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Business Law

How are Intellectual Property Rights Obtained?

Patents are obtained, in the United States, by filing and “prosecuting” patent applications in the United States Patent & Trademark Office. Also inventors can obtain patent rights in foreign countries by filing patent applications in those countries.

Trademarks and Service Marks

Trademark and service mark rights are obtained by being the first to use the mark in connection with the sale of a particular class of goods or services. “Common law” rights are obtained by being the first to use a mark but the rights obtained may be geographically restricted. Federal trademark or service mark rights, which are national in scope, are obtained by filing an application with the United States Patent and Trademark Office. The application must indicate that the applicant has used the mark in interstate commerce or intends to use the mark in interstate commerce. You can always hire professionals, such as patent services InventHelp agency to help you.

Copyrights

Copyrights are obtained through publication of original works of authorship. Copyrights may be registered by filing an application with the Register of Copyrights in Washington, D.C.

Trade Secrets

Trade secret rights are secured by putting in place procedures that are designed to prevent trade secret information from being improperly disclosed to others or improperly obtained by others. These procedures include steps such as requiring employees to sign confidentiality agreements; requiring prospective business partners to sign confidential disclosure agreements; restricting disclosure of trade secret information to employees on a “need to know” basis; marking documents that contain trade secret information with “Confidential” stamps and providing physical security at your place of business (e.g., requiring visitors to sign in and out and keeping confidential documents stored in secure filing areas).

How can I protect my inventions and ideas in foreign countries?

Most of the industrialized countries of the world have signed international treaties for the protection of intellectual property. Lawyer can help you secure patent rights in foreign countries by filing foreign patent applications under the Patent Cooperation Treaty. While the scope of available patent protection may vary somewhat from country to country, patent service InventHelp agency can advise you on patent strategies to maximize protection of your inventions outside the U.S. can also refer you to foreign experts in the fields of trademark, copyright and trade secret protection.