This is not a substitute for legal advice. An attorney must be consulted. "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 1994 - 2024 by LAWCHEK, LTD." |
How do I acquire intellectual property assets? |
Patent. Patents
are granted based on the filing of a patent application
meeting the requirements of patentability before the U.S.
Patent and Trademark Office. However, several
steps should be taken prior to filing a patent application
to maximize patent rights. First, employees
should be required to sign an employment agreement with an invention
assignment clause. Second,
inventors should keep records so
that inventors can prove the date of invention, if
necessary. Third, a patent application should
be filed early in the
commercialization of a product. Most foreign
patent rights are forfeited if a public disclosure or sale
occurs prior to filing a U.S. patent application. U.S.
patent rights are forfeited if a patent application is not
filed within one year of the first public use, sale, offer
to sell or public disclosure of the invention in this
country. Fourth, patented products should
always be appropriately marked to
maximize damages from any patent infringement.
Trademark. Some
trademark rights are acquired automatically through use of
the mark in commerce. More substantive rights
and wider geographic rights are obtained by registering the
trademark, preferably through a federal registration. The
more distinctive the mark, the greater the rights acquired
through use. Selection of a distinctive mark
is an important step in maximizing trademark rights. Prior
to federal registration, a trademark owner should place a TM symbol
("bug") next to a trademark or an SM symbol
next to a service mark. There are no
requirements for use of the TM and SM bugs,
and use of these bugs notifies the public that trademark
rights are being claimed in the name. After
federal registration, a trademark owner should place an ®
bug next to the mark. A trademark can be
deemed to be abandoned (lost) if the owner of a trademark
stops using the mark, improperly licenses the mark,
improperly transfers the mark, or improperly uses the mark
and fails to prosecute infringers so as to render the mark
generic. Accordingly, policing one's own use
and the use of similar marks by others is an important step
in maximizing trademark rights and value.
Copyright. A
person automatically acquires federal copyright protection
as soon as an original work is written, recorded or
otherwise "fixed in any tangible medium of expression." 17
U.S.C. §102(a). To maximize copyright rights,
the copyright owner should place a copyright notice, such as
"© 1996 by LAWCHEK, LTD." on all publicly distributed
copies. Additionally, for works that are
published, the copyright should be registered, preferably
within three months of the first publication.
Trade Secret. Trade
secret rights are acquired by taking reasonable steps to
keep information secret. Absolute secrecy is
not required, but the information must not be publicly
accessible. Trade secret information is
usually misappropriated by persons who properly receive the
information and then improperly disclose or use the
information. Reasonable steps should be taken
to avoid such disclosure or use. |
Copyright © 1994 - 2024 by LAWCHEK, LTD.
This is not a substitute for legal advice. An attorney must be consulted.
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