Posts Tagged ‘protecting business ideas’

How To Choose A Patent Lawyer?

February 16th, 2010

Unlike most other fields of law where the necessity of a lawyer is felt only after an issue has come up, a patent lawyer is required even before any issue arises. The most crucial responsibilities of a patent lawyer are to guide the customer in obtaining the patent, advising him on steps to make sure of security of the patent, and representing his interests if infringement occurs.

The procedure of filing and acquiring the patent can be an arduous and time consuming one. That is why the necessity of a patents lawyer is felt so much. But, before you actually select and hire a lawyer, you must ascertain his experience in dealing with patents, and if he’ll be able to comprehend the creative work that you are patenting. For example, a lawyer who hails from a field like software, may not be very familiar with the patenting requirements for medical products.

The second factor that a creator has to consider while employing a patent lawyer is his past record of successes and failures with previously filed patents. If you can gather information about the number of patents that have been granted to customers of the lawyer then you will have a sufficient idea of his abilities. This process will tell you how good or efficient the lawyer is and this can determine the successful execution of your own patent filing as only a competent patent lawyer can well ensure the uniqueness of your work in the industry.

Of the number of upcoming lawyers in the field who deal with patents, it should be an easy task to identify one who is competent enough to deal with your needs and whose services are not too costly.

Moreover, you should also try to stay with the same lawyer right from the application stage to licensing and marketing of your product or idea, as this lawyer would be aware of the intricacies of your patent, and he or she will be much more effective in handling any legal problems that might arise at a later stage.

Discover more about trademarks and learn how does an patents protection increase the net worth of your business very fast.

Why Is Industrial Design Significant?

February 2nd, 2010

In this period of cut throat competition in the commercial world, the significance of industrial design has grown manifold in the last few years. When there are a lot of companies trying to draw the attention of customers, significant enhancements in the goods can play a crucial role in the firm’s success.

Firms now make use of every possible strategy to make their brands attractive to the buyers, which provides buyers a lot of options and it has become tougher to satisfy them. Therefore, a manufacturer will be at risk of falling behind if he can’t offer the customers with the most outstanding products in the industry. This has come to mean that industrial design is now an important factor for any firm that wants to do well in the industry.

Industrial design provides a company with a competitive edge over rivals in form of attractive designs and increased utility in the product, so that it caters to all the needs of the customer. It is also crucial as any innovative idea, which attracts a large number of customers will also provide the company with lasting popularity. Many firms have been able to come up with products that have been identified by a whole generation and have had a significant cultural effect on them.

Moreover, a firm that prioritizes industrial design always guarantees a superior quality of products to the consumers. Such products are the outcome of comprehensive research and are known by their sturdiness, utility and attractiveness, which result in greater customer satisfaction. Industrial design also allows the firm to come up with techniques to lower the cost of manufacturing making such changes in the product that lead to a leaner process for producing it.

A firm that is popular for launching new products or significantly improved versions of existing products is also likely to find it easier to work on an international stage in collaboration with international companies. Further, the fame of the company can be used to attract the best brains in the market as people want to be employed with companies that have a number of innovations to their credit.

Uncover more about Trademarks Singapore and Industrial design protection.

Necessity Of Trademark In The World Wide Web

January 23rd, 2010

Any discussion on the requirement of trademark laws for the internet always leads to the necessity of trademarks for domain names. A trademark becomes very important if your customers are going to recognize you and the goods or services that you offer by your domain name.

A domain name that is protected by trademark not only helps you to sue persons infringing your mark and using it as their personal mark but also protects you from being perceived as the owner of their website that might be making use of an exact or deceptively similar domain name as yours.

Getting a domain name registered should always be preceded by detailed research, in order to avoid any chance of trademark violation. The search must include a detailed study of marks that are very similar in appearance, pronunciation or even meaning to the name you have selected for your website. Get your mark registered only after ensuring that it will not give rise to any possible trademark violation claims.

For attaining this, it is advisable to hire the services of a cyber law attorney, who can guide you in cyber related trademark issues. This can go a long way in avoiding future disputes related to possible violation.

You must take into consideration the fact that the domain name you are intending to trademark should be more than an ordinary web address to bring people to your site. It should be an identity that differentiates your services from others.

Besides infringement of domain names, keyword infringement has emerged as a new menace in virtual domains, which means violation of real trademarks by their unauthorized use as keywords in advertisements on Yahoo, Google etc with an aim to confuse the consumers or to dilute the original trademark.

If the promotional ads help in boosting the sales of the trademark holder, it is not an infringement but the problem arises when the infringer starts making use of such ads for marketing his own goods for a commercial advantage.

Uncover more about Trademarks Singapore and Industrial design protection.

Types Of Intellectual Property

January 21st, 2010

The number of distinct types of legal monopolies over creations of mind, both artistic and commercial, and the corresponding fields of law is called Intellectual property (IP). Under intellectual property law, owners are granted particular sole rights to a variety of intangibles, such as musical, literary, and artistic works; ideas, discoveries, and inventions; and words, phrases, symbols, and designs. Copyrights, trademarks, patents and trade secrets are four main types of intellectual property.

Copyrights deal with safety of original creative works. They are used to secure the authorship of works like poems, songs, stories, films etc. They permit the users to exclusively use many forms of their creation in different mediums with sole legal authority over reproduction, adaptation, sale etc for a certain span of time. The owner has a claim over his creation for more than 50 years, which remains even after his demise and any unlawful use of the work within this time is actionable.

Patents on the other hand are legally defined rights that allow an inventor to check others from reproducing or marketing his or her invention. They can usually be applied to cases such as vital biological discoveries, scientific theories and technical inventions. In most nations, patent cover is available for a limited span of 20 years and the inventor loses his sole ownership over the invention following the end of this time span.

Trade secrets are undisclosed information that can be used by the company to stand out in the industry. A trade secret can be anything from a confidential report to the ingredients of a dish, or a database containing addresses and phone numbers of high profile clients. In most cases, trade secrets are issues pertaining to in house management of the company, which do not call for any type of government intervention. Two methods used most often to protect a trade secret are storing it in a bank locker or keeping it confined to a restricted number of officials, so that it is not within reach of many people and hence remains secure.

Trademarks are words, logos and designs that identify a specific brand or firm and separate it from the rival brands. Trademarks develop a unique brand identity for a company and trigger instant recall in the minds of customers. Generally, a registered trademark can get a renewal after a period of a decade.

Discover more about Trademark Registration Singapore and discover how does an Intellectual Property protection increase the net worth of your business very fast.

Understanding Different Types Of Intellectual Property

January 20th, 2010

Tangible assets like a house, jewellery, currency, investments, vehicles etc are not the only kinds of property that one can own and claim protection under the law. There are other kinds of property too which are recognized by law and protected within the legal framework and these are termed intellectual property, which can be secured against exploitation by others. There are three main types of property which come under this classification: patents, trademarks and copyrights.

Copyright is an intellectual property safeguard that is given by law to an author or any other kind of creator for an original composition or creation. It includes not just original writing pieces but also other types of artistic expression like melodies, videos, films etc. It bestows the owners with a number of rights including economic and moral rights besides the right of being known as the owner of the work.

Trademarks on the other hand are intellectual property that deals with protection given to certain text, graphical representations and other marks that distinguish the origin of one product from the other. With this legal provision, trademark is safeguarded from duplication by unscrupulous elements who wish to exploit established brands.

The third kind of intellectual property right, known as patent, safeguards the rights of inventors in their novel and beneficial invention. Patents are valid for a predetermined span within which the holder can enforce his exclusive right to sale and other commercial use of his invention.

There are some other intellectual property rights too which are less often registered and used. To cite some examples of these uncommon intellectual properties, they can be some special understanding carried forward by a particular family only; company secrets like recipes behind popular products; and location based symbols or marks to denote a product which comes from that place, like Champagne.

While all the three types of intellectual property discussed above are different from each other there are also some commonalities. Any of these are fully protected by the law and the rightful owner can take legal action to enforce his right and claim compensation for any violation.

Discover more about Trademark Registration Singapore and discover how does an Intellectual Property protection increase the net worth of your business very fast.

What Separates Patents From Trademarks And Copyrights?

December 2nd, 2009

Patents, copyrights and trademarks are various aspects of the same central idea. These are different kinds of intellectual property that ensure protection of property rights of individuals or companies. However, these three have some significant differences.

The main difference is that the nature of rights accorded by patents is for a physical or theoretical invention, while that provided by a copyright is for a creative document, or image envisaged by the author. On the other hand, trademark does not always have to be original, as it can be any word or logo that can identify an item or brand.

The next essential thing that distinguishes patents from others is the high standard of safety provided by it due to strict terms and conditions. In other words, regardless the fact that the offender did or did not know that he was violating the patent, he will be held responsible for the same. Hence, patents provide a lot more protection than other types of IPRs without any scope for exceptions like fair use and other such provisions.

The usual period for the validity of a patent is 20 years, which is followed by termination of the exclusive ownership rights of the owner. On the other hand, trademarks continue for an infinite time period while copyrights are valid for 60-70 years from the date of creation of that work. Further, patents can safeguard your intellectual property interests in a very stringent manner. Patents safeguard not only the final creation like copyrights do but they also safeguard the principles and mechanisms applied in a specific invention.

Lastly, the procedures for filing an application for these three legal mechanisms are also very different from each other. For example, the application for a patent has to have a proper disclosure of the product, whereas the one for copyright needs attaching a copy of the original work itself, and the one for trademark simply needs a proper check for similar marks that already exist.

Discover more about Trademark Registration Singapore and discover how does an Intellectual Property protection increase the net worth of your business very fast.

Things To Consider Before Filing A Suit For Infringement Of Your Patent

November 30th, 2009

Patents provide legal recognition to the right of an inventor to stop unscrupulous individuals from making use of his or her original invention for their own advantage. They provide the inventor the option to prosecute a person or a firm for deliberate infringement of his invention or its manufacturing process. However, there are a few aspects that have to be kept in mind before resorting to legal action against a patent infringement.

Firstly, you are needed to ensure that your patented product has been replicated literally. In other words, it should infringe all the major aspects of your patented product. It is only in exceptional cases that an infringement that is not strictly literal is treated as a genuine infringement of a patent. However, this needs strong evidence to the effect that there are enough similarities and that the final effect that the imitated product creates is notably similar to the original product.

Secondly, you ought to have some kind of legal interest in the patent in order to file a suit against the offender. You can either be the owner of the patent or a licensee – exclusive or partial – of the product to be able to file a suit for infringement. Further, in order to make sure that your suit is admitted for hearing, you need to file the suit within the time prescribed under the limitation laws of your government.

Though, you have an option of proceeding against the owner or even the user of the counterfeit product, you can take any such legal action only when the patent has not already expired. No unlawful use of the product can be considered a deliberate infringement after the lapse of the patent.

Finally, you should also remember that patents can play a role in scientific research without it being labelled as an act of infringement even though the patent law relies on the principle of strict liability.

Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.

How To Discourage Infringement Of Your Intellectual Property

November 29th, 2009

Any creation of the mind that has commercial value has to be protected from unscrupulous persons who might want to use it for their own benefit. Intellectual property rights offer legal recognition to your work or idea and prevent others from making use of it without permission. Here are some practical alternatives available to you to protect your intellectual property.

First and foremost, you should make sure that no one other than you has a comprehensive knowledge of the idea that needs to be safeguarded. You need to be very careful about the details of your idea, while discussing it with others, especially on unsecured mediums such as internet. You should also make sure that you are using a reliable email service protected by a tough password, especially when you are sharing your thoughts on your idea with colleagues or friends through it.

It is also advisable to have the basic understanding of laws dealing with intellectual property. This legal understanding will help you safeguard your intellectual property through proper policies and provide protection to your idea against any case of infringement. One such instance is when you engage an external party to develop your idea. You should legally bind them to not disclose or use the provided information for any other purpose. One way of ensuring confidentiality is by asking all the associated persons to sign non-disclosure agreement, so that you can take recourse to legal action if needed.

It is always recommended to consult a lawyer, who can figure out specific provisions of law for protecting your rights. The related laws can many times be very complex and it is advisable to depend on an intellectual property lawyer for dealing with such matters. The lawyer will then make recommendations on the ways of patenting or copyrighting your work, so that no one can violate it.

You must also remember that the most appropriate time to approach an IP lawyer and apply for patent or copyright is when your idea is in the initial stages. Filing an early patent or copyright can save you from a lot of trouble in future.

Discover more about Trademark Registration Singapore and discover how does an Intellectual Property protection increase the net worth of your business very fast.