Intellectual property law was designed to protect inventions, creative projects and designs. Investors and creators can even gain extra rights and access to more protection. Intellectual property includes two main categories –
- Industrial property – It refers to trademarks and patents.
- Copyright – It refers to artistic, creative, and literary works.
Intellectual property owner need to understand the importance of enforcing their rights because there are malicious minded people, who will intentionally claim your IP as their own. To alleviate the risk of intellectual property infringement, it is wise to have your creation registered officially with USPTO.
Reasons to register with USPTO
For trademarks & patents – You get legal authority to prevent somebody else from using what is yours without consent. Generally, trademarks and patents receive total credit protection from all states around the US.
For copyright – Copyright registration makes it easy to prove that the stolen work is your creation.
What happens if you don’t register your IP with UPSTO?
If you don’t get your trademark or patent registered as first creator then your chances to get it patented decreases because another creator of the same thing got it registered, before you. Once an invention gets patented, you get exclusive rights to use it for specific time duration.
You can launch a case against conversion or theft. However, you will need to prove that the alleged company or person stole it. The assumption is that initial registrar is the actual trademark or patent owner.
Tips to write IP applications properly for overall protection
Cover all the bases
Intellectual property contracts need to include terms of use clearly and ambiguously. In case, you are giving licence to another person make sure to outline extent of using your IP work clearly.
It needs to include that you will hold full rights, if license terms get violated. Intellectual property contract needs to cover widely, especially when it is transferred. To prevent instant change of ownership, tie transfer to other party with specific action like payment.
Use IP notices wherever applicable
Even if you got IP protection, it will not be damaging to state it clearly that you hold exclusive rights. The IP notice needs to be worded in simple understandable language the information on who is the owner of this IP.
It is crucial to include them on websites, where content is copied and repurposed, easily. Copyright notices prevent any communication errors in future.
IP protection is crucial at international level
In this era of globalization, it is vital to protect IP rights at international level. Government protects IP because they are aware that these promote their economic development and provides encouragement for technical innovations. It attracts investments, which creates new job opportunities for their people.
Intellectual property act is very complex, so interested business owners need to approach legal professionals to resolve IP issues. The extensive, rapid, and easy access to the World Wide Web has made it simple for e-data getting copied and exploited. This in turn has introduced new challenges for existing IP laws. In coming years, IP laws are going to see possible changes, so as to cover new demands introduced by digital platform.