Intellectual Property

Innovation is a process of generating and applying new value-adding ideas toward modifying established methods and approaches.

Intellectual property is any value-adding, innovative, and tangible idea that originates from a person’s creative effort. Examples include a music score, lyrics, technology, algorithm, software, logo, etc. Intellectual property can be protected if it meets the criteria for one of the following categories:

• Patents: Novel invention or process
• Trademarks: Unique brand names, logos, and symbols
• Copyrights: Original artistic, musical, or literary works
• Trade Secrets: Some confidential new concepts
• Industrial Designs: Novel visual appearance of a product
• Plant Breeders’ Rights: Novel plant varieties.

Not every innovative idea qualifies for intellectual property protection. For example:

• Concepts that are purely theoretical or philosophical, without a practical application, such as economic theories or mental processes
• Descriptive data structures, such as databases or organizational charts
• Natural phenomena, occurring in nature without human intervention (e.g. discovering a new plant species)
• Signals, waves, or other electromagnetic phenomena are not patentable.

The inventor/author is the individual who conceptualizes the idea or subject matter. Sometimes, the conceptualization of an idea may be the product of more than one mind; in this case, they are called joint inventors/authors.

Not the inventor/author:

• An assistant who just executes the experiments, assembles the invention, provides consultation, etc
• The supervisor or department manager of the person who conceived the idea
• A person who:
  • only discovers the problem (unless they contribute to the solution).
  • conceives of the result to be obtained, but not the idea of how to achieve it.
  • provides a suggestion or improvement but does not work to fit the suggestion or improvement into the invention.
• Someone whose only contribution is:
  • reducing an invention to practice by exercising ordinary skill in the art.
  • an obvious element to the invention.
  • participation in consultations about the invention before or after the conception of the invention.

A patent is a government-issued legal document that provides intellectual property protection and a right that:

• Allows the inventor/author to exclude others from using the idea.
• Is enforceable once issued.
• Is granted for up to 20 years from filing.

The are two types of patents: 

• Provisional: an initial formal document that shows that the inventor/author was in possession of the invention on the filing date.
• Non-provisional: a formal document claiming the invention and filed under one of the following categories: 
  • Utility patent 
  • Design patent 
  • Plant patent 

For more information about patents, please click HERE.

A public disclosure is an oral or written form of non-confidential communication regarding the details of the invention. A public disclosure without prior-to-patent filing may result in the disqualification of patent rights. Information disclosure regarding the invention to a party under a Non-Disclosure Agreement (NDA) is considered confidential and is not qualified as a public disclosure.

A non-disclosure agreement (NDA) is a written document that provides a legal agreement between parties to keep all information, materials, and knowledge that is disclosed confidential.

A copyright is the legal right of the creator that is subject to protection from unauthorized use/duplication that:

• Exists as a right from the moment of creation.
• Is enforceable once issued.
• Allows the creator to give permission/authorization to someone to reproduce or use the product.
• Can be owned by a human or an organization.
• Is granted for 70+ years.

For more information about copyright, please click HERE.

Any original and fixed product that involved noteworthy mental activity and independent thinking for its creation qualifies for copyright protection. This type of work is known as an Original Work of Authorship (OWA). It must be in tangible form — fixed. The original work belongs to a creator even without registration with the government. Registered copyright is required to bring a legal action for infringement/plagiarism.

Trade secrets are the intellectual property right on confidential information that gives you an advantage and that may be sold or licensed. 

Confidential information must be:

• Commercially valuable. 
• Known to a limited number of people.
• Subject to secrecy measures.

For more information on trade secrets, please click HERE.

A trademark (™) is any:

• Design
• Word
• Brand name
• Symbol
• Phrase
• Numeral
• 3-D shape 
• Packaging of goods 
• Non-visible sign, like a sound 
• Color shades

that distinguishes you from others.

Trademark also:

• Identifies the source of your goods or services.
• Provides legal protection for the creator’s brand.
• Helps you guard against counterfeiting/fraud.
• Is enforceable once registered.
• Is granted for up to 10 years and can be renewed.

For more information on trademarks, please click HERE.