Intellectual property (IP) is @ categor ” inchidige titan ili mrs Selec nae ces nr concept of intellectual property developed in England in the 17th and 18th centuries. The term intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world’s legal systems, The main purpose of intellectual property law Is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This gives economic incentive for thelr creation, because it allows people to profit from the information and intellectual goods they create, These ‘economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators. ‘The intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods. Unlike traditional property, intellectual property is "indivisible", since an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation: a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information or literature can usually do very tle to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods’ wide use is the primary focus of modern intellectual property law." Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications,” and in some jurisdictions trade secrets. There aré also TTiore Specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in the US), supplementary protection certificates for pharmaceutical products 0 law). The term "industrial (after expiry of a patent protecting them), and database rights (jn Europeat property" is sometimes used to refer to a large subset of intellectual property rights.including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications." Patents A patent is a form of right granted by the government to an inventor or their successor-in-tile, giving the ling, offering to sell, and importing ‘owner the right to exclude others from making, using, sel an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention ig a solution to a specific technological problem, which may be a product or a process and main requirements: it has to be new, not obvious and there needs to be To enrich the body of knowledge and stimulate innovation, itis an, generally has to fulfill three disclose valuable information about their inventions to the public. an industrial applicability." obligation for patent owners to Copyright ‘A copyright gives the creator of an original work exclusive rights to it, usually fara limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works" 5141 Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed Ba 1 design patent) protects the visual design of led “design right" o1 \dustrial design consists of thé Greation of a shape, 1, or combination of pattern and color in three-dimensional of three-dimensional,pattern used to itis what makes a product Industrial design rights An industrial design right (sometimes cal objects that are not purely utilitarian. An in “configuration or composition of pattern or color form containing aesthetic value. An industrial design can be a two- produce a product, industrial commodity or handicraft. Generally speaking, look appealing, and as such, it increases the commercial value of goods. Plant varietiesights to commercially use a new variety of a plant. ict and for registration the evaluation of propagating | Plant breeders' rights or plant variety rights are the rk ‘The variety must amongst others be novel and distin; ‘material of the variely is considered. Trademarks A trademark is a recognizable sign, design or expression which distinguishes products or services of a Particular trader from similar products or services of olher traders Trade dress Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a produet or its packaging (or even the design of a building) that signify the source of the product to consumers." Trade secrets A trade secret is a formula, practice, process, design, instrument, pattern, or compilation reasonably ascertainable, by which a business can obtain of information which is not generally known or an economic advantage over competitors and customers. There is no formal government protection granted: each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks is a trade secret for Coca-Cola.) 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. Intellectual property rights are customarily divided into two main areas: () Copyright and rights related to copyright.back to top The rights of authors of literary and artistic works (such as books and other writings, musical jputer programs and films) are protected by copyright, for a compositions, paintings, sculpture, com; minimum period of 0 years after the death of the author. pyright and related (sometimes referred to as “neighbouring’) rights are the Producers of phonograms (sound recordings) @ of protection of copyright and related rights is to Also protected through co rights of performers (e.g. actors, singers and musicians), and broadcasting organizations. The main social purpose encourage and reward creative work (i) Industrial property. back to top Industrial property can usefully be divided into two main areas: One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin). The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. * Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets, The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and developmentectivities. ‘A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing The protection is usually given for a finite term (typically 20 years in the case of patents). ‘While the basic social objectives of Intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users. What Is Intellectual Property Law? nts to inventions, designs, Intellectual property law deals with the rules for securing and enforcing legal and artistic works. Just as the law protects ownership of personal property and real estate, s0 too does it protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others, Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and inventors exclusive rights to their creations. Section 8 also gives Congress the power to regulate interstate and foreign commerce, providing further support for its right to legistate in this area. Intellectual property laws passed by Congress are administered by two government agencies, the U.S. Patent and Trademark Office, and the U.S. Copyright Office. Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. Qualifying items include new machines, technological improvements, and manufactured goods, including the "look" of a product. Patent protection will be denied if an invention is-found to be obvious in design, not useful, or morally offensive. ‘Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to. avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. While not required, owners can register their marks for additional protection. Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and attistic expressions. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are valid for the creators lifetime, plus 70 years. Protecting Against Infringement Infringement refers to the unauthorized use of intellectual property. To protect against infringement, Owners should take steps to put the worid on notice that their rights exist. Providing notice helps deter infringement by making the owner's rights more visible to those who might inadvertently violate them. It also triggers additional legal benefits, and puts the owner in a better position to prosecute an infringementin court, if that becomes necessary. Inventors can give notice of their rights by marking their product with the patent number assigned to it by the Patent and Trademark Office. The label "patent pending" can also be used to discourage others from copying the design before the patent is awarded. Notice of trademarks and copyrights is given by placing the appropriate symbol (™, ©, etc.) on the material, and then registering the mark or copyright, so it can be added to the government's database. Ifinfringement does occur, rights to intellectual property can be enforced in federal court. Before filing a lawsuit, however, owners will want to consult with an attorney and carefully consider whether litigation is in their best interests. Infringement cases are expensive to prosecute, and there is always a risk that the ‘owner's rights, once held up to the scrutiny of a court proceeding, will be revealed as invalid or less extensive than the owner believed. In the event an owner of intellectual property does sue, and the lawsuit is successful, a number of remedies will be available. The court can order an injunction, meaning the infringer must stop what itis doing. Substantial money damages may also be available. In addition, once the owner's rights are established in court, the infringer may agree to a license agreement. This allows use of the intellectual ue, with payments going to the owner. property to cor Rights to intellectual property can be incredibly lucrative, making individuals huge sums of money. Infringement claims have also bankrupted large, profitable companies without warning. With so much at stake, anyone dealing with issues in this area of the law should seek the advice of an attorney. Firms specializing in intellectual property law are available to help owners who are looking to establish, profit from, or defend their rights. Got Help from an IP Attorney If you have created or obtained the rights to something unique, an intellectual property attorney can help you protect your interests. Conversely, if someone has accused you of infringement, you want legal counsel to help you fight back. Contact an attorney today to learn more. Copyright HG.org Intellectual Property - Know your Rights! . A Guide to Intellectual Property Law Intellectual property law refers to the laws designed to protect the rights ‘of the owners and creators of intellectual property, which includes inventions, designs, and artistic works. Intellectual property law includes trademark, patent, and copyright laws. Intellectual property laws were designed to encourage the creation of a wide variety of goods and ideas. In this comprehensive guide to intellectual property laws, discover how to register a trademark, patent, or copyright and how to protect from infringing uses. Cease and Desist Letters for Intellectual Property Prohibitions AbroadIntellectual property protections in different countries may be difficult to process and accomplish. Counterfeit or Knockoff Designer Goods - Is It Illegal to Purchase Them? Every year, millions of Americans visit the litle bodegas and shops, often located in ethnic ghettos of large cities, to purchase counterfeit or knockoff designer goods. Others buy these items online, at flea markets, or dozens of other locations. : Defending an Intellectual Property Claim Against Obviousness When intellectual property Is in danger from various claims, itis important to protect it from the numerous issues that may arise. Employee-Created Intellectual Property Most employee-created intellectual property has no protection in place for the worker to keep the IP himself or herself after leaving the company or separate from the business. + Intellectual Property and the Business Plan Intellectual property is important for many businesses, but itis crucial for those that sell products or services based on the IP created by the company. Is it llegal to Buy Counterfeit or Knockoff Designer Goods? .guish between a counterfeit and a knockoff product. To answer the question, itis first important to distin : Protecting Trade Secrets: How to Draft a Nondisclosure Agreement Protecting your competitive advantage - your trade secrets - can be critical to growing your business. ‘And, one of the best ways to do that is through the use of the nondisclosure agreement. Reasons Intellectual Property Is Imperative for Your Business Whether the owner of a business has created or own intellectual property, the use of it may be crucial to revenue and imperative to utilize as trademarks, copyrights, patents and trade secrets become more important to the commerce realm. : ‘Supreme Court Decision Reduces Post-Sale Intellectual Property Rights Intellectual property rights are important to the owner, but this could change due to a sale of the IP based ‘on changes implemented by the Supreme Court. . What is a Patent Troll? Many have read about legal battles fought between large technology companies and entities referred to as "patent trolls" and wondered, "what is a patent troll?” Obviously, it has something to do with patent laws and infringing on someone's patent rights, but what does it really mean? Who does it apply to? Is anyone who asserts a patent infringement a "trol." or just certain people and entities? Where did the term come from? . What is Plagiarism?. ‘The Four Requirements for a Tr Federal trademarks are not easy. They invols complex Federal laws. Still, every trademark must satisfy these same four requirements. . Deceptive, Untrue or Misleading Advertising ‘Are you concerned about deceptive, untrue or misleading advertising In San Diego? What can be done to hold a competitor accountable for unfair business pete Fora California has comprehensive “Unfair Competition” laws which protect you agalnst any co se who may attempt unfair, untrue, deceptive, or misleading advertising here in San Diego. Under gis law, advertising may not contain ipulative terms or untrue claims or misrepresentations, misleading or vague product descriptions, m statements. . Making Misrepresentations in a Business Transaction t options do you have if you What is considered to be a misrepresentation in a business transaction? Wi r seller or any parties to a feel you were the victim of misrepresentation or fraud? Whenever a buyer ani business transaction California law requires them to avoid untrue statements, misrepresentation of material facts or other false inducements to draw the other party or parties into theWansaction. + Allintellectual Property Law Articles Articles written by attorneys and experts worldwide discussing legal aspects related to Inf&lectual Property including: copyright, domain names, licensing law, patents, trade secrets and traderark. PATENT A patent is @ legal document granted to an individual (usually the inventor) by the government. The document provides the inventor with the exclusive, legal right to create, use or sell an invention. Patents come with a certain validity period and expiry date. You can also file a patent claim for making a significant improvement on items invented previously. Simply put, when you invent something new or improve an already existing product, you need to apply for a patent to get exclusive benefits. The objective behind the launch of the patent system Patents give individuals recognition for their innovation, and possibly a material reward. Globally, the basic rule of patenting remains the same: it allows the owner exclusive rights to prevent others from recreating the patented innovation. This can be done through a patent claim. A patent claim is the most important section of the patent and is. the way through which @ patent owner can file an infringement suit in case their innovation has been commercially exploited by somebody else. Patent claims can be of two types: independent and dependent. Facts about the Patent law Now that we know what a patent claim is, let's look at some basic laws surrounding patents. Patent law is a component of the broader framework regarded as intellectual property. Legal aspects include protecting your intellectual property rights, including trademarking, copyrighting and protecting ets,While trying to patent an invent we tin ‘vention, the inventor must ensure that their design meets three bs asic 1. Nov it it ei Dane pene Habe Considered a novelty ithas to bo nev. u a i ion to ff ; jovnie soning eho 8 considered useful it should be able to perform what it intends ntive or lacking obviousness: A\ The patent Pe even the 7 of the Invention not just by Imitators but also by independent devisors. eee ee ea sen se ial sanip pe or invention as the individual patenting it, for a Types of Patents Based on your invention, you can file for three kinds of patents. These are Wentions resulting in usefulness. However, India does not 1. Utility Patents: Patents that cover have system of Utility patents. 2, Design Patents: Patents that cover the shape or surface of a physical object 3._ Plant Patents: Patents that cover asexually reproducing plants Other things to know about patents “The patent holder can use the patent to prevent others from copying the product or service. This poses difficulties for competitors granted only if an invention or design meets the above~ Patents aren't easily available and are mentioned requirements, i.e. novelty, usefulness, inventiveness. ‘A patent application is a request pending at a patent office for the grant ofa patent for ‘aninvention described in the patent specification"™** " and a set of one or more claims stated in a formal aociment, Including necessary official forms and related correspondence. Its the combination sf the Secument and its processing within the administrative and legal framieweork of the patent offic. To obtain the grant of a patent, a person, elther legal or natural, must fle an application at a patent office wnt the jurisdition to grant a patent in the geographic area over which coverage ts required. This is often antional patent office, but may be @ regional body, such as the European Patent Office. Once the patent Specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification The process of “negotiating” or “arguing” with a patent a patent office with regard to a patent after its grant, is is distinct from patent litigation which relates to legal proceedings granted. office for the grant of a patent, and interaction with known as patent prosecution. Patent prosecution for infringement of a patent after itis \d administrative proceedings of requesting the issuance it and content of the description and claims Definition - _ The term patent application refers to the legal an ofa patent for an invention, as well as to the physical document of the invention, including its procedural paper work, The fist of those-—the request for a legal privilege to which the applicant is entitled ifthe application is wall founded—is temporal by its nature. It ceases to exist as soon as the application is withdrawn or refused, ora patent is granted, The informational content of the document as fled (or in other, prosaic words, the piece of paper), isa historical fac that persists and exists in perpetuity. ‘The expression “application” is often employed without being conscious of its ambiguity. The expression is capable of misleading even experienced professionals.Depending upon the office at which a patent anpicaton eon wan i ich a patent appli application for a pater 'pplication is filed, that tic appleation fr arent i lven cou or may be on aplcaon tera patentin asange ofeaent (patent) applications", and the latter as "regional f sppleation ¥ Te omer ow ional (patent) appictions”. Natic Nau ne srolatone are generally fled ata national patent office, such as the United Kingdom Patent “ re hk Cooperation Treaty (PCT), once it enters the national lll pplication under the Patent Regional applications regional patent application is one which may : v y have effect in a range of countries. The European Patent Office (EPO) Is ‘an example of a Regional patent office, The EPO grants patents which can fake effect in ae ies contracting to the European Patent Convention (EPC), following a single application 1g and prosecuting an application at a regional granting office is advantageous as it allows patents in @ ‘number of countries to be obtained without having to prosecute applications in all of those countries. The cost and complexity of obtaining protection is therefore reduced. International applications ‘The Patent Cooperation Treaty (PCT) is operated by Word Intellectual Property Organization (WIPO) and provides a centralised application process, but patents are not granted under the treaty. Patent offices may define a number of types of applications, each offering different benefits and being useful in different situations. Each office utilizes different names for the types of applications, but the general groups are detailed below. Within each group there are specific type of applications, such 3s utlity patents, plant patents, and design patents, each of which can have their own substantive and procedural rules. Standard application[ ‘A standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent Sppiication may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office itis filed in. In the U.S., a standard patent application is referred to as a "non provisional" application. Provisional application Provisional patent applications can be filed at many patent offices, such as the USPTO in the U.S. A provisional application provides an opportunity to place an application on fle to obtain a filing date (thereby securing a priority date), but without the expense and complexity of a standard patent | application may, within a limited time (one year in the U.S.), be application. The disclosure in a provisional incorporated into a standard patent application if a patent is to be pursued. Otherwise, the provisional application expires. No enforceable rights can be obtained solely through the filing of a provisional application, Continuation application In certain offices a patent application can be fled as a continuation of a previous application. Such an application is a convenient method of including material from a previous application in a new application when the priority year has expired and further refinement is needed. Various types of continuation application are possible, such as continuation and continuation-in-part.x) pivisional application application can only contain sut me been ialdect feet fsppleaton can only contain Subject mater inthe appeaten tanec kee ee in whlh eae furor Inventors cen oo onde appt ‘Preparation, filing, and prosecution ‘The process of obtair [soot of cong te gra of pan ase wn reparion a apatntn tia he Patent specification Appatent speci ne secre ea era E a document describing the invention for which a patent is sought and setting out the Scope of the protection ofthe patents sich, a specication aoneralycotans 2 sacl, detailing the background and overview of the invention, a description ofthe invention and ‘embodiments of the invention and claims, which set out the scope ofthe protection. A specication oy include figures to aid ip Gomme ia iiserion, pores wot wlicnc iological deposits, or computer code, pending upon the subject matter ofthe aplication. Most patent offices ‘also require that the application includes an abstract which provides a summary of the invention to aid searching. A tile must also generally be provided for the application. Each patent office has rules relating to the form of the specification, defining such things as paper S129, font, layout, section ordering and headings. Such requirements vary between offices. is filed (with narrow exceptions), it's important to Since @ description cannot generally be modified once it have it done correctly the first time. n granted by the patent. The claims ‘ential features of the invention in a 1d during prosecution to Claims The claims of a patent specification define t! describe the invention in a specific legal sty manner to clearly define what would infringe narrow or expand their scope. The claims may contain one or more hierarchical sets independent claim setting out the broadest protection, that protection by defining more specific features of the invention In the US, claims can be amended after a patent is granted, but their scope cannot be broadened beyond what was originally discl No claim broadening is allowed more than two Josed in the specification. years after the patent issues. Filing date The fling date of an application sets a cutoff date after which any public disclosures cannot form PeGt ait (but the priory date must also be considered), and also because, in most juriscicions, Ine righttoa file an application for protection of that invention patent for an invention lies with the first person to invent), It is therefore generally beneficial to file an application as soon as (See: first to file and first to invent possible, To obtain a filing date, the documents filed must comply with the regulations of the patent office in which it ith all rules may not be required to obtain a filing date. For was filed, A full specification complying wit example, in the U.K,, claims and an abstract are not required to obtain a fling date, but can be added later However, singe no subject matter can be added to an application after the filing date, itis important time of filing. If the requirements that an application disclose all material relevant to the application at the’ forthe award of a fling date are not met, the patent office notifies the applicant of the deficiencies. Depending upon the law ofthe patent office in question, correction may be possible without moving the ine scope of protection le, setting out the ess« the patent. Claims are often amende of claims, each having one or more main, ‘and a number of dependent claims which narrow~, . or the applicatioy 7 irern sung date, oF Nn may be awarde Nn da filing Me completed. A filed application general abe recy ting Sate to the date on which the requirements pplication number. priority claim ‘Apatent application may claim priority f filing date of th ority from one or mor the fling 'ese Sari applications (in respect ofthe information ceronea nthee aatlon in these earlier applications). Claiming priority is desirabl le beca, ‘ pforertascosures, neeasing the elingae a aaa emiay tee ling dat ecuces the umber of paten The priority system is us eae ety Geet in ling patent applications in many counties a the cst ofthe figs can OS Snat later ppleations. Wy of the applications made earlier for the same invention counting The rules relating to it The rules relating to bron claims ae in accordance with ho Paris Convention for he Protection of are said to be convention countries re provide a priority system in conformity with the Paris Convention Fr Treaty ee ountres. These rules should not be confused with the rules under the Patent Security issues Many national patent offices re foie squire that security clearance is given prior to the application in foreign countries. Such clearance is intended to protect national security by spread and publication of technologies related to (amongst others) warfare or nuclear arms; filed are reviewed and if they The rules vary between patent offices, but in general" all applications contain any relevant material, a secrecy order may be imposes. That order may prevent the publication of the application, and/or the foreign filing of patents relating to the invention." Should it be desired to fle an application in country other than an inventor's country of residence, may be necessary to obtain a foreign fling icence from the inventor's national patent office to permit fling abroad. Some offices, such ae the USPTO, may grant an automatic license after a specified time (e-9., 6 months), if a secrecy order is not issued in that time. filing of a patent preventing the Publication Patent applications are generally published 18 months after the earliest priory date of the applicarcr. Bae pat publication the application is confidential to the patent office. After publication, depencing upon local rules, certain parts of the application file may remain confidential, but itis ome for all eee oem stony between an Applicant (or his agent) and the patent office to be publicly available of a patent application marks the date at which itis publicly available and therefore at 1er patent applications worldwide. The publication which it forms full prior art for othe .ged invention is the subject of a patent taining the invention to alert a third party to the duct is copied after the patent is granted. The ices, as do the benefits of such in fact, a Patent pending ‘The expression patent pending is a warning that an alle application. The term may be used to mark products con fact that the third party may be infringing a patent if the pro« Tales on the use of the term to mark products vary among patent offi Marking, In general, itis permissible to apply the term patent pending to a product if here Is. patent pending for any invention implemented in the product. Patentable subject matter Patents are granted for the protection of an invention, but while an invention may occur in any fel patent laus have restrictions on the areas in which patents can be granted. Such restrictions are known as exclusions from patentability. “The scope of patentable subject is significantly larger in the U.S. than in Europe. For example, in Europe. things such as computer software or methods of performing mental acts are not patentable. The subject sng chould be patentable Is highly contentious, particularly as to software and business methods. ‘Search and examinat‘ter filing, either systemati ‘Arent application. The paca, oF SOME jurisdictions, upon request, a search is carried out forthe patentabilty of the alleged pe s01 the, Search isto reveal prior art which may be relevant to the The search report is publish oe ion (that is, relevant to what is claimed, the “claimed subject-matter"). ‘ed, generally with the application 18 months after the priority date of the The search report is useful to the applicant to determine If there is prior art which prevents the grant of a useful tent, in whi Foareh roportis Sie ue eau mey be abandoed belore the appleant incur furher expense, The he competit Wve an idea of the scope of protection which may be granted tothe pending patent apriection mY "ve a m Sent tanal Ea brecess of ensuring that an application complies with the requirements ofthe relevant of its objection sau is generally an iterative process, whereby the patent office notifies the applicant Crore ee te eee Office action). The applicant may respond with an argument or an amendment to evercome the objection. The amendment and the argument may then be accepted or rejected, triggering sponse, and so forth, until a patent is issued or the application is abandoned. Issue or grant Once the patent application complies with the requirements of the relevant patent office, a patent is granted further official fees, and in some regional patent systems, such as the European patent system, validating the patent requires that the applicant provide translations of the application in the official languages of states in which they desire protection. The date of issue effectively terminates prosecution of a specific application, after which continuing applications cannot be filed, and establishes the date upon which infringement may be charged. Furthermore, an issue date for an application in the U.S. filed prior to 1995 also factors into the term of the patent, whereas the term of later filings is determined solely by the filing date, Post-issue or grant Many jurisdictions require periodic payment of maintenance fees to retain the validity of a patent after itis issued and during its term. Failure to timely pay the fees results in loss of the patent's protection. The validity of an issued patent may also be subject to post-issue challenges of various types, some of which may cause the patent office to re-examine the application. Filing Patents in India As an inventor you should be aware of the due process of patent filing. Intellectual property is an intangible asset — one that can bestow the world with an invention that can make life simple and also contribute to the inventor or his company's fiscal growth. An Intellectual property brings with it a whole lot of benefits. It can turn an idea into a profit making asset, enhance the market value of a business and even help raise finances. Various inventions such as solar power trees, solar water purifiers, cane-based prosthetic limbs and self-repairing roads have all been credited to Indian investors. These inventions have truly changed the world. Ifyou have created or invented a process, product or service that can be defined as an original invention, itis in your best interest get it patented. Patenting your invention prevents your competitors from profiting from something created by you. If you need to file 2 patent, you can refer to this step-by-step guide covering the entire patent process in India. Steps to follow to file a patent Thumb Rule: Do not disclose your invention in public domain before filing a patent application failing which the innovation loses its novelty. Inventors can file a patent in two ways:professional or agency. Sin engage the sentee ae i hoe fou have to adhere to several deadlines, itis recommenced that you professional sign a non-dlsclosen ‘onallagency with years of experience. Also, ensure you make the agreement (NDA) before you disclose your invention. Now let's Step 1 — Check if your invention is patentable ‘Step 2 — Draft the Patent application, Step 3— Filing the patent application: ‘Step 4 — Publishing the patent application, ‘Step 5 — Examining the patent application Step 6 — Decision to grant patent ‘Step 7 — Renewing the Patent Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement i" "#441 The scope of the patented invention or the extent of protection" is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other countries may be free to exploit the patented invention in their country. The scope of protection may vary from country to country, because the patent is examined -or in some countries not substantively examined- by the patent office in each country or region and may be subject to different patentability requirements.