How to protect intellectual property - PowerPoint PPT Presentation

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How to protect intellectual property

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"Intellectual property is one of the most difficult items to protect or guard in the business. The main reason for the difficulty in protecting this type of property is that: by its very definition, it is an intangible asset of the business. Intellectual property is a concept rather than a thing. Therefore, it is very hard to actually say where or how it was developed. This is from an article that appeared on Copenbarger website: " – PowerPoint PPT presentation

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Title: How to protect intellectual property


1
How to protect intellectual property
2
Intellectual property is one of the most
difficult items to protect or guard in the
business. The main reason for the difficulty in
protecting this type of property is that by its
very definition, it is an intangible asset of the
business. Intellectual property is a concept
rather than a thing. Therefore, it is very hard
to actually say where or how it was developed.
3
  • An example of this is a book or movie idea.
    Consider that an author develops an idea, writes
    a book about the idea, and it is published. It is
    always possible that another person develops an
    identical item and places it on the marketplace.
    Does this mean that the second person has
    violated the rights of the first? No, it is very
    possible that two people may come up with similar
    ideas just based on circumstance. This is why
    intellectual property is such a hard thing to
    protect. However, there are mechanisms and
    programs which will allow businesses and
    individuals to protect their intellectual
    property.

4
Patents, copyrights, and trademarks
Most intellectual property will fall under one of
the general classifications above.
Patents are recognized by the federal government
as designs or drawings of a new product or item.
This means that inventor has the ability to
develop their new product, which may
revolutionize the marketplace. As the inventor,
the person will want to apply to the US Patent
Office and begin the process of registering their
item. The patent office does have criteria that
must be met by the product. While each item has
to be considered on its own merits, the basic
premise is that the item is unique and has some
form of identifiable part, which is not currently
registered as a patent. Therefore, the product
may be part of the current product on the
marketplace, but the new item is something
totally unique to the product. An example of this
would be a new component for car engine, which
has not been previously developed or added in the
past.
5
Copyrights are items, which protect thought or
ideas rather than real products. These are items
that protect a book concept, a movie, or other
thought idea. Concept is what makes these unique,
as well as description. However, just because a
thought may be copyrighted, granting it
protection, it does not mean that the concept may
not be duplicated without the authors okay. For
example, there may be hundreds of books or
articles on the marketplace, which revolved
around fixing a kitchen sink. But, not all of
these would be considered a violation of
copyright. In that situation, the violation of
copyright would be determined if the two books or
articles were substantially similar. This means
that the majority of wording would need to be
identical, as if one book was written directly
from the other book. The US has set procedures to
develop a copyright and is granted from the US
Copyright Office. Trademarks are identifiable
logos or recognizable brands. These products are
registered with the federal government, through
the Patent Office, and it will grant the holder
of the trademark protection against any
infringement. Therefore, one would need to apply
to the federal government to develop a trademark
and ensure that it is different from any current
trademarks already on the marketplace.
6
  • Website http//www.copenbargerlawfirm.com
  • Copenbarger Associates
  • info_at_copenbargerlawfirm.com
  • 281-290-4755
  •  
  • Sources
  • http//copenbargerlaw.wpengine.com/how-to-protect-
    intellectual-property/
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