Answer to Question #253525 in Management for Seipati

Question

What is the most appropriate form or intellectual property protection for an innovative machine? Explain your answer.

Answer 1

Discussion

Intellectual Property Protection is protection for inventions, literary and artistic works, symbols, names, and images created by the mind. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time.

In most countries, there are four main types of intellectual property that can be legally protected that is; patents, trademarks, copyrights, and trade secrets. Each has their own attributes, requirements and costs. Before narrowing focus on which form of protection to use, know that these forms of protection are not mutually exclusive. Depending on what a person is doing, they might be able to apply multiple forms of protection, or one approach might be the most sensible.

In this case, the most appropriate intellectual property protection is patent. There are two types of patent protection namely utility(function) and design (Aesthetic). A utility patent protects a useful machine, process, manufacture, and composition of matter. A design patent protects the ornamentation (i.e., appearance, looks, shape, etc.) of a product. If, when a person describes their invention to others, they 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 protects the ornamentation, sculpture, pattern design, layout, and other aesthetic features of a product.

For example, in the US, to get a utility patent, a person needs to apply for a patent with the United States Patent and Trademark Office (USPTO). If they start to market their product without applying for the patent, then eventually like after one year, their idea will be dedicated to the public. The term for a utility patent is generally 20 years from the filing of the non-provisional patent application and starts immediately when the patent office issues the patent. To get a design patent, a person needs to file a design patent application with the USPTO. If they start to market their product without applying for the registration, then eventually like after a year, their idea will be dedicated to the public. The term for a design patent is 15 years from the grant date of the design patent.

Understanding the different types of intellectual property and the categories of intellectual property protections can be confusing, and actually registering for those protections can be overwhelming. Indeed, businesses often have more to worry about that the particulars of a patent or other intellectual property protection requirement.

Reference

Cottier, T., & Panizzon, M. (2004). Legal perspectives on traditional knowledge: The case for intellectual property protection. Journal of International Economic Law, 7(2), 371-399.