Introduction - Processes for Protecting Intellectual Property
As Intellectual Property can take a number of forms, there are also different processes for protecting it. Consequently, identifying the correct processes also involves assessing the form, or forms, that the Intellectual Property takes. In a business context this can be more involved, as the Intellectual Property is likely to be developed and commercialised - an important reason why a suitable IP strategy is prepared and followed from the outset.
As a general rule, ideas still in the head and which have taken no tangible form, are not yet recognised as protectable IP. Hence you are unlikely to have any rights to that great idea, or song, you thought of but did nothing about. However, if you scribbled it down on an envelope, made a sketch, or built a concept model then you have likely taken the first step towards establishing some rights to your Intellectual Property, and can at least make a claim to ownership to it.
However, there are both formal and informal processes for protecting your IP.
Informal processes tend to be free or inexpensive. However, such processes are not available or recognised in all countries, and the strength of any protection provided can also vary. There may also be a significant onus on you to have kept immaculate records of the conception and development of your invention. Further, enforcement of these rights may be much more difficult than for formal IP protection processes.
Formal processes usually seek government registration, or grants, of rights. This can be an expensive and drawn out process (which can sometimes be of advantage), but typically provide strong enforceable rights. These rights provide more certainty to the owner of the rights, which is why they are the first choice of business. They can also provide a range of commercialisation opportunities which are difficult, or impossible, with only rights obtained by informal processes.
Many business strategies rely on a combination of IP rights obtained by formal and informal processes. However, formal processes place a requirement on the inventor to undertake certain actions by certain dates - typically before any disclosure of the innovation. Patents, and registered trade marks are two examples of formal IP rights.
As Intellectual Property can take a number of forms, there are also different processes for protecting it. Consequently, identifying the correct processes also involves assessing the form, or forms, that the Intellectual Property takes. In a business context this can be more involved, as the Intellectual Property is likely to be developed and commercialised - an important reason why a suitable IP strategy is prepared and followed from the outset.
As a general rule, ideas still in the head and which have taken no tangible form, are not yet recognised as protectable IP. Hence you are unlikely to have any rights to that great idea, or song, you thought of but did nothing about. However, if you scribbled it down on an envelope, made a sketch, or built a concept model then you have likely taken the first step towards establishing some rights to your Intellectual Property, and can at least make a claim to ownership to it.
However, there are both formal and informal processes for protecting your IP.
Informal processes tend to be free or inexpensive. However, such processes are not available or recognised in all countries, and the strength of any protection provided can also vary. There may also be a significant onus on you to have kept immaculate records of the conception and development of your invention. Further, enforcement of these rights may be much more difficult than for formal IP protection processes.
Formal processes usually seek government registration, or grants, of rights. This can be an expensive and drawn out process (which can sometimes be of advantage), but typically provide strong enforceable rights. These rights provide more certainty to the owner of the rights, which is why they are the first choice of business. They can also provide a range of commercialisation opportunities which are difficult, or impossible, with only rights obtained by informal processes.
Many business strategies rely on a combination of IP rights obtained by formal and informal processes. However, formal processes place a requirement on the inventor to undertake certain actions by certain dates - typically before any disclosure of the innovation. Patents, and registered trade marks are two examples of formal IP rights.
You cannot claim ownership to an idea while it is still in your head. Documenting the idea is typically required as a form of recognising ownership.
Before any disclosure of your idea, consideration needs to be given to the strategy you will adopt for exploiting the idea. Failure to do this may leave you in a situation where you can only rely on informal processes for protecting IP. This may severely limit the extent by which you can exploit your idea.
Before any disclosure of your idea, consideration needs to be given to the strategy you will adopt for exploiting the idea. Failure to do this may leave you in a situation where you can only rely on informal processes for protecting IP. This may severely limit the extent by which you can exploit your idea.