This document summarizes a presentation on identifying and transferring intellectual property (IP) ownership. It covers original ownership of patents, trademarks, copyrights and "inventor's rights," as well as how ownership can be transferred through assignment, licensing, inheritance, or bankruptcy. It also discusses issues like joint ownership, recording transfers, securing rights, enforcing rights, and ownership of future yet-to-be-created IP rights. The presentation aims to provide an introduction to IP rights and ownership as well as tips for rights-transfer contracts and tracking details of potential IP.
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
The document discusses intellectual property rights and patenting processes. It provides information on different types of intellectual property including patents, designs, trademarks, and copyrights. It describes the patent application process in India, including requirements for filing a patent application, contents of a patent application, and the patent granting procedure. Key requirements for patentability discussed are that an invention must be new, non-obvious, and capable of industrial application.
The document discusses copyright and related rights. It covers the basics of copyright including definitions, requirements for protection, economic rights, and moral rights. It also discusses related rights for performers, producers, and broadcasters. The scope of copyright protection includes original literary, musical, dramatic and artistic works fixed in a tangible form. Ideas, facts, names, and government works are not protected. Ownership of copyright for commissioned works, works made by employees, and joint works is also addressed. The standard copyright term is the life of the author plus 50 years. Infringement and commercializing works is also briefly discussed.
This document discusses copyright law in India. It defines copyright as the exclusive legal right given to creators for their original works. In India, the Copyright Act of 1957 protects literary, dramatic, musical and artistic works, films, sound recordings, photographs and computer-generated works. Copyright provides economic rights like reproduction and distribution, and moral rights of attribution and integrity. Infringement of copyright through unauthorized copying is a civil and criminal offense. Fair use and other limitations balance copyright protections with public interests.
The document discusses various forms of intellectual property including trademarks, patents, copyrights, and fair use. It provides details on what each type protects, the requirements and process for obtaining patents, rights under copyright, benefits and limitations of patents and copyrights, and factors considered for fair use of copyrighted works.
The document discusses Philippine copyright law, which is established in the Intellectual Property Code of the Philippines (Republic Act No. 8293). It protects copyrights, patents, trademarks and other forms of intellectual property. The law is enforced by the Intellectual Property Office and its branches, and violations can result in penalties like fines, seizures, or censorship. The Bureau of Legal Affairs has the power to address copyright infringement cases and impose penalties through cease and desist orders, voluntary compliance, or administrative fines.
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
The document discusses intellectual property rights and patenting processes. It provides information on different types of intellectual property including patents, designs, trademarks, and copyrights. It describes the patent application process in India, including requirements for filing a patent application, contents of a patent application, and the patent granting procedure. Key requirements for patentability discussed are that an invention must be new, non-obvious, and capable of industrial application.
The document discusses copyright and related rights. It covers the basics of copyright including definitions, requirements for protection, economic rights, and moral rights. It also discusses related rights for performers, producers, and broadcasters. The scope of copyright protection includes original literary, musical, dramatic and artistic works fixed in a tangible form. Ideas, facts, names, and government works are not protected. Ownership of copyright for commissioned works, works made by employees, and joint works is also addressed. The standard copyright term is the life of the author plus 50 years. Infringement and commercializing works is also briefly discussed.
This document discusses copyright law in India. It defines copyright as the exclusive legal right given to creators for their original works. In India, the Copyright Act of 1957 protects literary, dramatic, musical and artistic works, films, sound recordings, photographs and computer-generated works. Copyright provides economic rights like reproduction and distribution, and moral rights of attribution and integrity. Infringement of copyright through unauthorized copying is a civil and criminal offense. Fair use and other limitations balance copyright protections with public interests.
The document discusses various forms of intellectual property including trademarks, patents, copyrights, and fair use. It provides details on what each type protects, the requirements and process for obtaining patents, rights under copyright, benefits and limitations of patents and copyrights, and factors considered for fair use of copyrighted works.
The document discusses Philippine copyright law, which is established in the Intellectual Property Code of the Philippines (Republic Act No. 8293). It protects copyrights, patents, trademarks and other forms of intellectual property. The law is enforced by the Intellectual Property Office and its branches, and violations can result in penalties like fines, seizures, or censorship. The Bureau of Legal Affairs has the power to address copyright infringement cases and impose penalties through cease and desist orders, voluntary compliance, or administrative fines.
This document provides an overview of intellectual property rights, specifically copyright, under Philippine law. It defines key copyright terms and concepts, outlines copyright ownership rules and economic rights, and discusses limitations and exceptions such as fair use. Copyright protection generally lasts for the life of the author plus 50 years, or longer for certain works. The document also briefly touches on related topics like moral rights, assignment of copyrights, and international treaties governing intellectual property.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
This document discusses copyright law and the concept of fair use. It provides an overview of basics of copyright, exceptions to copyright including fair use, and analyzes factors considered in a fair use determination. It also discusses fair use under Indian law and summarizes two relevant copyright infringement cases from Indian courts dealing with fair use and parody.
Copyright law protects original creative works and gives the creator exclusive rights over the reproduction and distribution of their work. It aims to provide financial incentive for creating new works by allowing creators to profit from what they make. While copyright protects against direct copying, the fair use doctrine allows limited use without permission for purposes like commentary, criticism and education. Educational fair use guidelines provide standards for permissible copying of copyrighted materials for classroom use. Violating copyright by distributing a work without permission could result in civil penalties or criminal prosecution.
This document discusses various topics related to copyright and author rights, including:
- ICAR allows free reproduction of its material with proper attribution and permission.
- The phrase "all rights reserved" indicates that the copyright holder retains all rights provided by copyright law.
- Works in the public domain are not covered by intellectual property rights or the rights have expired.
- India's copyright term is life of the author plus 60 years or 60 years from publication for certain works.
- Copyleft uses copyright law to require any modified versions of a work to be freely distributed as well.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
The document summarizes key aspects of copyright law in India according to the Copyright Act of 1957. It defines copyright as exclusive rights granted to creators of original works, including rights of reproduction, communication to the public, and adaptation. Copyright protects literary, dramatic, musical, artistic works as well as films and sound recordings. The rights include reproduction, distribution, public performance, and translation of works. Registration with the Copyright Office is not required but serves as evidence in court. Copyright generally lasts for 60 years after the creator's death. Common infringements include unauthorized copying, distribution, and importation of copyrighted works. Certain exemptions apply such as for research, teaching, and criticism.
Copyright Law, Fair Use, Creative Commons, And The Public Domainaamarie
Presentation created for "Creating Technology-Rich Curricula" course. Explains Copyright Law, Fair Use, Fair Use in an educational context, Creative Commons Licensing, and the Public Domain.
Plenary Paper delivered at the 12th Congress of Southeast Asian Librarians on Information Resources Empowerment: Enhancing Knowledge Heritage, held at the International Convention Center, Berakas, Brunei Darussalam, 2003 Oct 19
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
This document summarizes a lecture on copyright law and piracy delivered by Deji Olatoye. It defines intellectual property and copyright, outlining the types of works protected by copyright law in Nigeria. It describes the exclusive rights granted to copyright holders, including reproduction, distribution, and adaptation rights. It also discusses copyright infringement, remedies available under statutory and common law, and issues regarding information management. The document is intended to provide an overview of key concepts in Nigerian copyright law.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Copyright is a form of legal protection for original creative works that provides the author/creator exclusive rights over the use of their work. Copyright law protects both published and unpublished works, including literary works, dramatic works, musical works, artistic works, and others. Copyright protection begins automatically at the time of creation and grants the author/creator the exclusive rights to copy, distribute, publicly perform or display their work. A patent provides similar exclusive rights to an inventor for a limited time period in exchange for publicly disclosing their invention. Patent law regulates the granting and enforcement of patent rights for novel, useful, and non-obvious inventions or discoveries.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
Fair dealing under copyright law indian perspectivesujit3773
This document discusses copyright law in India. It provides background on the origins and evolution of copyright law. Some key points:
- Copyright emerged with the invention of printing to protect literary works from unauthorized duplication. Early systems involved royal privileges and statutes like the Statute of Anne in 1709.
- The Copyright Act of 1957 established copyright law in India and has been amended several times, including in 2012 to address digital issues and comply with international agreements.
- Copyright in India protects original literary, dramatic, musical, artistic works as well as films, sound recordings, and more. Protection lasts for the lifetime of the author plus 60 years.
Indian Patent Law: Patentability RequirementsLipika Sahoo
The document discusses Indian patent law and the requirements for patentability in India. It notes that India follows a first-to-file system. The key requirements for an invention to be patentable are that it must have patentable subject matter, utility, novelty, non-obviousness, and be adequately described in the specification. It lists exclusions such as methods of agriculture or medicine that cannot be patented. The document also outlines the patent filing procedure and timeline in India.
Copyright refers to laws that regulate the use, copying, distribution, alteration and display of creative works like art, literature and other media. Unless otherwise stated, the creator retains the copyright. For copyright to apply, the work must be an original idea expressed physically, like an illustration or novel. Breaking copyright law can result in fines, loss of property, freedom or employment, especially if attempting to profit from another's work without permission. Penalties increase based on scale of violation and monetary gain. To use a copyrighted work like a song, permission is required from the copyright holder like Warner Music Group.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
The document discusses intellectual property licensing. It defines licensing as an agreement where the IP owner (licensor) allows another person (licensee) limited use of the IP. There are different types of licensing including exclusive, sole, and non-exclusive. Developing an effective licensing strategy involves protecting the IP, finding the right licensee, assessing foreign markets, and negotiating a fair contract covering compensation, territory, conditions, and more. Franchising is also discussed as a type of licensing where the franchisor's business system is licensed in exchange for fees.
Pricing Intellectual Proper Litigation Risk In IP Transactionsbrucelb
This document discusses pricing intellectual property (IP) litigation risk in transactions. It proposes a quantitative, business-focused approach using decision analysis and risk valuation. As an example, it examines how much a contract electronics manufacturer should charge customers to account for IP litigation risk when taking on more design responsibilities. Key factors in evaluating IP litigation risk from different potential plaintiffs are identified and base case estimates are provided for a specific product area. Developing sensitivity analyses on input variables can show their relative impact on expected risk values.
This document provides an overview of intellectual property rights, specifically copyright, under Philippine law. It defines key copyright terms and concepts, outlines copyright ownership rules and economic rights, and discusses limitations and exceptions such as fair use. Copyright protection generally lasts for the life of the author plus 50 years, or longer for certain works. The document also briefly touches on related topics like moral rights, assignment of copyrights, and international treaties governing intellectual property.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
This document discusses copyright law and the concept of fair use. It provides an overview of basics of copyright, exceptions to copyright including fair use, and analyzes factors considered in a fair use determination. It also discusses fair use under Indian law and summarizes two relevant copyright infringement cases from Indian courts dealing with fair use and parody.
Copyright law protects original creative works and gives the creator exclusive rights over the reproduction and distribution of their work. It aims to provide financial incentive for creating new works by allowing creators to profit from what they make. While copyright protects against direct copying, the fair use doctrine allows limited use without permission for purposes like commentary, criticism and education. Educational fair use guidelines provide standards for permissible copying of copyrighted materials for classroom use. Violating copyright by distributing a work without permission could result in civil penalties or criminal prosecution.
This document discusses various topics related to copyright and author rights, including:
- ICAR allows free reproduction of its material with proper attribution and permission.
- The phrase "all rights reserved" indicates that the copyright holder retains all rights provided by copyright law.
- Works in the public domain are not covered by intellectual property rights or the rights have expired.
- India's copyright term is life of the author plus 60 years or 60 years from publication for certain works.
- Copyleft uses copyright law to require any modified versions of a work to be freely distributed as well.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
The document summarizes key aspects of copyright law in India according to the Copyright Act of 1957. It defines copyright as exclusive rights granted to creators of original works, including rights of reproduction, communication to the public, and adaptation. Copyright protects literary, dramatic, musical, artistic works as well as films and sound recordings. The rights include reproduction, distribution, public performance, and translation of works. Registration with the Copyright Office is not required but serves as evidence in court. Copyright generally lasts for 60 years after the creator's death. Common infringements include unauthorized copying, distribution, and importation of copyrighted works. Certain exemptions apply such as for research, teaching, and criticism.
Copyright Law, Fair Use, Creative Commons, And The Public Domainaamarie
Presentation created for "Creating Technology-Rich Curricula" course. Explains Copyright Law, Fair Use, Fair Use in an educational context, Creative Commons Licensing, and the Public Domain.
Plenary Paper delivered at the 12th Congress of Southeast Asian Librarians on Information Resources Empowerment: Enhancing Knowledge Heritage, held at the International Convention Center, Berakas, Brunei Darussalam, 2003 Oct 19
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
This document summarizes a lecture on copyright law and piracy delivered by Deji Olatoye. It defines intellectual property and copyright, outlining the types of works protected by copyright law in Nigeria. It describes the exclusive rights granted to copyright holders, including reproduction, distribution, and adaptation rights. It also discusses copyright infringement, remedies available under statutory and common law, and issues regarding information management. The document is intended to provide an overview of key concepts in Nigerian copyright law.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
Copyright is a form of legal protection for original creative works that provides the author/creator exclusive rights over the use of their work. Copyright law protects both published and unpublished works, including literary works, dramatic works, musical works, artistic works, and others. Copyright protection begins automatically at the time of creation and grants the author/creator the exclusive rights to copy, distribute, publicly perform or display their work. A patent provides similar exclusive rights to an inventor for a limited time period in exchange for publicly disclosing their invention. Patent law regulates the granting and enforcement of patent rights for novel, useful, and non-obvious inventions or discoveries.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
Fair dealing under copyright law indian perspectivesujit3773
This document discusses copyright law in India. It provides background on the origins and evolution of copyright law. Some key points:
- Copyright emerged with the invention of printing to protect literary works from unauthorized duplication. Early systems involved royal privileges and statutes like the Statute of Anne in 1709.
- The Copyright Act of 1957 established copyright law in India and has been amended several times, including in 2012 to address digital issues and comply with international agreements.
- Copyright in India protects original literary, dramatic, musical, artistic works as well as films, sound recordings, and more. Protection lasts for the lifetime of the author plus 60 years.
Indian Patent Law: Patentability RequirementsLipika Sahoo
The document discusses Indian patent law and the requirements for patentability in India. It notes that India follows a first-to-file system. The key requirements for an invention to be patentable are that it must have patentable subject matter, utility, novelty, non-obviousness, and be adequately described in the specification. It lists exclusions such as methods of agriculture or medicine that cannot be patented. The document also outlines the patent filing procedure and timeline in India.
Copyright refers to laws that regulate the use, copying, distribution, alteration and display of creative works like art, literature and other media. Unless otherwise stated, the creator retains the copyright. For copyright to apply, the work must be an original idea expressed physically, like an illustration or novel. Breaking copyright law can result in fines, loss of property, freedom or employment, especially if attempting to profit from another's work without permission. Penalties increase based on scale of violation and monetary gain. To use a copyrighted work like a song, permission is required from the copyright holder like Warner Music Group.
The document discusses key aspects of copyright law in India, including what constitutes copyright, subject matter covered, introduction and history of copyright acts in India, rights of copyright holders, term of copyright, registration process, remedies for infringement, and roles of the Copyright Office and Copyright Board. It provides definitions for literary works, artistic works, sound recordings and more. The copyright act aims to encourage creation by protecting author's rights and preventing misuse of copyrights.
The document discusses intellectual property licensing. It defines licensing as an agreement where the IP owner (licensor) allows another person (licensee) limited use of the IP. There are different types of licensing including exclusive, sole, and non-exclusive. Developing an effective licensing strategy involves protecting the IP, finding the right licensee, assessing foreign markets, and negotiating a fair contract covering compensation, territory, conditions, and more. Franchising is also discussed as a type of licensing where the franchisor's business system is licensed in exchange for fees.
Pricing Intellectual Proper Litigation Risk In IP Transactionsbrucelb
This document discusses pricing intellectual property (IP) litigation risk in transactions. It proposes a quantitative, business-focused approach using decision analysis and risk valuation. As an example, it examines how much a contract electronics manufacturer should charge customers to account for IP litigation risk when taking on more design responsibilities. Key factors in evaluating IP litigation risk from different potential plaintiffs are identified and base case estimates are provided for a specific product area. Developing sensitivity analyses on input variables can show their relative impact on expected risk values.
This document discusses key components of intellectual property (IP) valuation including:
- Fields of use, which are specific applications that each IP asset must be valued for separately
- Present discounted value, which accounts for the time value of money and risks to calculate the current value of future profit streams
- Discount rates and factors that decrease further into the future and with more risk
- Methods for determining profit including cost-based, market-based, and analyzing the present discounted value of future profit streams under various factors
- Allocating profit between licensors and licensees, which considers up-front payments, milestones, royalties, and risk sharing
- Maximizing IP value by capturing all fields of use
Fundamentals of IP and Licensing
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The document discusses common issues that arise when drafting and negotiating intellectual property (IP) license agreements. It addresses key terms that should be addressed in the license grant, including the parties, subject matter, scope of rights, territory, term, exclusivity, improvements, and assignment. Care must be taken to clearly and specifically define the rights being licensed to avoid ambiguity and conflict.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyrights and related terms. Some key points:
- Intellectual property refers to creations of the human mind like inventions, literary works, designs etc. It is protected by patents, copyrights and trademarks which give creators exclusive rights over their creations for a limited time.
- Patents protect inventions and give patent owners exclusive rights to prevent others from commercially exploiting a patented invention without permission. Patents are granted for 20 years and must meet criteria of novelty, inventive step and industrial application.
- Trademarks protect distinctive signs, names or symbols that distinguish goods/services of one enterprise from others. They are registered for 10
This document defines and describes various types of intellectual property including patents, copyrights, trademarks, trade names, and trade secrets. Patents protect inventions and designs for a limited time, copyrights protect original creative works, and trademarks protect brands, logos, and names to prevent consumer confusion. International agreements provide protections across borders. Proper registration and legal standards govern ownership and prevent infringement of intellectual property rights.
What is the procedure for registering a copyright.pptxPrashantkalyan2
The person who has obtained rights to the original work as well as the work's creator may register for the copyright. Anyone who asserts to have acquired ownership rights from the original work's creator or a representative who has been given permission to act on their behalf can register for a copyright. If two people collaborated to create a piece of work, the copyright belongs to both of them unless the parties involved specify otherwise.
Patent Law in 2014: Act fast or get left behindsteve_ritchey
A presentation on patent law fundamentals, the changes caused resulting from the America Invents Act, other topical patent law issues such as new developments on patentable subject matter, appellate review of claim constructions, and best practices
Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application.
a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else.
b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document.
c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION:
1. (Form 1) Application form for the grant of patent in India.
2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate.
3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate.
4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller
5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention
ADVANTAGES OF REGISTERING A PATENT
1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent.
2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization.
3. In support of the current legislation, the patent holder can thereby defend his patent rights.
a) Like other types of property, patents can be bought, sold, or licensed.
b) Ownership of the patent may also be transferred by the inventor.
c) A patented product enhances brand recognition and can allow the company to charge more.
d) With exclusive patent rights, the inventor has long-term control over how the innovation is used.
e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing.
TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment.
COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.
1. Intellectual property such as patents, trademarks, copyrights, and trade secrets are important assets for entrepreneurs to understand and protect. Hiring a lawyer can help navigate intellectual property issues.
2. There are several types of patents including utility patents, design patents, plant patents, and international patents. Patents protect inventions for a specified period of time.
3. Trademarks identify the source of goods and services and can be registered with the Patent and Trademark Office to gain legal protections for 20-year renewable terms.
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
The document provides information about intellectual property rights. It discusses that WIPO was established in 1967 and is a UN agency focused on promoting IP protection worldwide. On World IP Day, WIPO's focus is on promoting visionary innovation. There are law firms around the world that help with IP protection. IP includes literary/artistic works protected by copyright and industrial property protected by patents, trademarks, etc. The document outlines the major IP laws and rights in India like the Copyright Act, Patents Act, and Trademarks Act. It also discusses what constitutes infringement of these different IP rights and actions that can be taken for infringement.
A license from a patentee which confers on the licensee the right to exclude all other, including the patentee, from making, using or vending the patented invention or process.
An exclusive license supports monopoly of businesses in the longer run by giving exclusive rights to manufacture and sell the patented product to the licensee. The patentee loses rights to independently manufacture and sell during the license period.
Patent litigation refers to legal actions taken to protect patents from infringement. When a patent is infringed, the patent holder can sue the infringing party in court. There are different types of patent infringement, including direct infringement which involves making, using, or selling a patented invention without permission. Indirect infringement includes contributory infringement, where a third party provides components for infringing products, and induced infringement, where a party aids infringement through instructions or licensing. In court, parties present evidence and the defendant can argue defenses like patent invalidity or non-infringement. If the defendant is found to have infringed, they may be ordered to pay damages or have an injunction against further infringement.
The document discusses intellectual property rights (IPR) and provides an overview of different types of IPR including copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information. It describes the rationale for IPR as encouraging creative works and innovation through limited-time economic incentives. Balancing individual rights with societal access is also discussed.
To understand the basic of intellectual property rights like Patents, Trademarks, Copyrights and related rights, Geographical Indications, Industrial Designs,Trade Secrets, Layout Design for Integrated Circuits, Protection of New Plant Variety. by the way of that to understand how to protect this property and use in business
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
The document discusses the Indian Patent Act of 1970 and the process for obtaining a patent in India. It provides background on intellectual property rights and patents. It then outlines the key stages of filing a patent application in India, including formality check, publication, request for examination, examination and issuance of an examination report, response from applicant, pre-grant opposition, and final grant of the patent. It also discusses different types of patent applications under Indian law such as provisional, ordinary, convention, and divisional applications.
Georgetown Univ. Law Center Conference: Post-Grant Patent Proceedings: Are th...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Statistics on Post-Grant Proceedings
- Rule Changes for Post-Grant Proceedings
- IPR as Part of a Litigation Strategy
- Patent Owner’s Strategy in an IPR
- IPR Termination
The document discusses patents, copyrights, and trademarks. It covers what patents, copyrights, and trademarks are, how to obtain them, requirements for protection, infringement issues, and international considerations. Key points include patents providing temporary monopoly for inventions, copyright protecting original creative works, and trademarks identifying business sources and brands. The document also notes limitations and exceptions for protection.
Similar to IP Transactions: Identifying & Transferring Ownership (20)
This document discusses trademarks and how to select and protect them. It notes that trademark rights are based on use of a mark and registration impacts the scope of use protection. Stronger marks like fanciful or arbitrary marks have the strongest rights due to inherent distinctiveness, while descriptive or surname marks only gain rights through secondary meaning. Proper selection, clearance searches, use and registration of a mark can help establish and maintain enforceable trademark rights for a business.
This document summarizes key aspects of copyright registration in the United States. It explains that a copyright exists as soon as a work is fixed in a tangible form, but registration provides additional benefits like establishing presumption of validity and eligibility for statutory damages in infringement cases. The registration process generally involves completing an application online or in paper, paying a fee, and submitting a copy of the work. Works can be registered as "other digital content" including computer programs, websites, and apps. Software registration typically requires submitting identifying portions of source code.
The document summarizes information about intellectual property protection for a hypothetical startup called Widget 2.0. It discusses the inventors developing a new improved widget and starting a partnership without employees. It then provides an overview of patent, trademark, and copyright protection and costs for Widget 2.0 to consider, including filing a provisional patent application, conducting trademark searches, and obtaining copyright assignments from designers. Budget options ranging from $500 to $15,000 are presented.
.COM and .NET, meet .ANYTHING - Introducing the New Generic Top-Level Domain ...Elizabeth Schierman
ICANN stands ready to accept applications for new generic Top-Level Domains in January 2012. The New gTLD Program brings with it rights protection mechanisms that may be of use to trademark holders seeking to protect their rights.
Notable Differences Between the Rules of Civil Procedure in Idaho\'s State an...Elizabeth Schierman
Discussing the most common differences in the rules of civil litigation practice between Idaho\'s state and federal court systems.
CORRECTION: The citation on the last slide should read:
Elizabeth Herbst Schierman & Katie Ball, Civil Procedure in Idaho: An Examination of Some Differences Between the Rules of Procedure of
The Idaho State and Federal Courts, Idaho L. Rev. 46 (2009)
Notable Differences Between the Rules of Civil Procedure in Idaho\'s State an...
IP Transactions: Identifying & Transferring Ownership
1. IP Transactions: Identifying & Transferring Ownership April 6, 2011 Elizabeth Herbst Schierman US Patent Attorney schierman@dykaslaw.com CLE Presentation Sponsored by the Intellectual Property Law Section of the Idaho State Bar
2. Topics Covered Intro to IP Rights The bundle of rights for Patent, Trademark, & Copyright Original Ownership Determining ownership at creation Transferring Ownership Assignment vs. License Common IP Ownership Concerns
3. Disclaimers Law addressed is U.S. Patent/Trademark/Copyright Law Trademark law discussed is focused on federal law Focusing on registration Consult a Estate/Bankruptcy/Tax Attorney
4. Intro to IP Rights Copyright Rights: Reproduction Adaptation to create derivative works Distribution of copies by sale, rental, lease, lending Performance / Display Moral Rights (for Visual Art) Attribution Integrity
5. Intro to IP Rights Creation: Original work of authorship fixed in tangible form Term (for work created Jan. 1, 1978, or later): Generally: Life of last surviving author + 70 years (Dec. 31st) Work Made for Hire: Earlier of 120 years after creation & 95 years after publication (Dec. 31st)
6. Intro to IP Rights Rights: Right to exclude, within the area**, junior users from adopting/using marks likely to cause confusion **Area for federally-registered mark = Nationwide **Area for state-registered mark = Statewide **Area for common law mark = “Geographic” area in which mark used
7. Intro to IP Rights Creation: Use in commerce Must be distinctive, i.e., capable of distinguishing the goods/services upon which it is used from good/services of others Term: Common Law: Until earlier of abandonment or loss of distinctiveness Federal Registration: 10 Years, renewable in 10-year increments with declaration of use
8. Intro to IP Rights “Inventor’s Rights” a.k.a. prospective patent rights Ability to: File application for patent Transfer right, title, & interest Does NOTinclude right to exclude others from practicing invention
9. Intro to IP Rights Creation: Invention = Conception + Reduction to Practice Term: Until earliest of Abandonment Passage of statutory bar to patentability Transfer of rights Issuance of patent
10. Intro to IP Rights Patent Rights: Exclude others from Making, Using, Selling, Offering for sale, and Importing the Claimedinvention in the United States
11. Intro to IP Rights Creation: Issuance of Patent Term: Utility Patent: 20 Years from first filing date, if maintenance fees paid Design Patent: 14 Years from issuance
12. Original Ownership Original Owner(s) of Copyright Generally: Author(s) is/are Owner(s) Author(s) = Creator(s) of the original expression in the work Work Made for Hire = Employer is Owner (1) Prepared by employee w/i scope of employment; or (2) Express written agreement & w/i specific categories of work
14. Original Ownership Original Owner(s) of “Inventor’s Rights” Individual(s)who conceived of the invention Depends upon claims in application/patent
15. Original Ownership Original Owner(s) of Patent Rights Holder(s) of right, title, and interest in invention/patent application at time of issuance of patent May or may not be indicated on face of patent
16. Transferring Ownership Assignment Transfer of ownership (right to exclude) License Waiver of right to sue Inheritance Bequeathal in will Intestate succession Operation of Law Bankruptcy
17. Transferring Ownership Transferrable in whole or in part by Assignment/Grant ** License** Operation of Law Inheritance Bequeathal Intestate Succession ** Subject to Termination – 17 USC § 203
18. Transferring Ownership Rights NOT Transferrable Moral Rights May be waived, expressly, in writing Copyright transfer termination right Cannot be waived Cannot be contracted away
19. Transferring Ownership Assignment - Only with good will Fed. TM App or Reg.: in writing, duly executed License TM Owner must exercise quality control or the license may constitute forfeiture of rights Inheritance – with good will Bankruptcy – Treated differently than other IP
20. Transferring Ownership Rights NOT Transferrable Trademark rights without good will Intent-To-Use Federal TM Application: Not assignable, except to successor business
21. Transferring Ownership Assignment: Gives assignee Power to take action / Prosecute application (with other rights holders) Right to have issuing patent issued to it Must be in writing Must include assignor’s entire ownership interest or a percentage thereof Bundle of rights must stick together!
22. Transferring Ownership License: Licensee may receive ??? Assurance of license to hoped-for patent rights Know-how May be limited as to time, geographical, area, field of use, etc.
23. Transferring Ownership Inheritable, to an extent: Legal representatives of deceased or incapacitated inventor may make application for patent Executor or Administrator (But Intestate – Heirs of Inventor) Bankruptcy – At least “patent pending” Pre-Filing: ? (consult a bankruptcy att’y)
27. Common Issue 1: - Joint Ownership Joint Authors Co-Owners / Tenants-In-Common Each has independent right to exercise or license copyright rights Must account to co-owners for profit earned from licensing or use
28. Common Issue 1: - Joint Ownership Joint Owners of Trademark Rare and risky! Co-owners with structure to assure joint quality control of goods/services No right to exploit mark or transfer rights (assign or license) without consent of joint owner(s)
29. Common Issue 1: - Joint Ownership Better alternatives (maybe): Jointly-operated entity owns trademark One entity owns, licenses to other entity Related Joint Users: Mark used by related companies inures to benefit of Registrant or Applicant for registration
30. Common Issue 1: - Joint Ownership Co-inventors: All who contributed to conception Requires: Some quantum of collaboration or connection b/w inventors Not a co-inventor: One who suggests result to accomplish, but not means to accomplish result
31. Common Issue 1: - Joint Ownership Any & all co-inventors must be identified in application Unavailable Joint Inventor: All available joint inventors can file if joint inventor Cannot be found or reached after diligent effort; or Refuses to join in an application
32. Common Issue 1: - Joint Ownership Joint Patent Holders: Inventor(s) not having assigned rights Assignee(s) In absence of agreement to the contrary, each joint owner of patent may Exercise patent rights, Without consent of, and Without account to co-owners
33. Common Issue 2: - Recording Transfer Recordable in the Copyright Office: Transfer of copyright ownership Other document pertaining to copyright Requirements: Actual signature of executor or sworn/official certification of true copy Fee Constructive notice
34. Common Issue 2: - Recording Transfer Original applicant presumed to be owner of TM App or Reg unless there is an assignment Recordable in the US Pat & TM Office: Assignments Other document affecting title (licenses, security interests, etc.) Assignment void against subsequent good faith purchaser, unless assignment recorded
35. Common Issue 2: - Recording Transfer Inventor(s) presumed to be owner of application and resulting patent unless there is an assignment Recordable in the US Pat & TM Office: Assignment Other document affecting title (licenses, security interests, etc.)
36. Common Issue 2: - Recording Transfer Recording necessary for Assignee to take action Assignee to be issued patent Assignment void against subsequent good faith purchaser, unless recorded
37. Common Issue 2: - Recording Transfer Child Apps w/ No New Material Types: Continuation Divisional Nonprovisional from provisional Assignment need not be re-recorded Re-recording needed for USPTO’s records to reflect the assignment
38. Common Issue 2: - Recording Transfer Child Apps w/ New Material Types: Continuation-in-Part Nonprovisional from provisional New assignment needed for execution and recording
39. Common Issue 3: - Securing Rights Standing to File Application: Owner of copyright or any exclusive right in the work, i.e., Author Copyright claimant Owner of exclusive right(s) Duly authorized agent of such author, other copyright claimant, or owner of exclusive rights
40. Common Issue 3: - Securing Rights 1(a) Application – In Use Owner of trademark used in commerce 1(b) Application – Intent-to-Use Person with bona fide intention to use trademark in commerce
41. Common Issue 3: - Securing Rights Inventor(s) is/are initial applicant(s) Assignee may be identified at filing All owners must act together Licensee does not have power to take action
42. Common Issue 3: - Securing Rights Duty of Candor: All involved in filing or prosecution Must disclose info material to patentability Small Entity Status For-profit: No more than 500 employees Nonprofit: Depends on type No rights, existing or promised, to non-small entity
43. Common Issue 4: - Enforcing Rights Prerequisite to Bringing Suit: Registration or Preregistration (Works Originating in the US) Standing to Sue: Legal or beneficial owner of exclusive right Other person having/claiming interest: May be Joined Shall be allowed to Intervene
44. Common Issue 4: - Enforcing Rights Standing to Sue – Lanham Act Sect. 43(a)(1) “[a]ny person who believes that he or she is likely to be damaged” Trademark Owner(s) / Assignee(s) Licensee(s), exclusive and non-exclusive (Depending on terms of license) Evidence of reasonable likelihood of suffered competitive or commercial injury
45. Common Issue 4: - Enforcing Rights Standing to Sue – Lanham Act Sect. 32(1) “registrant” Registrant Exclusive licensee with rights tantamount to assignment (depending on court) Notnon-exclusive licensee
46. Common Issue 4: - Enforcing Rights Prerequisite to Bringing Suit: Issued Patent!!! Standing to Sue: Definitely: (All) Owner(s) Patent Owner(s) Exclusive licensee w/ “all substantial rights” Possibly: Exclusive licensee w/ < “all substantial rights” No standing: Non-exclusive licensee
47. Common Issue 5: - Not-Yet-Created Rights Original ownership of future rights indeterminable prior to creation “agreement to assign” or “will be assigned” Vests only equitable rights in IP Does not vest legal title “Hereby assigns and agrees to assign all right, title, and interest . . . “ Should prevent future original owner from otherwise transferring rights
48. Take-Away Tips Rights-Transfer Contracts: Investigate original ownership & Conduct title search Clarify rights &limitations Ownership of modifications Responsibility for securing rights Standing to enforce rights
49.
50. QUESTIONS ? Elizabeth Herbst Schierman US Patent Attorney Boise, Idaho www.linkedin.com/in/EHSchierman