Definition of Intellectual Property

December 6th, 2007

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
Intellectual Property is the property that can be protected under law, including copyrightable works, ideas, discoveries, and inventions. Such property would include novels, sound recordings, or a cure for a disease.

Any intangible asset that consists of human knowledge and ideas is an intellectual property. Some examples are patents, copyrights, trademarks and software. Most such assets cannot be recognized on a balance sheet when internally generated, since it is very difficult to objectively value intellectual property assets (slightly different rules apply in the case of software). They can, however, be included in a balance sheet if acquired, which allows a more accurate valuation for the asset (which is the acquisition cost).

Intellectual Property is a broad categorical description for the set of intangibles owned and legally protected by a company from outside use or implementation without consent. Intellectual property can consist of patents, trade secrets, copyrights and trademarks, or simply ideas.

The concept of intellectual property relates to the fact that certain products of human intellect should be afforded the same protective rights that apply to physical property. Most developed economies have legal measures in place to protect both forms of property.

Companies are diligent when it comes to identifying and protecting intellectual property because it holds such high value in today’s increasingly knowledge-based economy. Extracting value from intellectual property and preventing others from deriving value from it is an important responsibility for any company.

Many forms of IP cannot be listed on the balance sheet as assets, but the value of such property tends to be reflected in the price of the stock. Management’s ability to manage these effectively and turn profits is just one example.

  • india patent invention

    December 6th, 2007

    A patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention. There are three types of patents namely utility, plant, and design patent.

    Inventions are of two types - patentable inventions and non-patentable inventions.

    The rules for Patentable inventions are as follows:

    An invention should not be related to the natural laws.

    An invention should not cause immorality or which causes serious prejudice to human, animal or plant life or health or to the environment.

    It may be a discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.

    The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus is not patentable unless such known process results in a new product or employs at least one new reactant.

    A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.

    The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not patentable

    A method of agriculture or horticulture is not patentable.

    Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value is not patentable.

    Plants and animals in whole or any part other than microorganisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals can be patented.

    A literary, dramatic, musical or artistic work or any other aesthetic creation, including cinematographic works and television productions can be patented.

    An invention related to atomic energy cannot be patented.

  • find patent and trademark attorneys

    December 6th, 2007

    Patents, trademarks and copyrights are areas that fall under intellectual property law because they are all considered intellectual property. In addition to there being attorneys that specialize in the broad intellectual property law area, there are also trademark attorneys, patent attorneys, and copyright lawyers that specifically deal with patents, trademarks and copyrights.

    These patent attorneys, trademark attorneys and copyrights attorneys can help you with legal issues surrounding the rights of ownership of patents, trademarks and copyrights; the application or registration of patents, trademarks and copyrights; licensing and transferring of rights; and the legal or illegal use of any of this intellectual property. The following are general descriptions of patents, trademarks and copyrights:

    * Trademark
    A trademark can be a logo, name, symbol, or device used to differentiate a product or service of one trader (or commercial entity) from that of another-brand identity. Trademark protection lasts for 10 years after registration, and is renewable.

    * Patent
    A patent is the grant of right to exclude others from making, using, selling, or importing an invention or discovery, including new and improved products and processes. Patents can be registered in foreign countries, last for 20 years and are renewable. But, if the patent expires, the exclusive rights to make, use, sell or import the invention or discovery is lost.

    * Copyright
    A Copyright is protection granted to authors of original authorship such as literary, dramatic, musical and artistic works, and computer software, as well as performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Example: The creators of your favorite music CD, movie, or computer game have a copyright on their work. Copyrights last for the life of an author plus 50 years.

    Because patents, trademarks and copyrights all fall under the broad area of intellectual property law, if you plan on obtaining a trademark, patent or copyright it is in your best interest to consult with a qualified trademark attorney, patent attorney or copyright lawyers to help you properly file for protection of your intellectual property. Find an attorney that’s right for you and your situation.