Is it necessary to register a idea?

An idea is an intangible concept, but If you believe it could be a valuable asset to a person or business, you should treat it as intellectual property consider the many routes to patent an idea. Patents are valuable for protecting an idea and your inherent intellectual property rights.

Vietnam Patent 

Intellectual property is generally broken into four categories:

Trade Secret

Patent

Trademark

Copyright

Of these forms of intellectual property protection, trade secret most closely related to the protection of an idea. Common law protects information (including ideas) that have value to a company as well as your intellectual property rights to own and use the concept. Basically, the idea must have some economic value, not be generally known to the public, and subject to protection by the company.

Patent rights relate to protection an invention, such as a process, machine, or composition of matter that is novel, non-obvious, and (in the case of a utility patent) useful. While these relate to a physical creation, the patent rights apply to the claimed attributes of the invention. In this way, it could be said that a patent relates to the protection of an idea that has materialized.

Trademark concerns any symbol, mark, word, phrase, or sound that comes to represent a business’s products, services, or brand. It is only loosely related to the concept of protecting an idea.

Copyright concerns the recording of original, creative expressions. The creative expression might be a novel way of saying something. This concept is related, but still distinct from the idea itself.

Trade Secret Protection for an Idea

Trade secret protection covers formulas, processes or methods, or compilations of information, and can be effective when trying to patent an idea. These intellectual property rights allow you to take action if the information is misappropriated or used without consent. Of course, if a third party is able to figure out the information on their own, then there is no misappropriation. Perhaps some of the most well-known trade secrets are Coca-Cola’s formula and KFC’s secret recipe. Most businesses have client lists or other compilations of information that constitute trade secrets.

The major benefit of trade secret protection is that the protective rights continue indefinitely. The rights in the information are lost when the information becomes commonly known or the company stops taking reasonable steps to protect the information.

Utility Patent for an Idea

Inventors often begin with an idea. To seek utility patent protection of that idea, the inventor must demonstrate how the idea can be transformed or assembled into a novel, non-obvious, and useful invention. The claimed elements of the invention that bear these characteristics are really physical representation of the idea itself. That idea must not have been commonly known to the public at the time of filing for patent protection. A design patent regards the ornamental or aesthetic elements of an article of manufacture. In this way, the patent rights protect a design concept or idea.

Consultant Intellectual Property Lawyer

Determining whether an idea can be protected is the most difficult aspect of intellectual property law. It is very difficult to show the novelty or uniqueness of a creation. Nonetheless, the USPTO issues thousands of patents every year to creators. At the same time, it issues thousands of rejections to applications. Don’t try to navigate this legal maze alone. The experienced intellectual property lawyers  at ANTLawyers.vn are both experienced and affordable. They can provide support in identifying creations that are capable of intellectual property protection, securing those intellectual property rights, and providing on-going protection of those rights.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients

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How do I write a good provisional patent application?

A provisional patent - as you may already know - helps you buy some time (up to a year ) as you market and possibly develop your idea. This way, if the idea gains traction at some point during the year, you can convert this provisional patent to a fully-fledged utility patent. If not this, you can simply let it expire or lapse after testing the waters and realizing that it wasn't such a good idea to invest hundred of hours and thousands of dollars paying for a utility patent.

Nationalize PCT Patent Application in Vietnam

That being said, here is a quick primer on how to craft a provisional patent:

1. Research Thoroughly

Even before of thinking of filing for a provisional patent, you should first of all do a comprehensive patent search to know whether or not the idea you are interested in has already received another patent protection. Apart from that, conducting a separate search to ascertain that there haven't been any similar inventions that are patented is also a good way of avoiding a corporate lawsuit later. At the same time, you are also likely to come across suggestions of many available unpatented ideas that are in case yours is already taken. Either way, doing a thorough patent search is inevitable as long as you are considering to copyright your innovation.

2. Be Simple, Focused but Thorough

The provisional patent application ought to paint the picture of a unique innovation by listing the specific features/benefits that prove its novelty. In other words, a well-thought and thorough profile is likely to increase the chances of your application getting approved.

3. The Application Package

The full application package ought to tie in the following;

a. The specification of the innovation

b. A drawing of the innovation

c. The filing fee

d. The USPTO Cover

As far as the main body goes, it should consist of the Description of the Innovation, Tittle, Abstract, and the Claim.

Nowadays, you also have to include the drawings of the invention. These can be scanned into the main text area, sketched by hand or designed by CAD, manuals, design software or Powerpoint. Next up is the Claims that describe in detail what the patent seeks to protect. You don't have to include this, but it is recommended that you have them on your provisional patent application.

Lastly, you will have to paste an abstract that summarizes your invention. For this part, it is easier to re-state ( in a few words ) what you had described in the Claims.

The best way to draft a provisional patent application? Ideally, it’s with the assistance of a patentattorney. Patent lawyers do this stuff for a living and will maneuver the application process so that your utility patent application will be a seamless experience. Feel free to visit ANTLawyers.vn. Our legal marketplace is competitively priced, easy-to-use, and backed by a satisfaction guarantee. We offer free consultations to help make sure you’re hiring an attorney that will help you grow your vision. Good luck!

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Can an inventor and a company share patent rights?

Patent rights can certainly be shared between a company and an inventor. In fact, patent rights can be shared by any combination of people and/or entities you can imagine. I’ve attempted to answer.

Who initially owns patent rights?

Under United States patent law, the inventor (or inventors) of a patent own the patent rights unless and until they assign the patent to another person or entity. This means that in the absence of a transfer of rights, the inventor/inventors are the sole owner of the patent rights.

How are patent rights transferred?

Patent rights can only be transferred through a written document. In other words, an oral agreement will not transfer any rights. This requirement means that it is critical to create written agreements for all transfers of patent rights.

How can an inventor transfer some rights to a company?

A patent owner (including an inventor) can transfer some or all of the rights that come with a patent. A patent creates a number of rights, and you can transfer some or all of them via a license or assignment of rights. You also can create a contract that is separate from a patent transfer that entitles someone else to a portion of any revenue created through an invention.

Are there risks of joint ownership?

One issue to consider is that having multiple owners of a patent creates a number of potential risks. One of the rights that comes with a patent is the right to prevent other people from making, using, selling, offering to sell, or import the invention. If a patent is owned by multiple parties, ANY of the owners can provide a license to a third party that provides this right. In other words, a single owner could grant rights to a third party to make, use, sell, offer to sell, or import the invention.

Before you decide how patent rights will be owned and before agreeing to any transfers, you should consult with an intellectual property lawyer who can help you create an overall intellectual property plan. If you’re interested in learning how to create an intellectual property plan, you can contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Source: Quora

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