Frequently asked questions
What is Intellectual Property ?
In today’s knowledge economy, the products of the mind can be as precious as physical property, and often even more so.
What is intellectual property? Who creates it? Why is it important to society? How is it protected? How does it relate to economic development, the environment and the Internet? These pages provide at least some of the answers.
If intellectual property rights did not exist, many of the important products available to the public today may never have been developed or may never have come on the market. Penicillin, fibre optics, Thomas Edison’s electric lamp, An Wang’s computer technology, and the steam engine, were all protected by intellectual property rights.
In a society which places an ever-greater value on specialist knowledge and which looks for creative solutions to solve a diverse range of world problems, the need for a fair and efficient intellectual property system is paramount. Whether you are concerned with the Internet, the environment, pharmaceuticals or music, who owns what rights and how those rights are protected is something you should know.
Yet despite the fact that “intellectual property rights”, “trademarks”, “patents” and “copyright”, are widely used terms, many people still view them as abstract concepts better left in the hands of lawyers. As a result, important issues relating to intellectual property are confused by misunderstanding and ignorance, and rational discussion on key issues fails to take place.
What is Inventor ?
An intellectual property is created by an inventor. An inventor is narrowly defined as a person who, Alone or in combination with others, …
Conceives a complete and operative manner of :
- Performing a process,
- Making a machine,
- Manufacture, or
- Composition of matter, or
- Contributes to the conception or the mental development of the complete procedure by which the invention is achieved,
- To the degree it may be reduced to practice by one skilled in the art.
What is Intellectual Property Laws ?
Intellectual property law works to protect the creators, owners, and implementers of intellectual properties with the objective of making them available to benefit society.
What is a Patent?
A patent is a property right granted by the United States, and by other nations, which gives the holder the exclusive right to exclude others from manufacture, use, or sale of the invention.
What Is a Trademark or Service mark ?
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.
The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled “Basic Facts about Trademarks”.
What is Brand Name ?
A name or symbol used to identify a seller’s goods or services, and to differentiate them from those of competitors. Because a brand identifies a product’s or service’s source, thus protecting against competitors who may attempt to market similar goods or services, companies have an incentive to invest in the quality, consistency, and imagery of their brand. Branding dates back to ancient times, when names or marks appeared on such goods as bricks, pots, ointments and metals. In medieval Europe, trade guilds used brands to provide quality assurance for customers and legal protection for manufacturers.
What is Mark Use in Commerce ?
Use of a mark in commerce including use in presentations, information materials, books, marketing materials, advertisements, external Web sites, etc.