TYPES OF INTELLECTUAL PROPERTY RIGHTS

The first type of intellectual property right is a trade secret. All inventions generally start as a trade secret of the inventor. Inventors have an instinctual desire to keep their ideas secret. To market your invention, you should protect your idea with one or more of the other types of intellectual property rights: patents, trademarks (trademark registration and trademark objection reply), and copyrights.

To protect your idea effectively when you launch your product, you need to utilize one or more of the other three types of intellectual property before you commence your marketing activities. The table below illustrates each of the four different types of intellectual properties and what they might be used to protect in a broader sense.

You must select the most suitable form of patent protection to protect your idea or device effectively. The information below highlights how you might determine which one of these intellectual property rights might be best for you to use to protect your invention. The discussion will also highlight and provide further clarification on some of the more important information provided in the table.

Your brand needs to be protected because you do not want to invest time and money only to find out later on that you have to switch to a different trademark because someone else is already using your trademark. In this instance, you would be infringing on that person’s trademark and will have to switch to a different trademark. These days getting online trademark registration is the most preferred way to get your brand registered.

Most products have one or more aspects that can be protected with copyright law. For example, the images and words on the product packaging, the label, the product itself, and the webpage can be protected with copyright registration. These literary and artistic works are protectable under copyright law.

If, when you describe your invention to others, you describe the invention in terms of its function or utility, a utility patent application would be the best type of protection.

If the invention is described in terms of its aesthetics, a design patent application would be the best type of protection. The design patent registration protects the ornamentation, sculpture, pattern design, layout, and other aesthetic features of a product.

Sometimes, you will explain your product by using words that describe both function and aesthetics. In that case, you may be able to get both types of patents. However, if funds are limited, you may have to choose one of the two types of patents that are better suited for your invention. Seek competent patent counsel in this instance since a patent attorney would be best able to help you for patent registration India and make the right decision.