Intellectual Property Rights or IPR is a controlled protection for original works such as writing, identifiers, inventions, and processes. Patent and trademark are some of the many types of intellectual properties.
Patent Defined
A patent is an “exclusive right” given by a state to a patentee. An approved patent is usually an invention which is original, creative, functional and most importantly “industrially relevant.” The right is being given in a permanent duration as long as it is made known to the public.
Patents are classified into three categories such as:
1. Plant patent – a type of patent wherein anyone formulates a new variety of plant commonly through asexual reproduction.
2. Utility patent – a type of patent wherein anyone uncovers any new and functional procedure, mechanism, piece of manufacture, composition of matter or any innovative development.
3. Design patent – a type of patent wherein anyone invents a contemporary, innovative and ornate design for an article of manufacture.
Trademark Defined
A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors.
Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components.
Uses of Patent and Trademark
With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your “mark.”
A patent is commonly administered by the government so that the public may be able to utilize it. Conversely, a trademark is commonly managed and utilized by entrepreneurs for their own good since trademarks are usually being used as an effective marketing tool.
Benefits of Patent and Trademark
An exclusive ownership – that is the primary benefit when an individual decides to patent his work or someone decides to register a trademark. With this, other people will be prevented from creating, using or selling the ones you have such as an invention or a “mark.”
You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have.
The Registration Process
In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as “patent specification.”
For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your “mark.” Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized.
Both patent and trademark application has its corresponding filing fees. The approval of patent and trademark is being managed by the United States Patent and Trademark Office (USPTO).
There are people or institutions who can help you deal with your patent or your trademark registration. For instance “The Investors Assistance Center” is an agency which can help you with topics concerning patent. On the other hand, a professional lawyer who specializes in federal trademark may be of help on your queries about trademark registration.
The idea of an individual may it be in the form of an invention or simply a signage is an important asset of one’s society. Knowing how to properly utilize it as well as take good care of it can hold a lot of benefit not only to the discoverer but to the whole nation as well.
A trademark refers to any forms of marks which are registered to the USPTO. These are names, devices, images, and word identifying any goods which can be produce, manufactured, or natural.
Copyright is a way of protecting both unpublished and published literary, artistic and scientific works, and any forms of expressions as long as it is tangible. It means you can touch it, hear it, or see it. An essay, a play, a song, funky original choreography, HTML coding, or graphics can be protected. Laws of copyright grant the creator's exclusive rights to distribute, display, perform, reproduce, and prepare derivative works publicly.
A patent is another form of IP (intellectual property). The right of a patent in the United States is granted by the USPTO (United States Patent and Trademark Office) to the inventors. This is to prevent others from using, making, selling, importing, or offering sales of such invention over a limited period of time. The law concerning the United States patent is stated in the Patent Act, 35 U.S.C. The act contains clarifications on using jargons resolving some confusion and complexity.
There are subjects which are not given patent protection. It includes mental processes, physical phenomena, abstract ideas, and nature laws. Take for instance; you can't patent a new plant, insect, or mineral found or discovered in the wilderness. Likewise, the law of gravity couldn't have patented by Newton and "E=mC2" by Einstein. Any discovery which shows characteristics of nature is not reserved for a single person since it is free to all. Nature laws and abstract ideas are reserved for public domain. Artistic, musical, dramatic, or literary works are entitled for copyright protection. Inventions which are offensive and not useful are deprived of a patent right.
The patent law is created to serve various purposes. It is found in the U.S. Constitution, Clause 8 of Section 8 of Article I stating the power of the Congress to support the advancement of useful arts and science by giving exclusive rights to inventors and authors on their discoveries and writings over a limited period of time. Thus, a patent system was created by the Congress to reward limited monopolies to the inventors on making, selling, and using their inventions.
The inventions can be made available to the public however retaining its right from preventing others to use, sell, or make the invention. Patents are considered public records once it is issued. The patent applications of inventors must disclose the best approach for using or making their patented invention. The patent can be considered invalid if you fail in this procedure.
It is a fact that mental processes and abstract ideas are not eligible for patented rights. However, the software based on mathematical algorithms receives patent protection because it does not belong on the patent scopes. Algorithm is considered as a natural law while mathematics is the primary working tool of science and technology. The Supreme Court in 1981 included inventions related to software in the patent protection. It is because the function of the program only incorporates the underlying principles of mathematical algorithms. Non-physical processes are utilized by the software to operate electronically using mathematical equations or algorithms for controlling the computer program outputs. Functional application of mathematical algorithms in computer programs can be patented. Using examples from electricity or physics are not patentable. However, the methods in which electricity are utilized for transmitting information is patentable.
An invention is qualified for a patent protection if it is new, non-obvious, and useful. The invention was never used in public before an application for a patent is done. The USPTO will reject a patent if the invention is used or sold in public by the inventor or anyone for over one year before filing a patent application. Similar or identical inventions disclose publicly by others in any parts of the world can be denied of patent rights. Prior art is not anymore considered novel.
In general, the patent claims contain the preamble or the introductory paragraph. It is followed by the elements recited as steps or means to perform a specific function. The elements can be narrowly interpreted by structure, name, or defined steps. The defenses of a patent to infringement include invalidity and non-infringement.
Patents and Trademarks
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