Xellect
Home | Mission | Profile | IP BLog | FAQs | Contact Us | Site Map  
Xellect
Xellect

FAQs

      What does a patent protect?
      What does a copyright protect?
      Software- copyright or patent?
      What are tradesecrets?
      What is a trademark?
      What is a servicemark?
      What is a geographical indicator (GI)?
      What is a lifeterm of a patent, trademark or copyright?
      What is IP strategy?
      What is portfolio management?
      What is an IP audit?
      What is IP Analysis?
      How does search and analysis (S&A) help R&D?
      What is the link between R&D and IP/patent?
      What is a world patent?
      When should I file for PCT application or advantages of filing a PCT application?
      Is patent a legal or technical document?


What does a patent protect?

Patent protects a new and useful invention. Patent provides a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a full disclosure of an invention.

What does a copyright protect?

Copyright protects “every expression and production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression”.
Copyright protection does not extend to: ideas, procedures, methods of operation, mathematical concepts.

Software- copyright or patent?

Computer software is copyright protected. Law relating to the patentability of it still not harmonized internationally. Some countries allow patenting it but others recognize inventions assisted by computer software.
top

What are tradesecrets?

Some sort of information that:
(a) is not generally known to the relevant portion of the public
(b) is the subject of reasonable efforts to maintain its secrecy
(c) confers some sort of economic benefit on its holder
(d) may be used to obtain an advantage over competitors or customers.

What is a trademark?

Trademarks are distinctive signs, used to differentiate between identical or similar goods offered by different producers or service providers.

What is a servicemark?

Servicemarks are distinctive signs, used to differentiate between identical or similar services offered by different producers or services providers.

What is a geographical indicator (GI)?

Geographical Indicator (GI) is a sign used on goods that has a specific geographical origin. These goods possess qualities or a reputation that are due to that place of origin.
top

What is a lifeterm of a patent, trademark or copyright?

Patent is usually valid for 20 years, trademark is unlimited in duration and copyright is valid usually for life of author + 70 years.

What is IP strategy?

IP strategy is a proactive and planned process for positioning an organization for market success by effective synergies between research, product launch or licensing activities.

What is portfolio management?

Portfolio management is a systematic management of several patents that protect one or more product lines.

What is an IP audit?

IP Audit is defined as a systematic review of the IP assets owned, used or acquired by a business in light of specific business goals.
top

What is IP Analysis?

IP Analysis includes search, review and recommendation to guide either research or other business activity. Some of the analysis include:

• Landscape
• Invalidity
• Freedom-to-Operate
• Infringement
• Enforcement
• Patentability

How does search and analysis (S&A) help R&D?

S&A provides several useful inputs to provide right direction to research efforts, for example technology trend landscape provides technology gap areas, competitor technology watch provides a view of research direction for a competitor and similarly several other important facets can be uncovered that help to focus research for business competitiveness.

What is the link between R&D and IP/patent?

The output of R&D is usually is a novel technical solution to an existing or forecasted problem. Patent is a vehicle that takes the solution and makes it public to the entire world and ensures that developers of the solution enjoy some rights for their efforts.
top

What is a world patent?

There is nothing called a “world patent”. Patent applications filed with WIPO (World Intellectual Property Organization) are sometimes confused as world patents. WIPO simply provides a useful filing mechanism through PCT (Patent Cooperation Treaty), where an applicant can file the same application at one time in different countries. But the actual Patent is granted or rejected by the Patent Office of the specific country/ multiple countries selected.

When should I file for PCT application or advantages of filing a PCT application?

PCT application is useful when the applicant would like
- to be more sure about the novelty of his/her invention. The PCT searching and examination procedure provides search and examination reports to the applicant which the applicant can effectively use before actually filing in different countries
- to buy more time before the applicant can decide which countries should be selected for patent filing. If the applicant does not use the PCT system, then he/she has to decide within 12 months of first filing, which other countries he/she should file. In contrast, through the PCT system, the applicant gets additional 18 months i.e a total of 30 months from the PCT filing date to decide which specific countries to file.

Is patent a legal or technical document?

Both. Patent provides legal rights to the patentee and is enforceable in a court of law, therefore is a legal document. Patent explains and describes a novel invention i.e. is a technical solution for a problem and therefore is a technical document.
top



Xellect