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Patent is a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
Copyright is a form of intellectual property that grants the creator of an original creative work an exclusive legal right to determine whether and under what conditions this original work may be copied and used by others, usually for a limited term of years. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
Prior art is any evidence that the present invention is already known. Prior art does not need to present physically or be commercially available. It is enough that someone, somewhere, sometime previously has described or revealed or made something that represents a use of technology that is very similar to the present invention.
Prior art is a published document or evidence that is similar to your invention, that existed before yours did. So if you have an idea for an invention, or if you’ve already created the invention, you need to do a prior art search. The prior art search activity will discover any available documents that are similar to yours Patent application. The Patent Examiners often reject Patent Applications because there is prior art for that idea.
Your patent and technical literature searches must be customized to meet your exact legal and technical requirements, must be delivered within your desired timeframe, and must leave no stone unturned in the pursuit of information that helps you make better IP decisions.
Our invalidity searches help you when the stakes are highest:
Our searchers routinely use 30+ language- and technology-specific databases to provide the best possible support for your litigation or enforcement efforts.
Our approach entails:
Before you begin the commercialization of your product/technology, it is essential to conduct a freedom to operate (FTO) search to ensure that the desired product can be safely launched in a specific market (countries or regions) without infringing or violating third party intellectual property rights within that particular jurisdiction. It can be conducted at any stage of product life cycle to determine the direction of product/technology development.
To establish an FTO, we first conduct a Clearance Search or non-infringement Search locate any granted and alive (in-force) patents or patent applications. Most companies engage a reputable IP Analytics firm to conduct this search.
FTO helps to mitigate the litigation costs that may be incurred due to an unintentional and unknown infringement in a new market space. A Clearance/ non-infringement search could play a vital role in potential licensing and mergers or acquisitions among the top players in a technology field.
Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports into the U.S. a patented invention without the patent owner’s permission.
While it may be simple, the act is illegal. In the event a patent holder decides to sue, the court will often step in and stop the illegal activity from continuing and sometimes punish the infringer with penalties such as monetary awards to the patent holder. Since patented ideas often come with many sections or parts, it is possible to have several claims for infringement of one patent.
Landscape analysis is a type of organisational analysis. The concept focused on finding a cohesive and consistent view of the main organisations and initiatives in some analysed area of operations and analysing chosen key aspects of them. In many business-oriented situations this kind of analysis is a part of a business plan – finding out on potential collaborators, market analysis, competitors, etc.
The key elements of a landscape analysis are defining users (stakeholders), the scope (what kinds of organisations are analysed, i.e. the targets of the analysis), methods used, and parameters to study.
It is the process by which a person, business, or organization secures legal protection for their trademark, granting them exclusive rights to use that mark in connection with their goods or services within the jurisdiction where the trademark is registered.
It refers to the process of interacting with a trademark office to obtain and maintain the registration of a trademark. It involves handling all the necessary legal procedures and communications with the trademark office from the initial filing of the trademark application to the registration and beyond.
A legal proceedings where third parties challenge the registration of a trademark application. Opponents file Notices of Opposition citing various grounds such as prior rights or likelihood of confusion. The applicant can respond with Counter-Statements, presenting evidence and arguments. Discovery processes may occur, and a hearing may be scheduled if the opposition isn't resolved. The trademark office then issues a decision to grant or deny registration based on the evidence and arguments presented. These proceedings protect existing trademark rights and ensure the integrity of the registration process.
It involves strategically overseeing a company's collection of trademarks to maximize their value and protection. It includes selecting appropriate trademarks, obtaining registrations, monitoring for infringements, renewing registrations, auditing the portfolio, exploring licensing opportunities, and managing risks. Effective management ensures trademarks align with business goals, comply with legal requirements, and contribute to brand success.
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