license terms.Be sure to check the “Terms and Conditions of Use” for an online database before you share an article.On a rare occasion, permission to use a book, journal or website can be found in the source itself.Check the copyright page at the front of a book or journal to see if any permission for academic purposes has been granted by the publisher.A website may have a disclaimer also granting permission for academic use.
Some works are not subject to copyright law and are therefore available to be used without those protections.These include items in the public domain, orphan works, and government publications.Public domain refers to works that can be used outside the provisions of copyright law.This includes works whose copyright has expired.All works published prior to 1923 are now in the public domain.
Those published between 1923 and 1963 are also; if there was no copyright notice and no copyright renewal.A copyright holder can choose to deliberately surrender their legal rights and allow their work to be in the public domain.Publications created by theUnitedStatesgovernment are also not covered by copyright law.State and local government works can vary so the publisher should be contacted.Works that have no copyright date should not be assumed to be in the public domain.
(Butler, 2001) Orphan works are those which are still covered under copyright law but the owner of the copyright cannot be located or in some cases, cannot be determined.In light of this, it is not possible to obtain permission to use the work.The issue of orphan works has gained a lot of publicity due tolitigation involving Google’s attempt to digitize these works and include them in their Google Books database.Until legislation settles this issue, uses of these works may be best limited to those clearly allowable under the principles of fair use as defined in copyright law.
Trademarks Trademark protection is granted to intellectual property that identifies a particular item.
Trademark covers slogans, logos and brand names.Protection must be applied for, and subsequently renewed; it does not happen automatically when a slogan or logo is created, unlike works covered by copyright law.However, trademark protection can be renewed or maintained indefinitely.To understand a bit more about how trademark does and does not apply, watch this talk on fashion design: /talks/johanna blakley lessons from fashion s free .Hence why you find knock-off designs of expensive clothes at big box stores.
Also, while trademark covers a chain restaurant’s name and logo when used together, the recipes prepared in the kitchen are not protected.Other items that cannot be covered by trademark (nor copyright or patent) law are magic tricks, cars, jokes, and furniture – all are considered utilitarian designs.Patents Patent protection is granted to intellectual property that is deemed a useful article.This covers a wide range of products, from bottle design to machines (whole or independent parts) to prescription drugs to asexually derived plants (think Genetically Modified Organisms).Patents cannot be renewed, and protection is set for a limited time.
It is good because it means that the inventor, sometimes individuals but often corporations, get exclusive financial benefit during the life of the patent.It is also good because it means that eventually others can replicate the articles and offer less-expensive versions.However, there are bad sides to patent protection.Agriculture companies that sell seed for GMO products, such as corn, not only control the cost of the seed, but also which fertilizers and pesticides can be used, as the plants are bred to work only with company-provided products.
Additionally, GMO seeds produce plants with seeds that cannot be replanted; they are asexual plants.In the case of prescription drugs, it often means that new drugs that offer better results are quite expensive, as only the name brand is initially available.Another negative aspect of patent protection in prescription drugs is that in order to protect revenue, pharmaceutical companies will sometimes only slightly alter the chemical compound of a soon-to-expire patented drug, file a new patent, and continue to reap the financial benefits of patent protection.This happened in the early 2000s when AstraZenica was set to lose protection for the highly successful Prilosec (used to treat ulcers and gastroesophageal reflux disease), and the company released Nexium, the new “little purple pill” that was almost an exact chemical mirror of Prilosec.Read more at /id/20249591/ns/health–second opinion/t/costly–side–effects–nexiums–ad–blitz/.
Nevertheless, despite its flaws, patent law serves to stimulate innovation and reward inventors, including those working in labs on college and university campuses, and is an important area of intellectual property protection.Plagiarism & Violation: The Bad Plagiarism is defined inMerriam–Webstersonlinedictionary as: “the act of using another person’s words or ideas without giving credit to that person : the act of plagiarizing something”.Had I not mentioned where I found that information and just passed that definition off to you as though the words were my own, I would have been committing plagiarism! But because I appropriately attributed my source, I am not.Generally, intellectual property, in order to be protected, must have some sort of commercial value: a design, a unique concept, a formula for a new drug, a written work.The legal protections afforded an individual or a corporation who have a patent, trademark or copyright are only for a limited time.
Once that period of time has passed, the item falls into the public domain.The length of time afforded for legal protection for copyrighted, trademarked and patented works differs from country to country.TheDigitalCopyrightSlider can be used to determine if a work you are interested in quoting from is still covered by copyright protection.But even that will only tell you if you need to worry about paying for or requesting permission from a copyright holder for the use of their work.Attribution should be given regardless of the age of the work.
Plagiarism and Copyright Violation are related but are not the same thing.If a student copies an entire section or even a sentence from an existing work, the student has plagiarized that work, even if the book it was lifted from is in the public domain.(Written works published in the United States fall into the public domain after they have been in publication for over 70 years beyond the life of the author.) In this case, the student is guilty of plagiarism, but not a copyright violation.However, this act is still a theft of intellectual property.
When books fall into the public domain and the original author no longer holds copyright, others are allowed to utilize the text without paying copyright fees.This is why there are so many publications, by so many different publishers, of well-known older works.
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It is also why the entire text of a work can be made available for free in a download from the Kindle store, or through the Project Gutenberg website.Examples of Common Violations Taking a sentence or two from a book without attribution to provide just the right turn of phrase to a paper because you can’t think of a way to say it better is a violation of the copyright of the author of the original work.Taking a unique idea that you’ve read in a journal article, even if you don’t copy the content word for word, and passing the idea off as your own by not providing attribution to the original author is a violation of intellectual property and copyright Should i order a term paper intellectual property without plagiarism Platinum Formatting 72 pages / 19800 words A4 (British/European).
Taking a unique idea that you’ve read in a journal article, even if you don’t copy the content word for word, and passing the idea off as your own by not providing attribution to the original author is a violation of intellectual property and copyright.
Including a photograph of a work of art meant to illustrate a particular artists work, or a particular period without attributing the book it came from or the website it appeared on is also a violation of copyright.Including the artwork from an album by your favorite rapper you found on ’s website and including it on the cover of your paper on misogynistic lyrics in rap songs is a violation of copyright too Best website to write intellectual property term paper 50 pages / 13750 words 48 hours Premium American.Including the artwork from an album by your favorite rapper you found on ’s website and including it on the cover of your paper on misogynistic lyrics in rap songs is a violation of copyright too.Students might want to use an image of the Nike swoosh, and the phrase “Just do it” on a t-shirt or sign encouraging people to rush a fraternity or sorority.This is a violation of the Nike trademark.Creating a mix CD from all of your favorite songs to give out to guests at your party is a violation of copyright.
(But, making a mix CD of music that you own for yourself is OK!) Citations: The Confusing Why Cite? Citing your sources does a few very valuable things to your paper.It not only increases the credibility of your claims and impresses your reader with the depth and breadth of your research skills, but it also prevents you from plagiarizing and violating copyright law.Citing sources and providing attribution to scholarly works is the only way to provide the necessary evidence that the work you are providing in written form is your unique collection of thoughts that has been brought forth from your unique collection of resources.Citing should not be considered “cheating” because you are stealing ideas from another individuals work.
Instead, it is an opportunity to show that you are standing on the shoulders of giants.
You have read and understood their work, and you are ready to forward that thought.What needs a Citation? Citing your sources in a paper will enable your reader to identify where you got a particular piece of information.Things that are just understood to be true do not need a citation, but anything that might be questioned should be.For example, consider the following paragraph: (1) Summer time in North Carolina brings with it elevated temperatures, including high temperatures that daily rise into the 90s, or even above 100 degrees Fahrenheit.
(2) Meteorologists and climatologists who track the temperature fluctuations over time have noted that, of the 10 hottest years on record in North Carolina, six of them have been posted since the year 2001.(3) Global warming is surely to account for this change.In the above example, the first sentence does not need a citation.The second sentence needs a citation since it is a factual piece of information that your reader may want assurance that it is true.
It is something that requires a reference to an authoritative source.That authoritative source might be the NOAA (National Oceanographic and Atmospheric Administration) website or it might be something that was read in an article in Time.But to be authoritative, you should not reference that you heard it around the dinner table, even if that is where you first heard it.Hopefully, you’ve done some fact checking to find out that it’s true.That’s called research! (By the way, the author did not do any fact checking on that paragraph above so don’t cite ME as an authoritative source.
) The third sentence “Global warming is surely to account for this change.” may not need a citation, especially if the reason for the paper is a persuasive paper meant to convince your readers that global warming is real.Presumably, you’ll be giving many more citations throughout the paper that will explain your position in detail and will back up your claims with many more authoritative sources.Alternatively, if this is a quote, from Al Gore then you should include that sentence in quotes, and include the source for THAT quote.
With citations, it would look something like this: Summer time in North Carolina brings with it elevated temperatures, including high temperatures that daily rise into the 90s, or even above 100 degrees Fahrenheit.Meteorologists and climatologists who track the temperature fluctuations over time have noted that, of the 10 hottest years on record in North Carolina, six of them have been posted since the year 2001.“Global warming is surely to account for this change” notes Al Gore in his book Earth in the Balance.(44) In the example above, the parenthetical 44 is the page number in the book Earth in the Balance where that quote can be found.
If you don’t mention the name of the book in the text of the paragraph, you will need to have the author and the page number in your citation.The third sentence then looks like this.“Global warming is surely to account for this change” notes Al Gore.Vetting your Sources In the above example, I suggested using two reliable sources: a government source (NOAA) and a renowned author and former Vice President.
(Al Gore) But what if you don’t have such obviously esteemed sources to choose from? What your Uncle Joe heard on NPR and then reported at dinner isn’t a good source.But if you took that lead and found an article on NPRs website that reports the information he heard, that IS a good source.If you are finding only unsubstantiated claims on websites that are not from authoritative sources, try to find additional scholarly sources that say the same thing and utilize those sources in your bibliography and citations.Use the databases available for you on the databases page of your library website.Your librarians subscribe to databases for your use and we have vetted them for you.
You can be assured that any articles you find there are going to be recognized and valued by your professor.You can also make use of the Bibliographies and Works Cited of articles you find helpful.They will allow you to find still MORE sources that will be valuable.We will help to steer you in the right direction.
Works Cited In either case, the Works Cited from the example above would include both of these authoritative sources.Using Modern Language Association, 7th edition format, they would look like this: Gore, Al.Earth in the Balance: Ecology and the Human Spirit.“NOAA Study: Increase in Particles High in Earth’s Atmosphere Has Offset Some Recent Climate Warming.” NOAA:National Oceanic and Atmospheric Administration 21 July 2011.Works Cited or Bibliography? Works Cited, References or Bibliography section of your paper is where you really show the hard work you’ve put in in your research, even before you wrote the first sentence.
Works Cited and References mean the same thing: it is an alphabetic list of all of the sources you cited in your paper.But it includes ONLY those things that you’ve cited.You may have looked at some sources and kept notes on ideas that didn’t actually make it into the paper.If you want to include all of the authoritative works you reviewed, you can put them all into a Bibliography.Which you include in your paper is largely a matter of the preference of the preference of your professor or instructor.
He or she will give you guidelines on what is needed.Citation Styles Works Cited Issues in Science and Technology Librarianship, vol.(IEEE) The Journal of Academic Librarianship 34.Long live old reference services and new technologies.
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Weinstein, “The Market in Plato’s Republic,” Classical Philology 104 (2009): 440.
(Chicago Manual of Style) Looking at this list of citations, you can see that all of the citation styles will allow a researcher to get back to your original research.You can further see that it is really important to utilize only one format and be consistent when writing up your works cited lists AMA Style Formatting Styles Guide Pro Papers com.You can further see that it is really important to utilize only one format and be consistent when writing up your works cited lists.
Imagine a faculty member trying to figure out the volume number of each of these citations if they all were put into a single Works Cited list.Here’s a tip: It’s a good practice, generally, to not try to get a faculty member angry as he or she is finishing reading your paper! Below is exactly the same article cited in three different citation style formats that are frequently required in undergraduate classes; Chicago Manual of Style, MLA and APA.Susan Collins, Linda Dujmic, and Terry Hurlbert.
“Going Off Site: Implementing a Plan for a Library Storage Facility.(Chicago Manual of Style) Collins, Susan, Linda Dujmic, and Terry Hurlbert.“Going Off Site: Implementing a Plan for a Library Storage Facility.
Going Off Site: Implementing a Plan for a Library Storage Facility.Technical Services Quarterly, (APA) In comparing them, one can see that they do contain the same information.The article came from the journal entitled Technical Services Quarterly.
The volume it was in is numbered 23, and it was published in 2006.The authors are obvious as, is the title.But the format is significantly different.The MLA and APA citation is double spaced to the single spaced Chicago Manual of Style format.The MLA format identifies the article as having come from web content, while the Chicago Manual of Style and APA format is silent on that issue.
While the order of the name in Chicago Manual of Style and APA is firstname, lastname (Susan Collins), and in MLA it is reversed, (Collins, Susan) they would both fall in the same place in a list of works cited: alphabetically by the first author’s last name.Which format is used is really one of personal preference, or the personal preference of your instructor.Different professions require the use of different citation styles that fit the specific needs of researchers in that profession.As a writer, your job is to ensure that you are consistently adhering to the required format style of your paper.
If your professor is unconcerned about choosing a particular style, choose the one that is most comfortable for you.
Conclusion Using intellectual property in an ethical manner requires the author (you) to be conscientious and informed.Respecting the rights of copyright, trademark and patent owners, through proper attribution and obtaining permission (when needed), spurs future creative endeavors.Use the works of others, but cite them properly.Additional Resources For more help on formatting a citation, look for citation help” link on your library’s home page and review theCitationGuidesandStyleHelp page.Additional help for writing style and citing sources can be found at Purdue’s OWL don’t forget to take advantage of resources like your university’s WritingCenter.
Copyright Website Top Tips For Protecting your Intellectual Property From IP Lawyers By Alex Sluzas • Protecting intellectual property is a very important part of any successful business owner because it is the act of keeping your brightest ideas kept safe.Don't be one of those people who gets their money making ideas stolen because they did not protect it the right way.The Top Tips for Protecting Intellectual Property Everyone Should Know So, you are ready with your business plan, the office space is ready, you have got your staff and you are ready to roll with your idea.Over next week, you find out that someone else has gone ahead with your precious idea and is already set shop.Won’t that be a nightmare? Well, then, it is high time, you think about securing your precious idea.
This is where the concept ofIntellectual Propertyor IP comes into the picture.Know More About IP Intellectual property could be an idea, an innovation, a new product, a unique business plan or anything that is new and one of its kind.Everything related to your brand could be a form of IP, such as yourlogo , website design, the songs you have created, marketing materials and even your recipes and your packaging design.In summary, anything created for your business or anything related to it is considered to be an intellectual property.To prevent intellectual property theft, you should take necessary and immediate action.
We have listed here the steps you should take to protect your Intellectual Property: Find out if your idea is indeed original: You may wonder why this is necessary.In today’s era of the internet and startups, chances are that a version of your idea or something similar is already out there.So first you need to establish the authenticity of your idea by checking patent databases and other resources to confirm that there are no similar versions yet.You can even seek expert help in the matter.If it is a new product you are launching, then document all the stages of its creation, from the first sketch to the prototypes you have created in the process.
File for IP protection under copyright, patent and trademark laws.Patents help you prevent others from using, making or selling your product.You can approach the US Patent and Trademark Office for the same.Trademark protection is for your logo, name, or any symbol or design that you have created for your business which gives an identity to your business.
Trademark (TM) is used to signify common-law rights.When you register your trademark with theUSPTO , you can use the "R" symbol.Copyrights are for all ‘original works of authorship’ for literary creations, musical works, artistic works, etc.Get the help of a lawyer: Your Intellectual Property is the key to your business and the basis of your survival, so it is important that you take all measures to ensure intellectual property protection.Here is where an intellectual property attorneycan be of help.
Keep IP with the company: You should have legal documents that say that any idea generated for the company, be it a product, name or software, will be the sole property of the company.This is not just for the employees but also for the founders.You could include this clause in the founder’s agreement as well.Draw up Confidential or Non Disclosure and Assignment Agreements: In the age of social media, it does not take much time for your business secrets and plans to be exposed.A recent incident in which Apple fired its engineer after his daughter posted a video oniPhone Xbefore its official launch is an example.
Well, this is not the case of IP, yet, it is a case of breach of trust, though inadvertently.Your intellectual property lawyer can draft a detailed and clear agreement for you.The agreements are binding on employees and also third parties including consultants and vendors.These are legal documents and anyone breaching it could be sued.You can also include co-founders in the agreement or add the clauses in the Founder’s Agreement.
Check the clauses and ensure that it covers everyone associated with your company, even remote workers.
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Gather as much as knowledge: With the legal agreements in place, you have nothing to worry.Having a lawyer to help you out in protecting your intellectual property is also assuring.Yet, as the business owner, you should know what more can be done to further protect and secure your intellectual property Similarly, many of our respondents explored a notion of Intellectual Property which There are also concerns beyond the personal text that require careful and social justice issues; undergraduate students have published research on to publish their creations alters or even destroys that intellectual space in which we .Yet, as the business owner, you should know what more can be done to further protect and secure your intellectual property.
Get in Touch with Us The attorneys atPaul and Paulare always ready to hear out your case! Try to read up and understand every aspect related to it so that if there are any loopholes, you can consult your intellectual property attorney to find out on how to turn them around before they cause any damage.
Give us acallat 866-975-7231 to get your IP or patent related questions answered.How to Patent an Idea 101: Make Sure Your Idea is Not Already Taken So, you have a great idea, that you want to turn into a flourishing business or maybe a product that'll change the world, and you are ready to give it shape.But, you suddenly find out that there is already a patent issued by some reputed university or organization on the same idea.Infringingon a patent can have serious legal consequences so, in this situation, your best option is to consult alawyerand find out the details about how to patent an idea, what are the active clauses.
Here is a detailed take on things you need to consider and steps you need to take once you find out that your idea already has a patent.
Know the Difference between Issued Patents & Published Patent Applications Issued patents and published patent applications are two different things.The issued patents come in the form of 7 digits that do not refer to any specific year.The newest starts with 8 and the older with 7, 6, 5 and so on.To find out if the older ones have been published under a different number, theUSPTO’sPublic Pair System is used.This system can let you know whether the application is on its way to becoming an issued patent.
If you are keen to patent an idea that is your own, it is necessary to monitor the applications that make you concerned and doubtful.Through monitoring, you can come across a notification of a change in status.A published patent application, on the other hand, is not a patent though it has the possibility to become one in the future.The difference between an issued one and an application lies in the serial number of the document.While the former is 7- digit long, the latter starts with a year followed by an 8-digit number.
Find out if the Patent is Still Active The next step requires you to find out if the patent you are looking at is an active one.With over 8 million patents issued so far, chances are that many of them have been abandoned or have already expired.Often, people who patent ideas fail to pay the required maintenance fees.However, this status cannot be known from thePublic PAIRsystem.
As a basic rule, patents filed after 8th June 1995 have a 20-year term from the earliest effective filing date while the ones filed before the said date had a term of 17 years from the date of issue.While this way of finding out whether a patent is active can be confusing, one possible method is to use the patent calculator.But this too has quite a few limitations.For instance, this tool will hardly let you know about the patent’s earliest effective filing date nor will it take into account factors likePatent Term Adjustmentsand Terminal.Disclaimers In such situations, the only possible way of understanding if the patent is active is by seeking the help and guidance of an intellectual property attorney.
Analyze the Claims of an Active Patent This is the most vital part of all that you need to do when it comes to a patent idea and realize that your idea already has a patent.All active patents have claims, mentioned at the back of the document explaining the scope of the legal protection given to the owner.It is only an expert lawyer who can understand these claims and advise you on obtaining a clearance opinion in case the claims of the patent do not read on the idea.A clearance opinion can be effective in protecting your company from damages, should there be a case of infringement in future.Now, in the event of an active patent with claims that perfectly read on the idea, there are few other options to explore.
For instance, you can go for obtaining a license if the patent holder is not actively practicing the idea or perhaps purchasing the patent outright.In any of the above instances, the professional expertise of an attorney is of extreme significance.He/she can also offer you with several options and thorough guidance in the subsequent steps to be taken if your idea is already patented.AtPaul & Paul , we are here to help you through the steps that go into the patent process.If you’ve just found out that there’s already a patent on one of your dearest ideastalk toone of our intellectual property attorneys at 866-975-7231 and find out what should be your next step.
Can You Trademark a Hashtag? Here's Everything You Need to Know Today, marketing and promotion of a business or a service are considered incomplete and futile without social media.The concept of going ‘viral’ is helping products and businesses catapult their band to newer heights in a short amount time.Trends in social media and marketing, in general, are constantly changing but one concept that is going to be vital for a long time is the hashtag.In fact, the hashtag concept is so popular that you will find it even on offline messages now, just to emphasize a point.If you think your hashtag needs trademark protection, then you should consult a trademark lawyer.
Before you go ahead and file a trademark, you should know a little more about hashtags, about what can be registered and what can't.Hashtags and their registration A hashtag is referred to a phrase or a single word that is preceded by a symbol of hash #, also known as the pound sign.For example, a hair color brand may use #impressivebrown hair to promote their product.Some hashtags are common and can be used by everyone, individuals or businesses.It could be #enjoyyourlife, #lovemyhair, etc.
But there are some phrases that are unique to a certain brand, examples are the ones with the tagline of popular brands.It was when taglines for brands started catching on, companies started registering unique hashtags that identified their brand value.The registration of hashtags is a relatively new phenomenon.According to a study byThomson Reuters CompuMark , now known as Clarivate Analytics, in 2010, only seven companies applied for trademark hashtags but in 2016, there were around 2,200 applications.This number is surely going to increase in the coming years.
Hashtags recognized as trademark-specific So, the question iscan you trademark a hashtag ? TheUSPTOor the United States Patent and Trademark Office identifies registerable hashtags as those which are unique to certain businesses or brands.That means hashtags that individualize a particular business can be registered.Some of the examples of registered hashtags are of the Coca-Cola ( #smilewithacoke ), Nike ( #makeitcount ), etc.In the recent years, the USPTO has allowed around 100 hashtag registrations, some of which are, #THESELFIE for products and services related to photography and videography,#STEAKWORTHYfor restaurant businesses and#LIKEAGIRLrelated to information and stories on women empowerment.
Hashtags refused as trademarks A hashtag in itself is not a trademark symbol but it is worthy of protection only when it identifies the source or the company it denotes.
Thus, USPTO refused to recognize many descriptive phrases with hashtags.Thus, hashtag registration also functions as conventional trademark recognition.The ones that identify its creator are trademark-specific hashtags and ones that are vague or common phrases are not trademarks.Steps brands should take regarding hashtag registration Brands should take steps to protect their business on the internet, especially social media.
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The first step is to register words or phrases that they have been using as their tagline or identifier without the hashtags.
For instance, if you deal with wrist watches, and if your popular tagline is, ‘Now is your time’, then you should register the phrase first.Businesses also need to use hashtags that do not include their brand name or the main brand such a list may not be needed for students from elite high schools. DATABASE SEARCH RESULTS: Guides to Research Paper Writing Skills What does a reference look like for a SINGLE-AUTHOR BOOK? Writing Within Sociology: A Guide for Undergraduates Department of Sociology To get a good grade..Businesses also need to use hashtags that do not include their brand name or the main brand.
Also, you should be careful in using certain hashtags that are easily identifiable with a certain company, because it may lead to copyright infringement.Atrademark attorneycan help you find ways to protect your hashtags and the best possible way forward.Since hashtag creation is also included as intellectual property, anintellectual property lawyercan be of great help.
It is also now necessary to include relevant clauses that caution against using your unique hashtags in your license agreement, settlement agreements, etc.Therefore, it's necessary that you take steps to protect your brand and your business on social media platforms.An intellectual property lawyer can help you in identifying the right hashtags that require registration and can also guide you in using relevant and non-controversial hashtags that do not infringe on any other’s rights.If you have any doubts or questions regarding hashtag trademark registration, then you should contact aPhiladelphia trademark attorneyat 866-975-7231.A Patent Lawyer Can Help You When it Comes to Patent Searches A patentis the exclusive right given by the Government for sole ownership of any process, design or new invention, for a defined period of time.
It also allows the patent-holder to commercially utilize that invention until the patent validity is over.Before a patent is issued to the inventor, a patent search must be carried out.This is done to determine whether the invention is unique or not.Only then will the invention be qualified to receive a patent.A patent search is usually conducted by a patent lawyer through the database of formerly issued patents.
Getting a patent opinion will give you an idea of the chances that your patent application will go through.Although it is not mandatory by law to run a patent search, the process is definitely the right step towards the patent process.Apatent attorneycan help you immensely by reviewing the drawings and text of patents and previous patent applications to find inventions that may be similar to the inventor’s new invention.Relevant patents are found using the patent classification system, in addition to keyword searching, to find relevant patents.The patent process can be complex and you may have to face various hurdles to ensure that your invention is unique.
Patent opinions are legal forms of feedback that gives the inventors clear insight into what his chances are when it comes to receiving a patent from theUnited States Patent and Trademark Office(USPTO).There are four types of patent searches and opinions.Novelty or Patentability Non-infringement 1.Novelty or Patentability Themost commontype of searches and opinions, is conducted to answer the question: Is my invention eligible for patent protection? Patent search and patent opinion must be done hand in hand because one of the most important factors of patentability is prior patents.
Therefore, a patentability opinion searches previous inventions that are similar to your invention so as to avoid legal complications.To do a novelty search, the inventor must clearly explain and identify the invention as well as list out the key features that make it unique.Post this, the inventor or a patent lawyer will conduct a thorough search through the USPTO patent database for patents and publications.He will also search the internet to determine that no prior patent has the same elements or even a combination of prior patents has the same elements since it would render the invention obvious.
Freedom to Operate Freedom to operate search or the right to use opinion searches for other patents that the invention might infringe upon.This is also known as the clearance search since it essentially gives the inventor clearance to pursue production.It gives the inventor freedom and rights to utilize and monetize his product without the fear of getting sued for infringement.Since the focus of the search is on the claim portion of the patents, it is much more complicated and time-consuming.
The right-to-use opinion looks specifically for other patents that the inventor’s product may infringe upon.This opinion is later down the invention pipeline, and essentially gives the inventor clearance to pursue production.This opinion will identify any patents that are similar enough to bring up potential infringement issues, and will also include legal solutions to work around these infringement possibilities.Once the details of the invention have been submitted by the inventor, then a patent searcher will search focusing only on enforcing patents and published patent applications.After a thorough analysis that includes the specific examination of the independent claims of the relevant patents, the patent attorney will further research the prosecution history of those patents.
Only then can the assessment be made if the product will create any sort of infringement if patented.Non-infringement These opinions are directed towards only a specific patent or previously identified patents.For example, a non-infringement opinion should be attained when a new product, process, or technology is produced but is known to be similar to a prevailing patented product/process/technology, particularly in the instance when there are established competitors with patents.
In this case, a search will not be conducted, but thorough deconstruction and analysis while comparing each element to the proposed invention, will take place.
Validity Validity searches are usually conducted in certain cases.It is done to confirm the validity and applicable nature of a patent.This can be useful to those who are buying patents or rights to patents, as well as for inventors who want to confirm that their patents are valid.Like all the other options, the validity search is also a method of minimizing the risk of infringement or any legal issues in future.
The Lawyers atPaul & Paulare always ready to give you the legal advice you are seeking involving patents.To get all your queries about patent lawcallone of our IP lawyers at 866-975-7231.Tips on Using Music in Videos the Legal Way Do you think that it is safe to sing and use music in videos that was made by other artists? The answer is no if the music is copyrighted, which is true in most cases.Most musicians enjoy copyright on their work, and if you copy or use it for monetary benefits, then you are infringing upon their copyrights and are in violation of the laws.Copyright lawyershelp clients apply for copyrights and represent them in disputes over copyrighted material.
Copyright is a form oflegal protectionto ensure artists, musicians, authors and similar creators have exclusive rights to their works.An important fact about copyright laws is that it protects only written and /or recorded expressions, it does not protect themes, ideas or concepts.Copyrights can be jointly shared by one or more persons or in other words, anyone who has contributed to the piece of music or lyrics or video shares the copyright unless decided otherwise by the creators.People who have copyrights can: Reproduce their music in any form they choose Distribute their music to anyone they choose Display their work publicly anytime and any place they choose Give public performances Make remixes, compilations of their music It is important to understand copyright laws so that you are not in trouble when you want to use a copyrighted audio in your video or will be using copyrighted music to help monetize your products.There is also something called the ‘fair use’ in which case you can use parts of the copyrighted material for educational purposes, news reporting and parody.
If you do not follow the right guidelines then you could: Be flagged in red in sites likeYouTubefor copyrights violation that are clearly spelled out in YouTube music rules.Face criminal charges if you used a music audio without proper permissions and if the original owner files a case against you Get a notice if you monetize copyrighted work as your own ContentIDis YouTube’s tracking system to determine if you are in violation of copyrighted material.This automated system matches your content with copyrighted material.You will receive a notification if your video is flagged by the system.You have the right to dispute but until such time your video could be blocked.
You need to make sure that you check the usage rights before uploading videos.
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It is often difficult to obtain permission for a copyrighted music since the rights may extend beyond the actual creator of the music.is a good source for distribution and can be used to check copyrights for music by artists.What is the right thing to do? Trying to determine who the owner of a TV show or movie is easy as you can get the information on their website or a google search will give you that information .What is the right thing to do? Trying to determine who the owner of a TV show or movie is easy as you can get the information on their website or a google search will give you that information.
It is even easy to determine the owner of a gaming website as the owner's name comes up at the beginning or the end of the game.
Paul & Paulis Philadelphia’s most trusted copyright law office.If you’d like to know more about music copyrights give us acallat 866-975-7231 and get all your queries answered.How an IP Lawyer Can Help You During a Trademark Prosecution The trademark application process requires your attorney to file an application with the United States Patent and Trademark Office (PTO) and respond to any challenges or oppositions that arise.It also includes maintaining a trademark registration in the years following registration.When should you file a trademark registration application? If you are already using a trademark for commercial purposes, a “use-based” application should be filed as soon as possible to protect your investment.
If you’re planning to use a trademark, you may file an “ Intent to Use ”(ITU) application to establish priority while you get ready to launch your business.The ITU will prevent trademark hijacking if you’re able to provide a bona fide intention to use the mark within a period of three years from filing (this means you have actual intention of using the trademark for commercial purposes and you are not filing just to “reserve” the mark.) If you decide not to proceed with using the mark after the stipulated period, you risk only losing application charges and your attorney’s legal fees.All applications are examined, published, and may be opposed, if needed, by third parties or thePTO .If your application is not opposed, the PTO will issue a “Notice of Allowance.
” Next, you have three years to file a Statement of Use, following which your trademark will be registered.Examination After application, the PTO will conduct an “ex parte” examination (examination between PTO and you, the applicant).The PTO will examine if the mark is previously in use or has been applied for before your application.They will also check if the mark is valid and distinctive such that it can’t be confused with any existing marks.
If the PTO finds any grounds for rejection, they will issue an Office Action.
This is basically an opportunity where you and your attorney can offer clarification or make an amendment to the mark or application, or both.While Office Action does not imply that your mark will not get registered, it does delayproceedingsand causes additional expenses.If you hire services of anexperienced trademark attorney , he will conduct thorough research on the present trademark database and detect and rectify any grounds for rejection before the PTO does.The Wall Street Journal recently reported that patent prosecution applications filed by attorneys are 50% more likely to get approved.Another benefit of using an attorney for filing applications is that he will be able to appeal the trademark attorney’s rejection decision before the Trademark Trial and Appeal Board and get them to review your application again.
Opposition The particulars of an application are published in the Official Gazette and are available for public scrutiny.In the 30 day period starting from publication, your application can be opposed by third parties on various grounds.They can also file a petition to extend the opposition period to up to 90 days.Your trademark may be conflicting with common law (unregistered) or state trademarks.The mark may contain some disparaging term that can injure a third party’s interest or be in use by a competitor.
The grounds for opposition are almost similar to the reasons for a PTO’s denial of your application.An application that is not rejected by the PTO or opposed by third parties takes about 12 to 18 months to be registered.If an Office Action needs a response, your attorney can guide you.Cancellation Within five years of registration, third parties can file a petition with the PTO for cancellation of your registration basis grounds such as your mark is deceptive, descriptive, generic, misleading, disparaging, or not in use for commercial purposes from at least three years.Maintenance Typically, trademarks are registered for a period of ten years.
A renewal application must be filed before the expiration date, failing which the registration will be canceled.Periodic Statements of Use need to be filed between the fifth and sixth year after registration.A skilled patent or trademark attorney can provide these services on an ongoing basis for fixed or hourly fees.A trademark prosecution process can be long and winded, it can sap all your energy.The Lawyers at Paul and Paulcan help you! You should concentrate on commercializing your IP, rather than getting consumed by the legal process.
We have over three decades of experience in helping intellectuals like you.Give us a callat 866-975-7231 for a free consultation.Geographical indications While actualproperty law protectsphysical property, intellectual property protects the use of brands, creative works as well as technical works.International intellectual property rights are problematic and take more time and effort to register than any single patent in the United States because it is likely that the applicant will have to apply to each country individually.You could face considerable legal challenges while registering your intellectual property.
Why is intellectual property so complex? While there are certain rules to follow, very few understand it completely.Often attorneys fail to come to an agreement and seek the court’s decision to sort out any dispute.Intellectual propertyis a serious affair.Any deliberate attempt to violate the rights of an intellectual property owner can lead to grave consequences – not just financial but it can also lead to a massive dent in the offender’s reputation.IP laws fall under the jurisdiction of federal law.
Constitution grants Congress the power to endorse innovation by making sure that the creators are granted intellectual property rights through both theU.It expects practitioners dependent on third-party L&D materials and content to familiarise themselves with basic guidelines and act conventionally while making decisions about the creation and use of IP.The bottom line is that if you are using content written by someone else to be part of any kind of published work, you should request permission from the copyright holder.
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You could also include an attribute that states that you have used the material with prior permission from the copyright holder.
Although IP is the kind of law that was developed to safeguard the fruits of intellectual labor, copyright infringement is an issue that tries to capitalize on the ideas without giving due credit to the owner.The issues, of course, are quite different if it relates to the use of your own or your organization’s original materials versus those offered by an external supplier This guide provides information on how to organize medical research papers in Let us get back to what American Medical Association style is. use one-inch margins on all pages, and the pages need to be double-spaced. When you provide the citation of a particular author, you respect his intellectual property rights..The issues, of course, are quite different if it relates to the use of your own or your organization’s original materials versus those offered by an external supplier.
The “fair use doctrine” is the IP law that is cited the most often in such situations.This allows limited use of the copyrighted material without the permission of the right-holders Ethical Uses of Information The Good the Bad the Confusing blogs.This allows limited use of the copyrighted material without the permission of the right-holders.This permission is allowed on the basis that the public is entitled to use portions of the copyrighted material freely if it is for purposes such as – commentary and criticism, news reporting, non-profit educational use, research and scholarship and parody Ethical Uses of Information The Good the Bad the Confusing blogs.
This permission is allowed on the basis that the public is entitled to use portions of the copyrighted material freely if it is for purposes such as – commentary and criticism, news reporting, non-profit educational use, research and scholarship and parody.
So the lines between infringement and fair use are again blurred .So the lines between infringement and fair use are again blurred.There are four basic factors used to determine if the material is can be permitted for “fair use”: 1.Objective and nature of the usage The question here is if the intention behind using the copyright material to inspire creativity or rationally enrich the public.If its main intent of use is monetary benefit by overriding the purpose of the original, then the usage will not fall under fair use.
Type of the copyrighted work There are certain materials such as facts and ideas that belong in the public domain, which cannot be copyrighted.Ownership of work can only be given to an individual’s expression or thoughts and ideas about the pre-established fact.Quantity and essence If only a negligible part of the original copyrighted work has been imported into the new work, then a fair use analysis is not even conducted.Effect upon one’s value The effect that the plagiarised content had, on the owner’s ability to utilize his work to the maximum of his ability will also be considered.While this might seem confusing and complex, a good intellectual property lawyer can provide you with preliminary advice on how to handle the process of registering and protecting the creative value of literary, artistic and audio-visual work or any other IP.Intellectual Property Attorneys are also adept at dealing with any red tape involved in applying to the intellectual property right registration authorities.Paul & Paulis Philadelphia’s most accomplished Intellectual Property Law Firm.Call usat 866-975-7231 for a free consultation and get all your IP related queries answered.
Trade Secret Law: Uber is Under Investigation for Trade Secret Theft Many well-known companies have been on the radar in recent times because of trade secret thefts.Large multinational companies can be razed to the ground with just oneintellectual property theftcase.Take for exampleBarnes and Noblewho were sued by Amazon because it had infringed upon Amazon’s patented one-click purchase system.Amazon has eventually dominated the entire online book business system.According to theEEA (Economic Espionage Act) of 1996stealing of trade secrets is a violation of Federal Criminal Statutes.
If found guilty under this act you could face 10 years in prison or more and a fine of up to $5,00,000 if you are a company and a fine of $2,50,000 if you are an individual.You are proven guilty if: You stole, attempted to steal, or conspired to steal with someone else while being an employee of the company.You stole anything related to a product that was produced for or placed in interstate or foreign commerce.You stole knowing that the object of crime was a trade secret.You stole being fully aware that your offense could injure the owner of the trade secret.You stole with the intent to reap economic benefits other than the owner.Uberfor example has been in the news lately as it was accused by Google’s autonomous vehicle subsidiary Waymo oftrade secret theft .Anthony Levandowski a former employee ofWaymoillegally downloaded 14,000 technical files before he left to start his own company Otto- which was later acquired by Uber.
Levandowski was paid $700 million and was in charge of the autonomous vehicle program (a crucial program for Uber’s future) The case has been referred to the U.S District Judge William Alsup for possible criminal action.But as Judge Alsup noted to Waymo attorney’s when making the referral, “You have one of the strongest records I’ve seen for a long time of anybody doing something that bad.” Uber was forced to fire Levandowski on May 30, who if convicted could face up to 15 years in jail time.
The case is so bad that even as Uber is trying to distance itself from Levandowski by claiming that it did not have any knowledge of the engineer stealing the 14,000 files it could still be looking at a huge lawsuit.Levandowski could become a witness against Uber claiming it was very well aware of what was going on.This is one more blow to Uber's long list of problems from sexual harassment, firing of employees and the internal turmoil that's been going on for a while now.S Attorney will take up the case or if Uber can be proven guilty of the accusations it's clearly bad publicity for Uber who is in the soup lately for not only trade secret theft but also of bad public opinion.
To top that a number of its top executives have departed in 2017 alone.But, Uber is not the only one suffering from an intellectual property dispute.About 80% of today’s companies (both national and international) are caught up in some sort of intellectual property dispute.Take the case of Chinese bike-sharing company YouOn.Days before it could start its public offering of shares in the Shanghai Stock Exchange it was forced to stop as an independent inventor had filed a patent infringement suit against it.
Whatever the case maybe it is important that a company protects its intellectual property.If you fire an employee make sure he loses all his rights to access company data immediately.This will prevent a bereft employee from stealing your IP.A study conducted by the US Department of Justice in 2004, recorded over 8000 cases of various forms of infringement.And most cases perpetrators who have been found guilty have got some form of jail time.
Hopefully, stringent policies and laws will deter this kind of cases in the future.Procedures and policies which would prevent this from happening must be strictly enforced.If you or your company has been a victim of an intellectual property theft then you must contact an intellectual property attorney who could guide you through the various intellectual property laws.If you suspect IP theft givePaul & Paula call at 866-975-7231 for a free consultation .
Why a Patent Attorney is Helpful for Obtaining a Patent Application After endless weeks of research and hard work when your invention comes to life, the only thing left to do is patent it.
Patenting it protects your intellectual property from copycats.It’s a long, tedious and expensiveprocess , and without the right support, it can be a real hassle.But why should you go through all that trouble and get a patent? Why is it so important? Here are a few reasons that getting a patent for your invention is crucial: Exclusive rights – Patents give you the sole right to use and monetize your invention for up to 20 years from the date of filing the application.Competitive advantage – Even if you are not planning to develop or commercialize your invention, a patent can block others from creating a product that may compete with your existing portfolio, effectively busting competitors out of your market and protecting your profitability.
Increased interest from investors - Startups based on patented technologies tend to be a lot more appealing to venture capital investors than those without patents.Freedom to license or sell – The right to monetize your product is a huge advantage.It can be sold or licensed to another enterprise, which will provide you with more funds to run your business.Better company valuation - A strong and relevant patent portfolio can be useful for raising funds and finding business partners while having a significant impact on a company’s valuation.
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So now that you have realized that your invention is worth patenting, next step is deciding on apatent lawyerto guide you.
But before that let us figure out who a patent lawyer is and what he does.Why should you hire one? Who are Patent Lawyers and What Does a Patent Attorney do? A patent attorney is one who specializes in patents and all matters related to patent law and practice Precalcuslus Homework Help Best Academic Writing Service in nbsp.Why should you hire one? Who are Patent Lawyers and What Does a Patent Attorney do? A patent attorney is one who specializes in patents and all matters related to patent law and practice.
He/she will be qualified to represent clients seeking to obtain patents for their inventions.Every lawyer cannot necessarily file a patent 14 Jan 2013 - Your term paper? This chapter will explain the basics of intellectual property, how it is Single author works are life of the author + 70 years – published or not, sometimes individuals but often corporations, get exclusive financial style formats that are frequently required in undergraduate classes; .Every lawyer cannot necessarily file a patent.They must bequalifiedenough with an appropriate certification to be eligible to file even a provisional patent applications 14 Jan 2013 - Your term paper? This chapter will explain the basics of intellectual property, how it is Single author works are life of the author + 70 years – published or not, sometimes individuals but often corporations, get exclusive financial style formats that are frequently required in undergraduate classes; .
They must bequalifiedenough with an appropriate certification to be eligible to file even a provisional patent applications.
Though most patent lawyers handle various patents from various fields, a patent law attorney should be well informed about the patent law surrounding specifictechnical areashelp me write an functional analysis case study Custom writing 3 days Academic.Though most patent lawyers handle various patents from various fields, a patent law attorney should be well informed about the patent law surrounding specifictechnical areas .Having an expert opinion from someone who thoroughly understands patent law surrounding your niche can be extremely valuable.A lawyer adept at patent law will be aware of how to file a company patent, anticipate the patent office’s rejections and use the law to help you achieve a patent for your creation.Why S hould I Hire a Patent Lawyer? A patent lawyer is not entirely needed to apply for a patent.You can independently submit a patent for your invention, representing yourself.
But the repercussions of your action might be grave.Writing a patent is extremely difficult.Patent law is a highly technical as well as legal field.Overlooking even the slightest detail may put the future of your invention at risk.Hiring a patent lawyer who is well-aware of the law and technical jargon, will free you from the tedious process of filing a patent.
Writing a patent yourself is highly risky.If you still feel you would be able to be better at putting your idea and invention into words, then get a patent lawyer to look over your draft.You can also write and submit your own provisional patent application, which will give you one-year to file a formal patent application.Although provisional applications are not as official as a patent, it allows you to present your invention to various investors with a patent in hand.A good patent lawyer will advise you on whether your invention is patentable.
A patent attorney can also advise you on whether to file a provisional or non-provisional patent.The attorney's work on the patent application will help you explain and claim your invention in a way that makes the most of your patent rights.They will also conduct a thorough search for prior inventions that might be similar so that you don’t waste your time and money filing a patent application that might get rejected.A patent attorney will prepare your patent application to meet theUSPTO’sexact requirements to minimize delays in the patent application review process.If the USPTO grants you a patent, a patent attorney can help you enforce your patent rights, which is essential to capitalize on the economic value of your invention.
And if the USPTO’s patent examiner rejects your initial application, an attorney can help you appeal the decision too.Contact Us Today If you are looking to patent your invention or future idea, the attorneys atPaul & Paulare here to help.Our seasoned attorneys assist with all matters relating to trademarks, patents, copyright, and trade secrets and have an extensive knowledge base of all things technology as well as intellectual property law.For a free consultation,please call usat (866) 975-7231.What Is the Role of the Patent Examiner And How Do I Become One? A patent examiner is a person who reviews your patent application.
A patent examiner carries an advanced level of engineering and scientific skills and knowledge along with a bachelor’s or a higher degree in the relevant field.Chief employers of patent examiners are theUSPTO(The United States Patent and Trademark Office), EPO (The European Patent Office), JPO (The Japan Patent Office) and other patent offices across the world.Role of patent examiner The main role of apatent examineris to examine or review the application of patent and determine whether the innovative idea or invention qualifies.The Act of 1970 was the first law drafted in the interest of patenting.The job of patent examiners was highly in demand after USPTO was formally established in 1802.
According to USPTO, a patent examiner: Searches existing technology for claimed invention Serves as the protector/advocate of public interest in regards to intellectual property Issues valid patents Serves as a judge on patentability in regards to claimed inventions Reads and understands the invention set forth in Title 35 of the United States Code Reviews patent applications and determine if those comply with fundamental format, principles and legal requirements.Determines the scope of the invention claimed by the inventor Searches for specific technologies and compare similar previous inventions with the latest invention claimed in the application of patent Communicates the research as to the patentability of the applicant's invention through a documented action to patent/inventors practitioners.How to become a patent examiner Patent examiners generally study several courses and subjects related to science and technology and gain a deep understanding of these subjects.This will ultimately help you in becoming a capable patent examiner.
Completing your bachelor’s degree in physics, chemistry, biotechnology, microbiology or biology would help you in gaining scientific knowledge.
Alternatively, you may select engineering at an undergrad level if you like solving problems or if you prefer the information technology field.After completion of your formal education, you must apply for the role of the patent examiner at the Patent Office.Patent examiner traits include the ability to understand the idea and technology behind the patent.For instance, if someone applies to patent a diagnostic tool, the examiner must be able tounderstandhow that tool works.Duties of patent applicants The patent applicant must submit duly completed application along with proper documentation and drawings to the USPTO.
The application must have an invention title along with the description of the utility of the invention.All this information would help the examiner in gauging what he/she is applying the patent for.All drawings and description must be precise with little or no room left for imagination other than the intended purpose of the invention.For instance, if drawings or descriptions are vague, the application may be rejected outright.Also, if a patent is granted basis vague descriptions/drawings and if any individual alleges such patent of infringement, the inventor may possibly be sued.
Various inventors have lost patent rights on the ground of vague descriptions and drawings.Life of a Patent Examiner Patent examiners must assess the applications and conclude whether the invention claimed must be granted the patent or must be rejected.After receiving an application, the examiner further compares it to the previous art, databases, patents, scientific literature, etc.The examiner or issuing office must also explain to the applicants any potential protest or objections existing against granting of the patent.Basically, the responsibilities of a patent examiner revolve around reviewing the patent applications extensively and assessing whether those meet thelegal requirementsfor granting a patent.
Legal requirements for patentability include sufficiency of disclosure, novelty, industrial application or utility and inventive step or non-obviousness.The job of a patent examiner is highly challenging as well as interesting.If you have an inquisitive and legal bent of mind, this might be the right career for you.Paul and Paulcan help you if you need help with patent laws! If you’d like to get a free phone consultation about patent laws,contact usat (866) 975-7231 for more information!