less substantive examination lower filing cost full description,not claims Easier, faster, simpler and less expensive to apply usually shorter duration in some countries, limited technology, and only products (not processes) Usually, may be converted into a regular patent application.
IP -- A Business Strategy For SMEs Carol sun [email_address] CEA Forum 2007 -- Walk In Faith
Is IP Relevant To You Or Your Enterprises Why ? It's a JUNGLE out there ! Use IP as both a Shield and Sword to integrate your technology and IP strategies into your overall business, marketing and export strategies.
A powerful business tool with strongest legal protection
Strong market position and competitive advantage
Create positive image
Must be new , useful and non-obvious
Required to disclose the invention- Publish 18 months after filing date
Access to new technology or markets through cross-licensing
- Patent What ? exclusive right granted the patent owner to prevent or stop others from making, using, offering for sale, selling or importing a product or a process , based on the patented invention, without the owner’s prior permission . Is IP A complex product : may incorporate a number of inventions that are covered by several patents, which may be owned by different patent holders
Request: title, filing date , priority date, and information about inventors and applicants
Description : describe the invention in sufficient detail so that anyone skilled in the same technical field can reconstruct and practice the invention from the description and the drawings without putting in further inventive effort
Claims : determine the scope of legal protection of a patent.
Drawings: (if necessary)
Abstract: brief summary; included on the front page when the patent is published by the patent office
Patent -- Continued What ? Is IP
If the claims are badly drafted:
Your invention is not legally protected
You voluntarily disclose your invention after publication date
Cost of obtaining IP protection becomes a financially burden
Blog turns 10—who is the father Priority Date : First-to-file (most countries) First-to-invent (US) * Defensive Publication New Invention : a technical solution to a technical problem; an innovative idea, a working model or prototype innovation: the translation of the invention into a marketable product/service or process Useful for people skilled in the same technical field non-obvious
Economic rights : economic interests in possible commercial gain:
Moral rights : author’s creative integrity and reputation;
cannot be transferred without a written agreement
Protect authors, composers, computer programmers, website designers and other creators against the unauthorized copying, reproducing or distributing their original literary, artistic, dramatic and other types of “ work ”. What ?
Reproduce, Distribute, Rent copies
Make translations or adaptations
Publicly perform and communicate a work to the public
Make works available
authorship right or paternity right : The right to be named as the author of the work
Publishing rights: include the right to record, perform, duplicate, and include the work in a new or different work, sometimes called a derivative work.
Public performance right
Mechanical right : the right to record, reproduce and distribute
Synchronization (“synch”) right : to record a musical composition in synchronization with the frames or pictures in an audiovisual production, such as a motion picture, television program, television commercial, or video production
Print right : print and sell single song and multiple songs or copies of sheet music of musical compositions
Master recording rights : required to reproduce and distribute
Digital Rights Management” (DRM) tools
What ? Copyright : protects the works of the authors themselves Related Right or Neighboring Rite: are granted to certain categories of people like performers, phonogram producers and broadcasters or businesses that play an important role in performing, communicating or disseminating works to the public that may or may not be protected by copyright Music/Movie involves layers of copyright and related rights and a range of rights owners/administrators . However, in most cases a license can be obtained from one collective management organization Is IP
How Does IP System Work? unfair business behavior of competitors Unfair Competition misappropriation (obtaining, disclosing) Confidential business information Trade Secret absolute right: using, reproducing, distributing, performing, broadcasting, printing , etc works original form of expression of a work Copyright Related Right making, using, offering for sale, selling or importing a product or a process based on the patented invention new,useful,non-obvious- invention used in a process, product, service or business method Patent direct or indirect reproducing product ornamental or aesthetic features of a product Design Patent Industrial Design marketing identical or similar products under the same or a confusingly similar mark sign to distinguish a product/service Trademark infringe What Is Protected legal Protection
How Does IP System Work? -Continued Trade Secret government creator; based on agreement Copyrigth / Related Right Contractor Empyee: Inventor Empyr: Owner Patent government Empyr Empyr Design Patent Industrial Design Trademark work created for government Commissioned / contracted Employee- works made for hire Who Owns the Right Legal Means of Protection Moral Rt: creator Ecnomic Rt: Empyr;
IP – A Business Strategy for SMEs Business Strategy IP Strategy IP Creation IP Managing IP Leveraging Marketing Strategy Export Strategy x Strategy x Strategy I Strategy x Strategy x Strategy x Strategy U Strategy