Thursday, March 12, 2009

Intellectual property consultants

Intellectual property rights | Intellectual property consultants 

Intellectual property rights Intellectual property consultants are the organized recruitment services in all the areas of Intellectual property including Patent, Trademark, Copyright, litigation, licensing etc. It includes copyright consultant services, copyright registration services, patent registration services, trademark registration consultant etc.  

Elite search consultants is an excellent consultant firm. They provide placement services ranging from patent agents and lateral associates to partners with established practices, and from patent counsel to general counsel.

Mark and right are one of the leading legal service providers specializing in Intellectual Property services and business incorporation services for entrepreneurs, individual inventors and business of all sizes. As well as they cover a wide range of legal process outsourcing services. Their service includes Business Incorporation Services, Contract Drafting, Cyber law, Dispute resolution Services, Intellectual Property Services, Legal Process Outsourcing, Liaison Services and Real Estate Services. They are committed to help organizations for best legal protection of their intellectual property and to provide them custom-tailored legal services efficiently and economically by strictly adhering to the highest professional and ethical standards.

Raman Kartha & Co are the advocates and consultants in intellectual property rights.  Their area of practice includes intellectual property rights and corporate laws.

          Sagittarius Intellectual Property consultants with a current client portfolio cover the spectrum from small business to industry leading company. Their services include specializing in advising clients in the chemical, pharmaceutical, and other life sciences sectors. They provide a full range of patent agency services, including advice on IP strategy, management and licensing.

       IpCapital Group (ipCG) is a Vermont-based intellectual property (IP) consulting firm. IpCapital Group has delivered over 450 successful IP engagements to companies in a wide range of industries. Their services maximize financial results for clients that seek to develop and execute intellectual property (IP) strategies, strengthen and monetize IP portfolios, and establish and implement Intellectual Asset Management (IAM) practices. They have an interdisciplinary team trained in business, law, marketing, and product development that provides a systematic and comprehensive view of the full lifecycle of IP, from creation to monetization to retirement. 

what are Intellectual property

Intellectual property Rights | what are Intellectual property

Intellectual property Rights Intellectual property refers to any Intellectual creation of mind. Intellectual Property laws give people the right to own and profit from their artistic, scientific and technological creations for a designated period of time. The various forms of intellectual property are patent, trademark, copyright, industrial design, geographical indication, trade secret and integrated lay circuit.

Intellectual property Patent is a monopoly right given by the government to an inventor for a period of twenty years. Once granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or offering for a sale of the inventor's invention for the duration specified in the terms of patent. After twenty years the patent falls under public domain there after anyone can use the invention without permission from patentee. Invention can be any new article, composition of matter, machine, process or any new value addition to the above said.

Patents are territorial rights, which means that an invention is only protected in the countries or regions where patent protection has been obtained. In other words, if you have not been granted a patent with effect in a given country, your invention will not be protected in that country enabling anybody else to make , use, import or sell your invention in that country.

Intellectual property Trademark is a unique sign or indicator used by an individual, business organization or other legal entity to identify that the products and /or services are offered to the consumers with which the trademark appears. It would have originated from a unique source of origin, in order to distinguish its products or valid for services from those of other entities. 

Copyrights relates to original work of literary, artistic, dramatic or musical work, Cinematographic films, Sound Recording and Software program. A related right refers to the category of rights granted to performers, phonogram producers and broadcasters.

A design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article. A design should be new and original. The word "article" refers to any  article manufactured and  any  substance, artificial, or  partly artificial  and partly natural, and  includes any  part  of  an  article  capable  of  being made  and  sold  separately. Design office is located at Kolkata.

Geographical Indication is an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin.

Trade secrets are any information that is not generally known, that will give a business advantage, or is commercially useful. Sometimes they are considered and referred to as confidential information's. It may be a formula, process, design, device etc.

Layout design means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in semiconductor integrated circuit

 

 

 

INTELELCTUAL PROPERTY

INTELELCTUAL PROPERTY RIGHTS | INTELELCTUAL PROPERTY

 

 

In intellectual property rights, the term Intellectual Property is used to refer the copyrights, trademarks, patents, industrial designs and confidential information's. All that which is produced or originated by the human skill, intelligence, labour and effort is called as Intellectual Property. The industrial revolution and the rapid developments made in the field of science, technology and culture, new kinds of property came into existence.

 

The concept of Intellectual Property has gone a sea change after the Second World War. New rights and properties like patents and industrial design which came to be known as intellectual property rights received increased attention due to their unique characteristics and the possibilities of their violation easily. The Intellectual Property which is a part of municipal law has taken deep roots in international law as the developed and developing nations have taken note of its importance. Various international conventions, treaties and agreements have been entered into and the countries have passed necessary legislations to protect intellectual property rights.

 

The term property is synonymous with ownership. Property is an appropriation of an object by the individual and the acceptance of this appropriation on the part of the rest of the society. The concept of ownership has a certain kind of position which the owner enjoys in the control or use of a thing to the exclusion of others. Ownership is a right fostered and protected by law for the exclusive use, enjoyment and disposal of a thing.

 

 

Intellectual property is divided as tangible and intangible properties. The intellectual property namely patent, copyright, industrial design and trade secret are intangible properties. Intellectual property is that property which is created by human intelligence or mental labour and is mostly in intangible form even though it can be reproduced in tangible forms.

 

Intellectual Property may be divided into industrial property and literary property. The industrial properties are patents, trademarks, industrial designs and layout designs. The patents may be again divided into product patent and process patent.

 

The literary property may be classified as copyright and neighboring rights. The neighboring rights are performer's rights and broadcasting rights. The copyright covers artistic, musical, dramatic and literary works.

 

Copyrights, trademarks, designs and patents are intangible personal property whereas land, building are tangible immovable properties. Intellectual property is property in legal sense, it is something that can be owned and dealt with. The rights of intellectual property are created and protected by statutes. The inventions may relate to a new product or an improvement of an existing product or a new process of manufacturing of existing new product. Intellectual property is invisible and simply does not exist without legal rules making it exist and its value is only as good as the law that is enforcing it.

 

The intellectual property rights are private rights. The immaterial products of a man's brain may be as valuable as his land or his goods. The various statutes therefore confer on him a proprietary right in it. The unauthorized use of it by other person is a violation of his ownership and the owner of the intellectual property can take action against infringement of his rights. There is no criminal remedy available for the infringement of a patent or of a registered design.

 

 



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INTELLECTUAL PROPERTY INVENTIONS

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY INVENTIONS

 

 

Intellectual property rights, intellectual property inventions is defined as a new product or process involving an inventive step and capable of industrial application. An Intellectual Property Invention means:

 

  1. Art, Process, Method or Manner of Manufacture;
  2. Machine, Apparatus or other article;
  3. Substance produced by manufacture includes any new and useful improvement of any of them and an alleged invention.

 

The following conditions should be satisfied for an Intellectual Property Invention

  1. The product or process must be new
  2. It must involve an inventive step
  3. It must be capable of industrial application

 

An Intellectual Property Invention must be novel i.e., the invention should be new product or new process. Second the invention should involve an inventive step and it must be capable of industrial application. There must be a substantial exercise of the inventive power or inventive genius. Novelty of invention is required. The inventive idea would be the way of achieving the goal.

 

If the intellectual property invention is not new but the use of it in combination with other elements produces an advantageous results will be a sufficient element of novelty to support the patent. The invention must be new but should not have been available to the public. An invention is the finding, contriving, devising or creating something new and useful which did not exist before and which can be made useful and advantageous in pursuance of business or can add to the enjoyment of mankind.

 

Old inventions may be patentable if the claims are directed to a new use. For inventions other than drugs for the treatment of humans and animals, new uses for old inventions may be patentable up to a point if there is some new technical effect.

 

There are some intellectual property inventions which cannot be patented. They are as follows:

v     An invention which is frivolous or which claims anything obvious to natural laws

v     An invention which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.

v     The mere discovery of scientific principal or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.

v     The mere discovery of any new property or new use for a known substance or of the mere use of known process, machine or apparatus unless the process results in a new product or employs at least one new reactant.

v     A substance obtained by a mere admixture resulting only in aggregation of the properties of the components thereof or a process for producing such substance.

v     The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

v     A method of agriculture and horticulture

v     Any process for medicinal, surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals.

v     Plants and animals in whole or any part thereof other than microorganism

v     Mathematical or business method or computer program per se or algorithms

v     A literary, dramatic, musical or artistic work or any other aesthetic creation including cinematographic works and television production

v     A mere scheme or rule or method of performing mental act or method or playing games.

v     A presentation of information

v     Topography of integrated circuits

v     An invention of traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

v     Inventions related to atomic energy is also not patentable

v     A computer programme is not considered as a patentable invention.

 



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