Registration of Intellectual Property Rights in the USA

Companies are in general assiduous about the identification and protection of their Intellectual Property rights. Protecting the identity and value is the prime responsibility of any company. Though the I.P. is an intangible asset, it may be more valuable than the physical assets. If one decides to run a Business in the USA, it is vital to understand the rights and protection you get over the Intellectual property and tools to safeguard them.

Introduction

Companies are in general assiduous about the identification and protection of their Intellectual Property rights. Protecting the identity and value is the prime responsibility of any company. Though the I.P. is an intangible asset, it may be more valuable than the physical assets. If one decides to run a Business in the USA, it is vital to understand the rights and protection you get over the Intellectual property and tools to safeguard them.

What is Intellectual Property?

According to the World Intellectual Property Organization (WIPO), a global form defines Intellectual Property as the creations of the mind, which include Literary, artistic words, symbols or designs used in commerce. It enables the creators to get reorganization and financial benefit from the inventions they made.

Registration of Intellectual Property Rights:

Some common types of I.P. include Patents, Trademarks, Copyrights, Design rights. Registration of Intellectual Property is not mandatory, but it acts as evidence for ownership of the creation and prevents others from exploiting your creations. Copyrights, Common law trademarks, Trade secrets, etc., are some of the examples of Unregistered I.P.

Registration of Patents:

According to World Intellectual property Organization, A patent is an exclusive right granted to an individual for the invention of any product, process, or new solution to any technical problem. In order to acquire patent protection, one must register their invention with United States Patent and Trademark Office (USPTO). However, such invention should not be discovered or in use already. One can apply for a Utility Patent, Design Patent, or Plant patent based on the discovery, having said that the majority patents are Utility Patent which protects innovation and technology.

According to U.S. Law, after the registration, the patent protection is granted to the inventor over the discovery or an invention for the term of 20 years in general from the date of application wherein no person gets to use or distribute the discovery. If such an invention is revealed to the public without patent protection, the inventor gets one year of grace period to register.

In order to register patents, it is suggested to appoint a patent attorney to assist you with the application process as it is pretty complex. According to the U.S Code, the patent involves filing the patent and Patent fees and prosecution. The first step is to apply for a customer number and pay the prescribed application fees, which may vary depending on your application. A provisional application should be filed as Currently, and The USPTO operates from the principle “First-to-invent” to “First to file the invention.”

A Provisional application consists of three main elements, which include the description of the invention in writing, necessary drawings, and the filing fees. The written description of the invention includes:

Title of invention
Purpose of such invention
Use of such invention
Description of drawings
Background of the invention
Claims if any
Detailed description of invention
Abstract of the Disclosure
Application Data Sheet
Statement regarding any federally sponsored research and development if any
Summary of Invention

The Non-provisional application requires all these sections, while the provisional application does not require all these.

For the Drawings of invention, the USPTO Suggests six formats which include any flow charts, straight lines, any view, photographs, handmade drawings, or labeling using numbers

A provisional patent is informal and quick to file, generally done to avoid patent costs. A non-Provisional application is quite long and complicated. In addition to the Non-provisional application and fees, these are the forms that are required

Oath and declaration from the inventor/Inventor’s
A receipt of the documents mailed to the USPTO
Power of Attorney

In addition to this, one can add advantages and alternative ways to achieve results for the invention. The name of the inventor must be mentioned while filing. Once the patent is approved, it is necessary to pay the maintenance fee in every country where the patent has been given or granted.

Registration of Trademark

According to World Intellectual Property Organisation (WIPO), Trademark is defined as a sign, be it a word name or a symbol that distinguishes the goods and services of one enterprise from others.

In the USA, Trademark registration is an optional procedure and is not a legal requirement. Trademark Registration gives an exclusive right and holds several advantages to its owner or to the party to whom the license is granted in return for some payment. Trademark is an important tool for the communication of the identity of a brand. It shows a positive impact on sales, advertising, and marketing.

The first party to use any trademark is the one who commercially holds the rights. Trademark registration provides a notice to the public that the registrants hold the rights against it. Such registration with USPTO enables the registrants to use the symbol “®,” and the protection is enforced through court orders.

These are some requirements for the trademark registration

Identification and classification of goods and services – The classification helps in determining the application costs per class, and the standard form fee is $270 per class
To determine if anyone else registered by the same mark using Trademark Electronic Search System (TESS)
There must be bone fide use of the mark for trade purposes instead to just use it to reserve rights.

The application can be filed through the USPTO’s portal, Trademark Electronic Application Submission International (TEASi)

Registering a Trademark can be complicated, so it is suggested to appoint or seek legal advice before any step. Once the registration is done, it will be recorded with U.S. Customs and Border Protection (CBP). The term of trademark registration is generally ten years, and it can be renewed anytime on payment of fees.

Registration of Copyright:

World Intellectual Property Organization (WIPO) defines Copyright as the rights of the creators over the literary as well as the artistic work. Literary includes books, articles, journals, research work and so on, while artistic works include photographs, images, or any three-dimensional artworks. The registration is not required, but it is advisable to register with the authorities as there will be an option to get statutory damages

The Copyrights allow the author to claim the damages or reward for the use of their works. It protects the rights of the author to authorize or prevent the use of his work. The works that have been registered after January 1, 1978, are protected until the death of the author with an addition of 70 years in case of death.

The U.S. copyrights office has an application to fill, which can be done by the copyright holder. This process takes 120 days in general to get the approval. The documents that must be submitted along with the application form include one copy of the work being registered and the filing fee. Once the registration is approved, it enables copyright holders to use the symbol “©” on their works and could help with any legal issues.

Conclusion:

The main objective of I.P. laws is to encourage the creation of Intellectual property, prioritize Intellectual Property protection and register the I.P. to protect and safeguard the rights over the creation. Importantly start-up, one must be so careful when it comes to I.P. decisions. The process might be complicated so, it is always advised to appoint a Legal advisor before moving on with any process.

References:

BY- PURIMETLA. SRIJA