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As it relates to IP, the overriding principle is that its creator, developer or inventor is the owner. While IP can take many forms, this article will focus on issues surrounding copyrights, trademarks, patents and trade secrets.
Guide to Intellectual Property: What is the Patent Process? Determine what type of intellectual property (IP) protection you'll need. ... Evaluate whether your invention in patentable. ... Establish what type of patent applies to your invention. ... Prepare to apply. ... Complete and submit your initial application.
Document Your Concepts and Original Content in Detail Have detailed drawings, descriptions, plans and records that can prove you came up with and have been working on your intellectual property. This type of proof will help in case someone challenges you as the rightful owner of your trademarks and copyrights.
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
Protection of IP is handled under copyright and patent laws. The rights to intellectual property may be bought and sold using binding contracts. There is typically a trail of documentation to help establish who owns the IP. IP rights can also be established during the creating of the work.
To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.
Documentation Works such as your client database, software, manuals etc are all copyright works. We recommend keeping an IP register to not only record what IP your business has, but also the dates your IP works were created.
Third-party intellectual property is when you have personally infringed on someone else's intellectual property and must now defend yourself against allegations or lawsuits. In other words, third-party IP is defensive while first-party IP is offensive.