Common types of Intellectual Property - the Invention
The most common form of Intellectual Property relates to the invention - a new product, or way of producing or doing something. What defines most inventions is that they have functional aspects or are based on a working principle or method.
Inventions may, for example, include:
- new and novel appartus or equipment;
- new, or old products which have been adapted, to function in a new and novel way;
- a new and novel method of doing something;
- a new method of diagnosis or testing;
- new treatments for materials;
- new medical or veterinary treatments;
- new compounds, pharmaceuticals, or alloys ....
For inventions the main form of protection is the patent, though copyright and design registration are also commonly used. Other forms of protection (Circuit Board Design protection, etc.) may also be applicable.
Most inventions have variations - i.e. there is more than one way to skin a rabbit. The beauty of the patent, as opposed to other forms of protection, is that it can often cover different forms of implementing a concept or idea. Hence a well drafted patent has the potential to protect you against variations and imitations which competitors may devise to avoid infringing your patent. The degree by which they must vary the design has nothing to do with percentage - it is based more on whether they have taken the essence of your invention as claimed in the patent.
However, patent protection must be sought before there is any use or disclosure of the invention. Some countries such as the US provide up to 12 months leeway for inventors, but the odds are that you will need protection in countries who do not provide this option. Many US inventors have been caught out when they have sought protection for their invention overseas.
Sometimes, inventions which are products, may work best when they designed to have a particular shape. The shape may also become symbolic of the company that produces the product - an iconic example is the traditional Coca Cola bottle. In such cases there may also be strategic advantage in protecting the design through Registered Design (Design Patent in the US) protection, and/or copyright (which is an informal non-registered form of protection in many countries, or may not exist at all).
The most common form of Intellectual Property relates to the invention - a new product, or way of producing or doing something. What defines most inventions is that they have functional aspects or are based on a working principle or method.
Inventions may, for example, include:
- new and novel appartus or equipment;
- new, or old products which have been adapted, to function in a new and novel way;
- a new and novel method of doing something;
- a new method of diagnosis or testing;
- new treatments for materials;
- new medical or veterinary treatments;
- new compounds, pharmaceuticals, or alloys ....
For inventions the main form of protection is the patent, though copyright and design registration are also commonly used. Other forms of protection (Circuit Board Design protection, etc.) may also be applicable.
Most inventions have variations - i.e. there is more than one way to skin a rabbit. The beauty of the patent, as opposed to other forms of protection, is that it can often cover different forms of implementing a concept or idea. Hence a well drafted patent has the potential to protect you against variations and imitations which competitors may devise to avoid infringing your patent. The degree by which they must vary the design has nothing to do with percentage - it is based more on whether they have taken the essence of your invention as claimed in the patent.
However, patent protection must be sought before there is any use or disclosure of the invention. Some countries such as the US provide up to 12 months leeway for inventors, but the odds are that you will need protection in countries who do not provide this option. Many US inventors have been caught out when they have sought protection for their invention overseas.
Sometimes, inventions which are products, may work best when they designed to have a particular shape. The shape may also become symbolic of the company that produces the product - an iconic example is the traditional Coca Cola bottle. In such cases there may also be strategic advantage in protecting the design through Registered Design (Design Patent in the US) protection, and/or copyright (which is an informal non-registered form of protection in many countries, or may not exist at all).
Avoiding infringement by varying by 10% is an urban myth. This is not how IP works. A well drafted patent for a new innovative invention may completely thwart would-be competitors for years.
Part of any good Intellectual Property strategy is to decided what, and where, to place obstacles for competitors so they cannot move forward (or only with great difficulty) to compete with you. Such obstacles typically comprise registered forms of IP.
Part of any good Intellectual Property strategy is to decided what, and where, to place obstacles for competitors so they cannot move forward (or only with great difficulty) to compete with you. Such obstacles typically comprise registered forms of IP.