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    1. MORE THAN ONE INVENTION DISCLOSED     When filing a new patent application, it is imperative that all essential components of an invention are to be disclosed in the Specific Description if the resultant scope of the Claims in a Granted Patent are to be commercially worthwhile.   It is no use being cagey and only disclosing that which you consider to be sufficient to obtain protection for your development.   If in doubt, it is most advantageous to use th ...
    1. THE INITIAL APPLICATION   When to file a Patent Application is a decision that cannot be taken lightly and will depend upon many factors, for example, if a product or process is to be disclosed to the public then the Application should be placed on file at the UK-IPO, i.e. the Patent Office, or any other Patent Office in the jurisdiction of choice before any disclosure to the public. The decision to file an Application may be necessary to keep ahead of the game in areas ...
JohnGrant

Submarine patents

Posted by JohnGrant Aug 29, 2012
    1. SUBMARINE PATENTS   Submarine Patents were prevalent under United States Patent Law before that country signed up to TRIPS i.e. Trade Related Aspects of Intellectual Property. However, US Patent Law has been brought into line with that of other signatories to the TRIPS Agreement. Consequently, Patent Applications are published 18 months after their filing date, i.e. the Priority Date of the Application. Even where an original Patent Application is followed by a Continu ...
      In general terms all ‘Inventions’ are the subjects of ‘Innovative development; however, Innovations are not always an Invention within the meaning ascribed thereto by the UK Patent Act 1977.         1. ‘INNOVATION’   The Collins English Dictionary definition of ‘innovation’ is ‘something newly introduced, such as a new method or device’ and ‘the act of innovating’.   The act ...
    1. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (IPRs)   The downside of establishing a commercially viable product in the market place is that the company’s competitors will try to emulate the company’s success by any means, foul or otherwise, that leads to an inevitable erosion of the company’s market position. When an SME, viz. a Small to Medium sized Enterprise, is faced with this type of problem, it is often the case that the necessary actions to re ...
      1. IDENTIFYING A BUSINESS PARTNER     When choosing a business partner, whether you are forming a joint venture company or licensing a third party to manufacture, use and/or distribute the licensed products, you should only proceed when you and your legal advisers are satisfied that the credentials of any business partner are first class.   If there are any doubts about the success and track record of a potential business partner, you should err on the sid ...
  1. TO PATENT OR NOT TO PATENT   Before taking steps to protect an invention by way of a patent, it is essential that appropriate searches be conducted in order to determine whether the invention is novel and whether the protection that could be obtained is broad enough to prevent third parties from plagiarising a business opportunity simply by avoiding infringement of a narrow monopoly.     2. THE PATENT SEARCH A search for prior art in relation to an new developmen ...
    IP in business includes know-how, trade secrets, methodology, schemes, efficiency in staff deployment, company management, manufacturing, distribution, sales policies and any other facet of the business operations that generates wealth for the business and its stakeholders.     The secrets of the business are best served if the IP of the business is zealously guarded against misuse by those within the business in that the IP is only disclosed within the business on a ne ...
JohnGrant

Confidentiality

Posted by JohnGrant May 22, 2012
    1. CONFIDENTIALITY IN BUSINESS PLANS   In order to fully protect the interests of a company or the creator(s) in regard to the implementation of a new business strategy, it is of paramount importance that the dissemination of confidential information relating to the business strategy is only made known to those in-house personnel who have a need to know in order to fulfil their contractual obligations to the company If no provisions are put in place, the fortunes of a co ...
    1. INVENTIONS     An invention, i.e. a product, a process of manufacture and/or a composition for a new material or pharmaceutical may be protected by a granted or issued patent; however, if it is possible, an invention, e.g. a manufacturing process and/or the composition of a new material may be kept under a veil of secrecy and benefit the business by not being disclosed in a patent specification that would otherwise be published 18 months after the filing of a patent ...
  IPRs in the parlance of Intellectual Property Attorneys, and other IPR experts, generally includes Patents, Design Rights, Trade Marks and Copyrights. Intellectual Property Attorneys are also well versed in the other Intellectual Property, IP, that is created within a business such as the know-how, trade secrets, methodology, schemes, efficiency in staff deployment, company management, manufacturing, distribution, sales policies and any other facet of business operations that generate ...
    Protection of an invention, a creative design, a trade mark and copyright is a prerequisite if you are starting a business and/or seeking a route to market for a new product. In order to appreciate the most cost effective way of ensuring that the interests of you and/or your business are best served, it is imperative that you have some knowledge of the different forms of protection for your Intellectual Property Rights (IPRs).     1. PROTECTING AN INVENTION An inven ...