企業(yè)組織形式(文件)
【正文】 e art of the invention’s area should be able to use or practice the invention ? Has a life of 12 months will be abandoned unless a regular patent application is filed 30 Regular Patent Application Requirements常規(guī)專利申請要求 ? A detailed written description of the invention detailed drawings of how the invention works ? One or more claims justifying why the invention should be patented ? Inventor must indicate the “best use” or method of practicing or carrying out the invention 31 Why Might Your Patent Application be Rejected? For a patent application to be accepted, the invention must be: ?Useful有用 the invention cannot just “do nothing” ?Novel新創(chuàng) the invention was not previously produced, described in a publication, or patented ?NonObvious“非顯而易見” invention should be “nonobvious” to a person with ordinary skills in the art of the invention’s area or subject 32 Why Might Your Patent Application be Rejected (cont’d)? Timing of filing the application ? must be filed within one year of first introduction to the public ? in the future, it may be necessary to file prior to any public disclosure or use 33 What Does Having a Patent do for the Inventor? ? The government does not enforce your rights ? The burden of enforcing the patent lies with the inventor and enforcement can be costly ? Records indicate that over onehalf of patent infringement suits taken to court are not upheld on behalf of the inventor 34 Trade Secrets商業(yè)秘密 ? Trade secrets: intellectual property rights in the form of inventions information (., formulas, processes, customer lists, etc.) ? Trade secrets are not generally known to others convey economic advantages to the holders 35 Trade Secrets (continued) ? Why Consider Protection as a Trade Secret instead of as a Patent? ? trade secret law can sometimes protect inventions that did not qualify for patents ? some inventors want to avoid the detailed disclosure required by the . Patent and Trademark Office ? there are no time restrictions on trade secrets (in contrast to patents) Other Methods 36 Trade Secrets (continued) ? What are Drawbacks of Seeking Protection under Trade Secrets Law? ? 尋求商業(yè)秘密法律保護(hù)的缺陷是什么？ ? there is no formal procedure for obtaining protection as a trade secret ? protection is established by the secret’s characteristics efforts to protect it ? holders do not have exclusive “rights” to what prises the secret (someone could independently replicate the secret) Other Methods 37 Trademarks商標(biāo) ? What are Trademarks? Intellectual property rights that allow firms or others to differentiate their products services through the use of unique “marks” ? Marks allow consumers to easily identify the source quality of products/services 38 Trademarks (continued)商標(biāo) ? Most trademarks take the form of names, words, or graphic designs ? Trademarks also can be on the shape of packages, colors, odors, sounds ? Trademarks are the most valuable form of intellectual property for many firms ? A trade
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