Patent, Copyright and Trade secrets

Patent, Copyright and Trade secrets : 

Patent, Copyright and Trade secrets Presented By Manzoor Ahmad Bhat

PATENT : 

PATENT

Patents : 

Patents A patent is used to protect your invention Patent rights are a type of IP that grants a government-sanctioned monopoly on an invention for a limited time. Usually 20 years from date of filing. The most important IPR today for agricultural goods and services and the strongest protection for patentable plants, animals and biotechnological processes for their production. 7359 patents were granted in 2007. source: http://ipindia.nic.in/ipr/ 3

Who can apply for a Patent? : 

Who can apply for a Patent? The true and original inventor or inventors may apply for a patent.

What kind of inventions can be patented? : 

Your invention must be a machine, a process or a business method, an article of manufacture, or a composition of matter Must have some kind of utility and must not be deemed obvious. If your idea is an improvement of ‘something’ that already exists, or if you find a new use for something already known. What kind of inventions can be patented?

Benefits of Patents : 

Benefits of Patents Patented inventions - Open to public for free use after the term expires or ceases to be in force Avoids duplication of Research and acts as a stepping Stone for further Research. Helps industry to improve existing technology to give cheaper and better products. Identifies emerging technologies, research areas and business opportunities. 6

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Keep others out of the market Restrict competitors Revenue from licenses or sale Retain the right to practice the invention Give your product credibility Market yourself

Steps in securing patents in India : 

Steps in securing patents in India Filing an application in the prescribed forms along with the prescribed fees at the appropriate office of the patent office. Examination of the application by the patent office. Acceptance of application by the patent office and notification of acceptance in the official gazette . Overcoming the opposition, filed if any, for grant of patent on the application. Payment of grant fees for the grant (sealing) of the patent . 8

Contact Offices for Patenting in India : 

Contact Offices for Patenting in India 9

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What is Claim is: Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application. The claims are of the utmost importance both during prosecution and litigation. For instance, a claim could read: "An apparatus for catching mice, said apparatus comprising a base for placement on a surface, a spring member..." "A chemical composition for cleaning windows, said composition comprising 10–15% ammonia, ..." "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, ..."

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A patent is a right to exclude others from making, using, selling or offering for sale the subject matter defined by the claims. In order to exclude someone from using a patented invention in a court, the patent owner, or patentee, needs to demonstrate that what the other person is using falls within the scope of a claim of the patent. Therefore, it is more valuable to obtain claims that include the minimal set of limitations that differentiate an invention over what came before, i.e. the so-called prior art. On the other hand, the fewer the limitations in a claim, the more likely it is that the claim will cover or "read on" what came before and be rejected during examination or found to be invalid at a later time for lack of novelty.

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Patent Application Tips Tips on writing patent claims for a patent application. By Mary Bellis, About.com Guide Claims are the parts of a patent which define the boundaries of patent protection. Patent claims are the legal basis for your patent protection. They form a protective boundary line around your patent that lets others know when they are infringing on your rights. The limits of this line are defined by the words and phrasing of your claims. As the claims are key to receiving complete protection for your invention, you may wish to seek professional help to ensure that they are properly drafted. When writing this section you should consider the scope, characteristics, and structure of the claims.

Copyright : 

Copyright © 2012 Manzoor Ahmad

What is copyright? : 

Copyright is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. © 2008 John Doe What is copyright?

These rights include: : 

Reproduction right -- the right to make copies of a protected work, Distribution right -- the right to sell or otherwise distribute copies to the public, Right to create adaptations (or derivative works) -- the right to prepare new works based on the protected work Performance and display rights -- the right to perform a protected work such as a stage play or display a work in public. These rights include:

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An author's copyright rights may be exercised only by the author or a person or entity to whom the author has transferred all or part of her rights. If someone wrongfully uses the protected material, the copyright owner can sue and obtain compensation for any losses suffered.

? : 

How do I get permission to copy or use copyright material? But if I’ve bought something, can’t I use it however I like? But if I have permission or a licence to use a work, can’t I use it however I like? How can I prove that my work is original? Can copyright be transferred to someone else? ?

What Is Not Protected by Copyright? : 

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources) What Is Not Protected by Copyright?

What type of creative work does copyright protect? : 

Poetry Movies CD-ROMs Video games Videos Plays DVDs Paintings Sheet music Recorded music performances Novels Software code Sculptures Photographs Choreography Architectural designs. What type of creative work does copyright protect?

Important 3 : 

Fixed in a tangible medium of expression The work must be original A work must be the result of at least some creative effort on the part of its author Important 3

Does copyright protect an author's creative ideas? : 

No. Copyright shelters only fixed, original, and creative expression, not the ideas or facts upon which the expression is based. Allowing authors to monopolize their ideas would thwart the underlying purpose of copyright law, which is to encourage people to create new work. copyright does not protect facts -- whether scientific, historical, biographical, or news of the day. Does copyright protect an author's creative ideas?

Trade Secret : 

Trade Secret

What is a trade secret? : 

Trade secret may consist of any formula, pattern, physical device, idea, process or compilation of information that both: Provides the owner of the information with a competitive advantage in the marketplace Treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft. What is a trade secret?

Some examples of potential trade secrets : 

Formula for a sports drink Survey methods used by professional pollsters Recipes New invention for which a patent application has not yet been filed Marketing strategies Manufacturing techniques, and Computer algorithms. Some examples of potential trade secrets

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Formulas, methods, pricing information Client information, customer preferences Buyer contacts, market strategies Blueprints and drawings.

NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENTS : 

Not limited to strict standards of non-compete agreement. • Defines information the company treats as trade secret. • Impresses upon the employee (and fact finder) the importance of the information. • Serves as evidence of attempt to keep information confidential. NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENTS

Do it urself : 

Unlike other forms of intellectual property such as patents, copyrights and trademarks, trade secrecy is basically a do-it-yourself form of protection. You don't register with the government to secure your trade secret; you simply keep the information confidential. Trade secret protection lasts for as long as the secret is kept confidential. Once a trade secret is made available to the public, trade secret protection ends. Do it urself

What types of information can trade secrets protect? : 

Protect ideas that offer a business a competitive advantage, thereby enabling a company or individual to get a head start on the competition -- for example, an idea for a new type of product or a new website Keep competitors from learning that a product or service is under development and from discovering its functional or technical attributes -- for example, how a new software program works Protect valuable business information such as marketing plans, cost and price information and customer lists -- for example, a company's plans to launch a new product line What types of information can trade secrets protect?

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Protect "negative know-how" -- that is, information you've learned during the course of research and development on what not to do or what does not work optimally -- for example, research revealing that a new type of drug is ineffective, or Protect any other information that has some value and is not generally known by your competitors -- for example, a list of customers ranked by how profitable their business is.

What rights does the owner of a trade secret have? : 

A trade secret owner can prevent the following groups of people from copying, using, or benefiting from its trade secrets or disclosing them to others without permission: People who are automatically bound by a duty of confidentiality not to disclose or use trade secret information, including any employee who routinely comes into contact with the employer's trade secrets as part of the employee's job People who acquire a trade secret through improper means such as theft, industrial espionage or bribery People who knowingly obtain trade secrets from people who have no right to disclose them What rights does the owner of a trade secret have?

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People who learn about a trade secret by accident or mistake, but had reason to know that the information was a protected trade secret People who sign nondisclosure agreements (also known as "confidentiality agreements") promising not to disclose trade secrets without authorization from the owner. This may be the best way for a trade secret owner to establish a duty of confidentiality.

I Can, Really!! : 

There is one group of people that cannot be stopped from using information protected under trade secret law. These are people who discover the secret independently, that is, without using illegal means or violating agreements or state laws. For example, it is not a violation of trade secret law to analyze (or "reverse engineer") any lawfully obtained product and determine its trade secret I Can, Really!!

How can a business protect its trade secrets? : 

Simply calling information a trade secret will not make it so. A business must affirmatively behave in a way that proves its desire to keep the information secret. Some companies go to extreme lengths. How can a business protect its trade secrets?

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Thank You Confidentially yours