Among others, what you cannot file as a patent are:
– Discoveries.
– Scientific theories.
– Math methods.
– Biological proceedings.
– Plans or methods.
– Computer programs.
– Similar creations that already exist.
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An idea alone is not protectable. It represents an abstract until you actually do something, whether it is a creation, app, book, or design a business with it.
After you decide what to do with that idea, we can analyze in which category it falls. We might be talking about trademarks, copyrights, patents, designs, etc.
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Across Intellectual Property Offices worldwide, there are different laws that will allow that you you’re your application without an attorney. However, if any issue arises, you will definitely need one, why? Keep reading!
Attorneys educate clients: You are paying for a service, and therefore your attorney will explain anything you need and provide the best advice.
Trademark scams: If you file the trademark yourself, and even if you do it by an attorney it will not be a surprise that you may get a notification with an invoice letting you know “updates” from your application. These are, of course, are a fraud. When you have your attorney, you MUST ONLY listen to him/her. Nothing you receive by other office is likely to be truth, and NEVER EVER pay any invoice that you did not agree in advance with your firm.
Time savings: Attorneys know the work so you do not need to waste any time performing searches you cannot know that will be properly done or listening to your friend or neighbor who all of a sudden knows about Intellectual Property. Not to mention those DIY on YouTube.
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Intellectual Property is a beautiful field, and since it covers ALL your ideas, it must be properly protected. Here are a few tips on what to take into account when choosing your Intellectual Property attorney:
– You need to find someone who is a fit for you. You will get the vibe. Your heart will know when the person is the right one to work with you.
– The attorney needs to understand your industry, whatever that is, so they can tell you what to protect and how so you will know your business is solid.
– Your attorney will become an invaluable business partner for you, your to go person when you have any questions. You need to know you can reach them and they will be there for you to reply any questions you have, not just sending you to a website and to download a template.
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Trademarks:
– Protect words, phrases, symbols or drawings.
– Identify a product or service.
– Thy are not protected by patent or copyright law.
Copyrights:
– Protect author’s original works.
– They are not protected by trademark or patent law.
Patents:
– Protect discoveries that, despite coming from someone’s intellect, they must have an industrial application.
– They are not protected by trademark or copyright law.
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– It gives you a place in the market from a different perspective, since you know your products or services are duly protected.
– You are protecting against the competition, so they will not be able to copy your products or services.
– If you have exclusive rights on your trademarks, designs or patents, you will be able to negotiate licenses, franchises or any other contractual agreement from which you will receive money compensation.
– It increases the commercial value of your company and allows you to introduce yourself in other markets.
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– A trademark registration protects a unique sign, and the purpose of registering it is to prevent others from using the reputation you have earned in time.
– A patent registration grants exclusive rights on a creation that protects a technical problem or provides a technical solution. If it fulfills all requirements to become a patent, you will get registration, regardless the name or its look.
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It is the right given to a trademark owner, within six months of filing in the country of origin, when he wants to pursue his priority rights in a different country.
These rights are mentioned on the Paris Convention and it is valid for countries who accept it.
Once the period of time has expired, he will not be able to do it. There is a distinction provided it is:
– Trademark: The right is valid for six months.
– Patents and utility models: The deadline is extended to twelve months.
– Designs, drawing and industrial designs: The deadline is six months.
In order to have a valid priority right, the owner needs to file a priority certificate from the country of origin on each country he wants to claim said rights, within the mentioned deadlines.
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A patent is an exclusive right granted for an invention; that is, a product or procedure that generally provides a new way of doing something or a new technical solution to a problem.
A patent’s protection means the invention cannot be made, used, distributed or sole without the owner’s consent.
It offers recognition for creativity and material reward for the marketable inventions.
All patent owners must, in exchange for the patent’s protection, make public the information relating to the patent, in order to increase the world’s knowledge.
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As owner of an exclusive right, in this case a patent, you have the right to do whatever you consider. Patents may be licensed and get economic compensations for the use but keep the ownership. And, you can also sell them.
You need to take into account that, from the moment the transaction is done, the buyer becomes the new proprietor of the patent y, therefore, the new owner of the exclusive right of exploitation. From then on, you no longer have any rights over your creation.
License contracts may have a specific duration, but selling a patent is definite and irrevocable.
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