Since the last article skopipastili, ask for a human this time, copy-paste, though with a link to my blog -. http://dennydov. livejournal. com /.
Actually famously, steal an article about intellectual property:).
So there you go.
This part helped me to write Gene Winokur, a specialist in intellectual property from Boston (another technological cluster after Silicon Valley ), for which he was New Year's Eve. His comments marked with **.
intellectual property.
Very often the technology business called 'IP Based Business' refers to the expression under the IP Intellectual Property. This means that the company is based on the commercialization of intellectual property.
It is said that the first example of such commercialization has become a pencil with an eraser at the other end. The man who invented it, and successfully obtained a patent licensed rights to its use of several companies that produce pencils. For about 1 cent on each thousand pencils. This is only one way to commercialize intellectual property. Technology companies typically develop and sell products based on unique technology, which gives this product a strong competitive advantage. This advantage should provide a large share of existing markets or the development of radically new markets and lead to them.
By the intellectual property we assign:.
- Ideas and inventions.
- Know how.
- Trade marks.
- Texts, pictures and other works.
Do not dwell on that, what is necessary to protect intellectual property. We turn our attention to the following points:.
Having described and protected intellectual property allows it to dispose of. The agreement on the use of one of the items was listed clear definitions of objects and subjects of intellectual property and proprietary rights. Non-formalized the idea may not be so transmitted to third parties, respectively, of not impossible to make a profit.
Intellectual property should be protected in certain wounds. Markets must be defined geographically ( to protect it is necessary in each country separately) and Segment.
Consider the basic ways to protect intellectual property.
patents.
Patent - a document issued by the special authority of the country, which defines the exclusive rights (use, make, sale, or import), authorship and priority of invention or industrial design within a certain time (depending on the country) and in a certain area ( in the field of .
patents allow.
- Neutralize competitors ( a monopoly ).
- To protect the market before entering it.
- To get the piano.
- To protect his invention by reverse engineering,.
- * To protect the functionality of. A patent protects not only the 'what' we do, but 'how' we do.
Disadvantages of patents:.
- Disclosure of the claims. Thus the public are becoming clear to the invention. Thus, competitors pushed to find a solution to the market that does not violate a patent. Thus we see that the narrower patent, so he closes the scope of. Let us recall the classical example of 17 degrees.
- Infringement of a patent is difficult to detect.
- Obtain a patent is expensive. The cost of obtaining a patent varies from 5k to 100k USD. Depending on the subject of patents, industry and geography.
- Courts of violations of patents road. On the patent wars, we separately discuss below.
- Limited time.
Conditions for patentability:.
- novelty. This invention is not to be already known.
- An inventive step. T. e. it does not have obvious flow from existing inventions or technical solutions.
- To be industrially applicable. The invention can be applied in practice in any industry.
obtaining a patent.
Since the patent expensive procedure. The cost of obtaining a patent consists of preparing a patent application, the possible obligatory payments and an appeal against refusal.
Most often, the inventors can not obtain a patent on their own ( sometimes this is due to the lack of legal literacy, but the main problem is that the patent should protect in certain markets, and such application has to issue more complicated ), and then hired patent lawyers ( we still have Institute . The total cost of obtaining a patent can take from 3 thousand to 20 thousand U.S. dollars (very rarely amounts can reach up to 100,000 U.S. dollars). Clearly, not all aspiring entrepreneurs, inventors and engineers can not afford to spend so much. If we work in the technology business, we can hope for is that our company for the foreseeable future will fund investors. And that means you can use other methods of obtaining a patent, which allows you to not spend a lot of money right away, stretch the waste. By this method to treat provizhn (provisional) application.
Provizhn application is submitted in any form in any language. This can be done via the internet and it is worth just over U.S. $ 100. I strongly recommend to do two things:.
- A preliminary search for open source. If the leading search engines and search for patents in Google did not find anything, then there is a very good chance that the field of pure. * But there is a possibility that you are not looking for the right *. Better to spend a few hundred dollars and hire a patent lawyer for this, which have also their own databases.
- To think very carefully the text and the language.
Normally it costs in Silicon Valley from 600 to 1000 dollars. And the price depends on how much an hour of your patent attorney. All of this ( the lawyer will take some time to check that the order for possible conflicts of interest with his current clients) up to two weeks.
Thus, the application gives you a year to find funding and to prepare an application for patent filing.
A separate PCT (. Patent Cooperation Treaty) - the Patent Cooperation Treaty. Such a request is made, as a full patent, but gives priority in 127 countries, signatories to the agreement. However, this means that within 30 months must submit patent applications in each country in which you want to protect themselves.
Typically, technology start-ups go to the markets of the U.S. Patent and get it out there. The reasons for the fact there are a few:.
- In itself a huge market, which is receptive to innovation and solvent.
- homogeneous.
Separately, to search for patents: a search for a startup gives invaluable information:.
- Which is already in this subject area.
- What my competitors are doing?.
In the U.S. you can patent a business model (* But it is getting harder and harder *). Sometimes an innovative way to generate income can be a very strong competitive advantage.
In fact, a patent is not so simple. When the inventor has invented something and decided to file a patent application, it appears that someone has once received a patent for an invention is the same or very close. So what's all just a patent only if you come up with something really new and revolutionary.
Trade secrets. :.
In this case, a new invention or idea is kept secret. By maintaining a secret technology, we mean a set of activities that includes:.
- Restrict access to parts of technology that contains trade secrets.
- NDA.
- Development of policies for the protection and disclosure.
- Verification of attentive people who recruit for work.
This method of protection has several advantages:.
- The essence of the secret is not disclosed publicly, it is very important in the case when competitors do not even know which side to approach the problem.
- Expire. Unlike a patent, which has a validity period, trade secret can be kept indefinitely. Thus, for example, Coca -Cola will not disclose the formula beverage. She knows a few people in the world. Already more than a dozen years.
- Low cost. This is actually a very conditional on the fact a trade secret preservation in general, can cost quite expensive ( ranging from lawyers, who make up the contract and finish the service of information security within the company).
As with any method, it has its drawbacks.
- In violation of the NDA - nothing will save the.
- Possible to obtain competitive secret, when reverce engineering. In this case, no one can stop competitors from using technology.
- There is no protection against the development of a '0 ', investing enough resources in the development, there is some probability that competitors will have a similar result.
- And if you keep a secret for over a year, it really is impossible to apply for a patent.
Neither the patent nor the preservation of secret technology is not 100% protection of intellectual property. From my experience I can say that the combination provides maximum protection of the secret and patent.
Copyright.
Copyright - protection of the rights to:.
- Literary works (print, painting, music, etc. e).
- Software.
In this aspect, it is interesting that copyright can protect two key points:.
- The source code of the software.
- Interface design, program, or website.
- Content (articles on the website, the musical content, and more).
It is thus protected by the leading media companies from pirates.
Validity of this protection: the life of the author of 20-50 years (depending on country). After the death of the author's income, which generates the intellectual property, protected by copyright, are the heirs of the author.
* Compulsory payments in this case in the U.S. is 50 USD, the work of a lawyer could cost another 250 USD *.
The disadvantages of this method are only two:.
- This method can not ensure the protection of intellectual property kompleknuyu. (censored).
- Infringement of copyright is difficult to track, that's why the pirates around the world with impunity, distribute unlicensed software, videos and music.
- You can not protect the functionality of the program.
- If someone is copying the work is not repeated, then the copyright is no longer working.
Protecting the brand.
The word, name, symbol, device or combination of them, adapted for use by anyone for production and (or) the sale of products or services in order to distance itself from other manufacturers or vendors. All brands are built on the recognition and reputation. Lack of protection for the brand allows you to:.
- Successfully moving the products of competitors who counterfeited products with your brand awareness in which you have invested a lot of money.
- Cause damage to your brand by selling poor quality products, using its.
Major schemes in dealing with intellectual property include:.
- licensing. (censored).
- Joint development of (censored).
- A cross- licensing (censored).
- Development of custom-made (censored).
Typical of the license agreement:.
- Ownership of intellectual property (which is why it is important to protect the patent or copyright intellectual property - that I was documented evidence of ownership ).
- The right to use intellectual property.
- Payment plans.
- royyalti.
- License fees.
- Consulting fees.
- Support.
- Responsible parties.
- time.
- Termination of agreement.
patent trolls.
Patent trolls - a person or organization who bought exclusive rights to intellectual property of others in order to further its licensing. If it is not themselves engaged in the organization of business and waiting for it from companies that use technology to their business idea or earn enough money to sue them. In terms of legislation they are working in the legal field, and it is their business is legal. From an ethical standpoint, such activities raises many questions.
The patent war.
The patent war - this is when the company suing for infringement of patents. Usually judged on suspicion of violating the patents and is a good way to attack rivals. Such courts are usually expensive, last a long time and often end extra-judicial settlement of the issue. In the case of start-ups is a very good way to get rid of a competitor. If one of the big companies suddenly ' suspected ' start-up of patent infringement, then there is a very good chance that a startup simply not enough money to lead a long and costly trial and he was bankrupt, even if he did not violate anyone's patents.
Disposal of Intellectual Property.
There are two intellectual property rights - copyrights and property rights. All rights are inalienable - rights of copyright means that a person came up with a product or idea. Denying this right can be used only if the court is able to prove that the person was not involved in the development of. Well, for example, when the chief makes a group of developers to write their name in the patent. In this case, the court may be appealed to the copyright, although it is not easy.
Property rights - a right to dispose of the right to receive income from intellectual property. This right is alienated. If multiple authors, they all have the same rights to intellectual property and can dispose of it independently of each other. It is therefore almost always together with the patent, the authors conclude an agreement in which the mutual obligations prescribed in the possession of such intellectual property.
It is on property rights and technology based business.