Don't Let Your Patent Sink With the Inventorship!

Determining and claiming proper inventorship in a patent application is an important consideration that must not be overlooked. Oftentimes, persons such as the CEO of a company or a project manager are named as inventors in a patent application, even though they did not actually contribute to the invention. Improperly naming an inventor can lead to problems down the line, including patent invalidity.

"Determining and claiming proper inventorship in a patent application is an important consideration that must not be overlooked"

So, is there a test to determine proper inventorship? A simple example may be helpful here. Assume that an inventor is an avid golfer and invents a golf club with a new and novel golf club head design. The inventor takes the specification for making his golf club to a machinist, who based on the specification makes a prototype golf club for the inventor. The machinist is not a co-inventor. Similarly, a software programmer who merely generates software based on an inventor's specification is not a co-inventor.

"a software programmer who merely generates software based on an inventor's specification is not a co-inventor"

Now, let's assume that the machinist in the first example is also an avid golfer and suggests adding additional new and novel features to the golf club head that provide for improved ball flight. In such a situation, the machinist's contribution is not insignificant when measured against the invention as a whole. Furthermore, the inventor includes and claims (i.e., defines the scope of protection being sought) the new and novel features in his patent application. Guess what? Now the machinist is a co-inventor. The same applies to the second example provided above: The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application.

"The software programmer becomes a co-inventor, if he suggests new and novel features for the software program which are disclosed and claimed in the resulting patent application"

In addition, inventorship is determined based on the claims of a patent application. Accordingly, if claims are cancelled or added, the inventorship may have to be revised to reflect the pending claims. However, patents typically do not get processed until several years after their filing, making inventorship determination difficult after the fact. In this respect, keeping a lab notebook detailing the contributions made by each inventor during the invention development may be helpful for determining proper inventorship down the road.

"keeping a lab notebook detailing the contributions made by each inventor during the invention development may be helpful for determining proper inventorship down the road"

Accordingly, taking steps to ensure proper naming of inventors will help your patent from going down with the inventorship. Finally, it is important to find a patent attorney who takes the time to understand your technology, business model, and work processes to ensure that an IP strategy is executed in a focused and efficient manner.

"it is important to find a patent attorney who takes the time to understand your technology, business model, and work processes to ensure that an IP strategy is executed in a focused and efficient manner."

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Patent and Trade-Secret

"Patents" and "Trade-secrets" are used by companies and organizations to protect their inventions and discoveries from being copied unlawfully. Most of the companies often face a choice between these two IP protections. Each has advantages over the other and both should be considered meticulously while going for the appropriate intellectual property strategy.

A "Patent" is a right granted to inventors by the government of a concerned country to provide exclusive rights to make, use, import, sell and offer for sale inventions for up to 20 years. This right equips owner companies to make profit from an invention or inventions in exchange for disclosing its invention and the process of the invention. For example, many Pharmaceutical companies patent their molecules and the process of developing the molecule which gives them an exclusive right to manufacture that molecule for at least 20 years. No other company or companies can manufacture or sale this product without the prior approval of the patent holder company. However after 20 years this invention becomes public and any competitor (Individual or Company) can use the same invention and product to make profit out of that.

On the other hand "Trade-secrets" are information (e.g. a recipe, pattern or formula) that provides value to its owner because no other company or individual has the ability and authority to duplicate it even after 20 years also, as the information is never made public by the government. Companies can make profit out of that product as long as they can keep the invention secret and confidential. For example many soda manufacturing companies have never disclosed the ingredients in its soda. In doing this companies ensure that no competitor can ever make the same product.

"Patents" and "Trade-secrets" are interchangeable; means "Trade-Secrets" can become "Patent" at any point of time if the Trade- Secret holder wish to do so. This can be done after filling the appropriate patent application with the concerned government. However the reverse is not possible means a "Patent" cannot be converted into "Trade-Secret" because the invention is already in the public domain.

As told in the previous part of the article that most of the companies often face a choice between these two forms of IP protections. Each has advantages over the other and both should be considered meticulously while going for the appropriate intellectual property strategy. Here is a list which compares between these two forms of IP protections.

• A Patent is generally recognized as the strongest form of IP protection, because the Patent protects the procedure and method of the invention regardless of how it looks.

• A patent can be enjoyed by the patent holder up to a period of 20 years after which it becomes public and any competitor can use it for economical benefit, on the other hand a Trade-Secret holder can enjoy its exclusivity even after 20 years and as long as they can keep the invention secret and confidential.

• One of the most beneficial aspects of Patent is that even if any competitor company develops a product independently and coincidentally which includes the patented concept, the patent holder can infringe the patent of the new company, while such kinds of advantages cannot be availed for Trade-Secrets.

• Patents are not at a risk of becoming public (at least for 20 years) while Trade-Secrets are always at a risk of becoming public. Accidental disclosures, departing employees, and even mandatory disclosures (such as a list of ingredients on food packaging) can all disclose the trade-Secret publically.

• A trade-secret proves to be most effective when the secret cannot be reverse-engineered.

Sum-up: As a conclusion we can say that Patents and trade-secrets both have their own advantages and disadvantages, depending on the type of the patent, and other available criteria. Companies need to do a meticulous analysis of both the forms of IP forms Patent and Trade-secrets and should choose what fits most to them.

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Are Your Company's Secrets Safe? Thomas' English Muffins Thought Their Nooks and Crannies Were

For over one hundred years, Thomas' English Muffins has been making its english muffins with the famous "nooks and crannies." Until this year, Thomas' probably thought its secret to the muffin was safe. However, Chris Botticella, a former senior vice president for Bimbo Foods, the owner of Thomas' English Muffins, is involved in a lawsuit with his former employer after he accepted a job with its competitor Hostess.

So what is the big deal? People are allowed to change jobs, right? Well, Mr. Botticella happens to be one of less than ten people in the world with full knowledge as to how Thomas' gets the "nooks and crannies" into its muffins. Mr. Botticella is familiar with the Thomas' muffin trade secrets pertaining to the equipment used in production, the recipe for the muffins, as well as the baking techniques. Bimbo, concerned about Mr. Botticella sharing its trade secrets with Hostess, filed a trade secret lawsuit with the Philadelphia District Court.

The judge in the case granted a preliminary injunction ruling that Mr. Botticella cannot start working for Hostess because of his extensive knowledge of Bimbo's trade secrets and it is "substantially likely, if not inevitable" that he would disclose Bimbo's secrets to Hostess. Mr. Botticella's attorney is appealling the decision. Other issues pertaining to this case which have not been confirmed are whether Mr. Botticella informed Bimbo of his intention to quit, if he continued to attend strategic meetings knowing he was going to work for a competitor, if he downloaded company secrets onto his personal laptop, and whether he would be involved in the production of muffins for Hostess.

Does your company have edgy new technology, a highly successful process, a new software application?

If you've answered yes but do not have a patent or trade secret protection, your company could be at risk. According to the American Society for Industrial Security, companies are incurring enormous losses from the misappropriation of their trade secrets.

A 2007 survey of 144 Fortune 500 companies was performed, and 60% reported actual or suspected losses of trade secrets. The survey respondents reported financial losses anywhere from less than $10,000 to more than $5.5 million. Not only did these companies suffer financial loss but also a loss in their reputation, image, goodwill, competitive advantage, core technology, and profitability

So what is a trade secret? It can be a technique, formula, concept, practice or compilation of information that gives your company a competitive advantage. Most importantly, to acquire trade secret status, the information must be kept secret.

What is not a trade secret? All information in the public domain; advertising literature; and technical specifications; operation manuals; and issued patents.

If your company has non-patented know-how or a new product concept, it is important to consider whether this information would be best protected through a patent or a trade secret. The following factors are helpful in determining whether your company has a protectable trade secret:

To what extent is the information known outside of the business; To what extent is the information known by employees and others involved in the business; What measures are taken to guard the secrecy of the information; What is the value of the information to the business and its competitors; How much money or effort has been expended in developing the information; and What is the ease or difficulty with which the information could be properly acquired or duplicated by others?

Advantage of a trade secret:

Trade secrets do not expire while patents are valid for only twenty years. Unlike patents, to get protection, your company will not be required to file an application with the Patent Office disclosing information about the method or product to the Patent Office, which information eventually can become public.

Disadvantage to opting for a trade secret:

Disclosure of the "secret" can destroy its value and ability to be protected. No definite time period on how long company will have protection. Others can reverse engineer the method or product.

Regardless of whether you decide to protect your company assets through a patent or trade secret, it is best to require employees to enter into non-compete and non-disclosure agreements. Non-compete agreements are very common, and an employer often requires its employees to sign this agreement to deter them from quitting to join a competitor. This agreement can be used to restrict the employee's participation in a certain market or industry after leaving the company. A non-disclosure agreement can also be helpful in protecting the company's assets.

This type of agreement is also known as a confidentiality agreement and is a contract used to protect information considered to be proprietary or confidential. Parties involved in executing this type of agreement promise not to divulge secret or protected information disclosed during employment or other business transactions.

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Cease and Desist Letter - The Most Affordable Way to Battle Copyright Infringement

In today's technological world, many artists -- especially bands -- have taken to publishing their material online. With Facebook, YouTube, ReverbNation, and countless other places to reach new audiences, your music is in more jeopardy of being pirated than ever before. If you've copyrighted your material, you have the legal right to bring the offender to trial for improperly using your work without your permission -- but taking someone to court requires legal fees, not to mention a significant draw on your time. What if you don't think the improper use is worth your investment in a lawsuit? You may not wish to sue for damages; you may just want them to stop using your music. Luckily, you can notify the offender that you're hip to their copyright infringement and avoid hefty legal fees in the process by sending a simple Cease and Desist letter.

You may have heard of Cease and Desist letters used in cases of harassment or slander. What you might not know is that the same principle can be applied to copyright piracy. True, a Cease and Desist letter is no substitute for suing someone for damages, but they can be remarkably effective.

A Cease and Desist letter typically contains the following:

Copyright information showing you to be the legal owner of the material Specific infringement taking place (the website you found your song on, for instance) Demand for the material to be taken down Threat of legal action if your letter is ignored

The beauty of the Cease and Desist letter is in the last bullet point. You may not have any intention of suing anyone over the use of your work -- but those responsible for the copyright infringement don't know that. What they do know is that they've been found out; you're now challenging them on something they've been doing successfully, up until now, under the radar. Now that they know you're onto them, they may decide the risk of a potential legal entanglement is not one they are willing to take. Or, if you're of a mind to give them the benefit of the doubt, they may not have realized that their use was infringement in any way. Your Cease and Desist letter unequivocally informs them of their misstep.

Sometimes all it takes it letting someone know you're serious about your work. Sending a Cease and Desist letter costs you next to nothing; the recipient has no way of knowing if you're bluffing, and if they gamble on your intentions, they could be making a very, very costly mistake.

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"They Stole My Idea" Isn't Always Enough For A Lawsuit

Although accusations of "they stole my idea" are often thrown around, followed by "I'll sue!", the law doesn't necessarily protect every idea, it protects the expressions of ideas.

The bare allegation that someone else stole your idea for a business (or a product or a work of art) is ordinarily not enough to win a lawsuit, not under copyright law, trademark law, patent law, or any other intellectual property law. The law does not protect generalized expressions of ideas; the law protects the implementation of ideas.

There's good reason for that. Though some ideas for businesses are certainly better than others, and though some ideas really are great ideas that no one had before, we cannot justify the burden and expense of a lawsuit every time someone, somewhere vaguely claims that they once had a similar idea. Fact is, successful businesses, useful inventions, and compelling works of art are all, as Thomas Edison - himself more a shrewd businessman than a genius inventor - is reputed to have said, invention is one percent inspiration and ninety-nine percent perspiration.

Mark Zuckerberg didn't come up with the idea for an online social network, register the domain Facebook.com and collect a few billion dollars. Thomas Edison didn't come up with the idea of stringing electrical wire in a vacuum, throw a light bulb together in an afternoon, and then enjoy his empire. Cormac McCarthy didn't come up with the idea for a post-apocalyptic novel, shoot off a rough draft, and collect his Pulitzer and movie residuals. They all had ideas - or, better stated, took pre-existing ideas - and then made them work well.

An idea for a light bulb is not a light bulb. Making an idea for a light bulb go off outside of your head requires a tremendous amount of work, patience, dedication, and perseverance. As Edison said when asked about his many failed light bulb designs, "I have not failed 1,000 times. I have successfully discovered 1,000 ways to not make a light bulb."

Which brings us to the inspiration for this post. One of my kids' favorite shows was WordWorld, which is probably better summed up by a picture than any actual words.

It's a fun little show in which a couple animals, themselves constructed from their own names, use letters to interact and build with various objects in their world. It's cute, entertaining, and reasonably educational.

What I did not know was the litigious animosity in the show's history. In the 1990s, Kyle Morris and William Kirksley filed several patents regarding animated captioning "coordinated with oral-word utterances." In short, their idea was to show the words coming from the mouth of the speaker in a children's movie or television program. Morris invited Don Moody to develop a new children's television show around the concept, but, after a falling-out, Moody left and started the successful Word World show that was broadcast on PBS beginning in 2007.

Morris later sued Moody, alleging both patent and copyright infringement, including a claim that he owned a copyright on the phrase "where words come alive" that Word World uses as its slogan, and a claim in the "teaching methodology" that he had developed.

The United States District Court for the Southern District of New York, however, dismissed Morris' patent and copyright claims and the Federal Circuit affirmed without an opinion. In short, Word World was similar to the original idea, and almost certainly took elements from it, but not enough to constitute patent or copyright infringement.

That is, Morris had an idea, tried to make it work, brought on help to make it work, but, for whatever reason, couldn't get it to succeed. One of the people he brought on ran with the idea, made some changes and made it work. The lightbulb actually went off.

So who, as a matter of law, "invented" WordWorld? The same person who "invented" the lightbulb: the one who made it work.

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Self Confidence: A Touch Stone for Self Improvement

Are you interested in self improvement? Your answer would definitely be 'yes'. Many factors can help you in self improvement but achieving and maintaining self confidence is the touch stone for self improvement. Numbers of people in society really wish to improve their personality but what they lack is self confidence. They are scared of society; they are reluctant to participate in different daily affairs due to their self insecurity.

But don't worry. Now is the time to change. You can be confident enough to move in society just like others. By following certain tips your life would be changed radically, but the thing needed is your determination.

Following small changes will instantaneously improve your confidence level. Just try them and get yourself improved.

A. Be Optimistic:

Think positive, have positive. What you think about yourself really matters. Think well about yourself. Instead of thinking about your weaknesses bring out positive aspect of your personality; appreciate yourself for having those good qualities. It will give you immense pleasure and will ultimately improve your confidence.

B. Never make comparison:

Never compare yourself with others. What you are, no one can be, always keep this thing in your mind. Appreciate others for their good traits but not get yourself targeted by complex.

C. Communication:

During discussions try to communicate whatever you have in your mind without getting afraid of its result. When you overcome your shilly-shallying and have strong communicational skills your confidence level will automatically be improved.

D. Trust yourself:

To improve self confidence you must trust yourself, you must trust your capabilities. If you perceive good about yourself, others will definitely have good perception about you. Don't let other people assail your abilities.

E. Personal appearance:

Your appearance really affects your confidence level. Dress up nicely, Walk gracefully, and maintain yourself positively; will improve your self -esteem and add confidence in your personality.

F. Contentment and satisfaction:

Try to be contented and satisfied what you have instead of complaining all the time. Just think what you have and stop worrying about what you don't have. This practice will pave the way for self confidence. So, practice above mentioned tips in your life, you will definitely have astonishing results. It will not only makes you self confident but adorable.

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Why Every IP Lawyer Should Have A Strategy Product In Their Web Marketing Strategies

Let me start this article by stating an obvious fact - no IP legal services professional wants to spend money on a web marketing strategy if it does not result in more high-quality clients. Yet, day after day, this is exactly what many actually do because their web marketing strategies are not thought out properly.

Now, this does not mean there was no marketing plan in the first place. It just means that, more often than not, the components of the web marketing strategy do not support what should be the ultimate goal - which is building trust with prospects and focusing on providing free information at the start of the relationship via blogs, newsletters or free reports.

However, any prospects that opt-in to receive communications from you (which is crucial for lawyers) still have to be convinced to want to work with you. A key objection they might have would be the cost of purchasing your IP legal services, simply because it appears to be such a huge leap from simply talking to you to actually paying you. This gap needs to be bridged to make it easier for prospects to do business with you.

Any web marketing strategy worth its salt should incorporate campaigns that point prospects towards low-priced resources, products, webinars or seminars that prospects feel happier to purchase. These should also help them make their minds up as to what they ultimately need to buy. As prospects then get to know the value of what you provide, you need to think about strategy products that effectively form the penultimate step before they choose to purchase your high-priced legal services.

What is a Strategy Product? Any resource (e.g. book, report or CD set) or event (e.g. webinar or seminar) that gives prospects a specific roadmap showing them how to achieve their desired outcome, and which they would be happy to pay for. The price for the strategy product is lower than that for comprehensive IP legal services, and allows you to provide guidelines that clarify issues prospects may have, or at least educates them on what they need to do, as an interim step to prospects asking you for your high-priced services.

A basic roadmap would be as follows:

Create a marketing campaign that advertises a free report with information you know IP legal services prospects are actively searching for. Capture the details of those that want the information (making sure you provide the option for them to unsubscribe if they don't want to be contacted further), and repeat the campaigns to point prospects to other information you have available. Use the feedback gathered from subscribers to create a seminar in which you provide specific, actionable guidelines that prospects can follow to address key issues they face related to IP legal services. This seminar would, in this case, be your strategy product. The key thing to take away is that you can charge people to attend the seminar if you have done the groundwork well, have a hot topic and invited those that are willing to pay to attend the seminar if it gives them the results they are looking for. There are other alternatives to seminars when thinking about a strategy product people are willing to pay for. This includes a special in-depth report, CD set with a series of presentations and templates that let prospects work through a programme themselves, or a webinar series with the opportunity to get limited time from you to deal with specific queries. The option selected has to suit you and your target niche.

The strategy products essentially allow you to engage with prospects at a deep enough level for them to overcome any reservations they may have about working with you. More importantly, they also give you the chance to demonstrate the value you provide so that price becomes less of an issue in subsequent discussions when they decide to work with you above all other options available. That is why they are increasingly essential in today's business environment.

At a basic level, running seminars should be an option that all IP legal services professionals consider. The seminars should, ideally, be targeted at prospects that are already following what you do. Your web marketing strategy should, therefore, be designed to create a continuous stream of followers that look forward to the information you provide.

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Revocation of Patent

A patent is a territorial right which excludes others from making, using, selling or manufacturing. A patent get published after eighteen months from the filing or priority date.

Any person can file an opposition within six months from the patent publication based on the prescribed grounds which is called pre-grant opposition. After patent is granted, within a year a person interested can file opposition based on prescribed grounds called post grant opposition. If a person has missed these two chances, he has other option to challenge a patent at any time of patent by revocation of patents under section 64 Indian patent Act.

Patent can be revoked anytime during the life of patent by any person interested. Revocation of patents may be brought up in two ways.

1. One is the Intellectual Property Appellate Board where a revocation petition can be filed by any person interested or by the Central government.

2. Another forum is High Court where revocation of patent is argued as a counter-claim in a suit for infringement of a patent.

A notice of any petition for the revocation of a patent under Section 64 must be served to all persons appearing on the register as proprietors of the patent or to have shares or interests therein and it is not necessary to serve notice on any other person.

Revocation of patents can be brought on following grounds:

1. The invention as claimed through the claims in complete specification was claimed earlier through a valid claim contained in complete specification of another patent granted and having earlier priority date.

2. The patent was granted on the application of a person not entitled to apply under the provisions of the Patents Act, 1970.

3. The patent was obtained wrongfully i.e. in contravention of the rights of the petitioner or any person under or through whom he claims.

4. The subject-matter of any claim of the complete specification is not an invention within the meaning of the Patents Act.

5. The invention claimed through any claim of the complete specification is not new having regard to anticipation by previous publication and by prior claim as referred to in Section 13.

6. The invention claimed through claims in the complete specification is obvious or does not involve any inventive step having regard to what was publicly known or used in India OR what was published in India or elsewhere before the priority date of the claim.

7. The invention as claimed is not useful.

8. The complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed. The description of the method or the instructions for the working of the invention is not themselves sufficient to enable a person ordinarily skilled in the art to work the invention and also the complete specification does not disclose the best method of performing the invention which is known to the applicant and for which he was entitled to claim protection.

9. The scope of any claim of the complete specification is not sufficiently and clearly defined or the claim is not fairly based on the matter disclosed in the specification.

10. The patent was obtained on a false suggestion or representation.

11. The subject of any claim of the complete specification is not patentable under the Patents Act, 1970.

12. The invention was secretly used in India before the priority date of the claim.

13. The applicant for the patent has failed to disclose to the Controller the information and undertaking regarding foreign applications or has furnished false information.

14. The applicant contravened any direction for secrecy relating to inventions relevant for defence or made / caused to be made an application for the grant of a patent outside India without prior permission from Controller.

15. The leave to amend the complete specification before the Controller and Appellate Board or High Court was obtained by fraud.

16. The complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention.

17. The invention as claimed was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

18. The applicant has made the application abroad before filing it in India or without taking permission from the controller or in contraversion.

19. The complete specification does not clearly mention or wrongly mentions the origin or geographical source of biological material.

Other than this patent revocation can be made by Central Government directions if Invention related to Atomic Energy according to Sec 65 of Indian Patent Act and it can be revoke by public Interest according to sec 66 of Indian Patent Act.

Revocation of a Patent or Amendment of a Complete Specification on Direction from the Government in Cases related to Atomic Energy: Under Section 65, where at any time after the grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which a patent cannot be granted under the Atomic Energy Act, 1962, it may direct the Controller to revoke the patent. The Controller may then give notice to the patentee and all the persons who appear on the register as having an interest in the patent, and after giving them an opportunity to be heard, he may revoke the patent.

Revocation of a Patent in Public Interest: Under Section 66, where the Central Government is of the opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.

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What Can I Do About Copyright Infringement?

If you register a copyright with the U.S. Copyright Office, you're protecting your legal rights to the utilization of the copyrighted content. It indicates that any use of your copyrighted content has to have your authorization or it's regarded as a breach of copyright laws. Intellectual property law is usually challenging, and the aid of a copyright lawyer is highly recommended.

What, precisely, is viewed as copyright infringement? Whenever you obtain the copyright for any content, you're issued the legal permission: create more copies using the work; put together derivative works relating to the original concept or content; release copies of the work to the public whether by selling, rental, lease or lending; perform your creative efforts in a theater or festival; exhibit the protected content in a public place; and transmit the material to the public by using a radio station, TV, movies or the net.

Whenever another person carries out any of these practices using your copyrighted work while not having your express permission, they are taking part in a breach of copyright law. United States Copyright Law states that "anyone who violates any of the exclusive rights of the copyright owner is an infringer of the copyright or right of the author." Even while there are some exceptions to infringement accountability, copyright law protects you from the vast majority of instances of copyright infringement. When you're struggling with questions pertaining to your rights and security through the laws, you should review your case with your patent/trademark/copyright attorney.

How does someone deal with a potential copyright infringement claim? If you ever are convinced your legal rights were infringed upon, make sure you obtain the recommendations of a copyright attorney at once. The United States Copyright Office is not counted upon to impose regulations, neither does it warn copyright keepers of potential copyright violation. You must discover the examples of this on your own and afterward pursue the case in federal court.

There are particular policies around the time schedule in which your copyright was granted. In some instances, if a copyright registration has not yet been submitted, you might still have the option to do this and then carry out the legal process. According to when exactly an intellectual property owner files their copyright submission, they could be eligible for statutory damages and attorney expenses.

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International IP Rights Regarding Plants Native To India: Texmati = Basmati?

I. Introduction

In the age of global markets and the resulting development of international intellectual property rights, conflicts arise between industrialized nations seeking to develop new products from plants, and developing nations seeking to capitalize on their indigenous flora. One example is the conflict over basmati rice. Long identified as originating in the Indian sub-continent, basmati rice is prized for its distinctive aroma, flavor, and long, slender, fluffy grains. The connection between India and basmati seemed threatened when the United States ("U.S.") patented Texmati, described as an American basmati rice. The Indian government seeks to have the U.S. revoke the patent as part of its plan to protect its rice industry. This article explores this situation with an eye towards understanding what rights the patent provides Texmati and how it affects, if at all, India's rice industry.

II. Intellectual Property

A. Patents

A patent for an invention is a grant of a property right by the government to the inventor. The patent term is twenty years from the date on which the patent application was filed in the U.S. The right granted by the U.S. patent extends only throughout the U.S. and its territories and possessions.

The patent rights are, in the language of the statute, "the right to exclude others from making, using, offering for sale, or selling" the invention in the U.S. or "importing" the invention into the U.S. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

B. Trademark

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce. The trademark identifies and distinguishes the goods of one manufacturer or seller from goods manufactured or sold by others. In short, a trademark is a brand name.

A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner. The certification mark certifies regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services. A certification mark can also demonstrate that the labor on the goods or services was performed by members of a union or other organization.

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

C. Plant Variety Protection

The Plant Variety Protection Act (PVPA), enacted in December of 1970, and amended in 1994, provides legal protection, similar to patents. The right holders are breeders of new plant varieties which are sexually reproduced (by seed) or are tuber-propagated. Bacteria and fungi are excluded. The United States Department of Agriculture ("USDA") administers the PVPA.

A Certificate of Protection is awarded to a breeder if the USDA agrees that the plant variety is new, distinct from other varieties, genetically uniform, and stable through successive generations. The certificate is valid for twenty years for most crops and 25 years for trees, shrubs, and vines. The breeder has exclusive rights to multiply and market the variety's seed.

The owner must prove the distinctness, uniformity, and stability of the new variety. The applicant may: list the single variety he or she believes is the one most similar to the new variety and describe how the new variety differs from it; list a group of varieties to which the new variety is similar, and describe how it differs from that group; or, describe how the variety differs from all other known varieties. A statement of uniformity must report the level of variability in any characteristic of the variety.

The PVP Office maintains databases for crops of both public and private varieties. The plant variety examiner uses these and other sources to determine which, if any, varieties are indistinguishable from the new one. If the examiner finds varieties which appear to be indistinguishable from the application variety, the applicant will be notified that supplemental data are necessary. To obtain additional data, applicants may use DNA profiling or other analyses to show distinctness. The USDA does not perform tests to confirm a variety's distinctness.

III.International Trade Agreements

A. World Trade Organization ("WTO") and General Agreement on Tariffs and Trade ("GATT")

The GATT is an international agreement that sets the rules for conducting international trade in goods only. The WTO is an international organization that incorporates the GATT. The WTO updates the agreement to include services and intellectual property.

B. Trade Related Aspects of Intellectual Property (TRIPs)

The WTO's TRIPs Agreement is an attempt to harmonize intellectual property rights globally and provide a dispute settlement system. TRIPs covers copyrights, trademarks, patents, integrated circuit designs, trade secrets, industrial designs, and geographic indications.

WTO member countries may refuse a patent for an invention if its commercial exploitation is prohibited for reasons of public order or morality. A country may also exclude plants and animals (except microorganisms), and biological processes for producing plants or animals (except microbiological processes). However, if the country does not allow plant patents, the country must provide some protection. One permitted alternative is providing plant breeder's rights under the International Union for the Protection for New Varieties of Plants ("UPOV"). If a country did not protect plants before 1 January 1995, it may delay plant protection until 1 January 2005.

Articles 22 to 24 of TRIPs refer to protection of indicators of geographic origin. This portion of TRIPs protects geographic indications which identify a product as originating from a member-state where a reputation is attached to that geographic origin. Member-states may pursue legal recourse to discontinue the use of misleading geographic indications.

C. Provisions For Developing Nations

TRIPs includes special transitional provisions for the introductory period of TRIPs. Normally, members' laws and procedures needed to comply with TRIPs by 1 January 1996. Developing countries have until 1 January 2000 to adopt the TRIPs provisions. The least developed countries have until 1 January 2006 to comply with TRIPs.

D. The International Union for the Protection of New Varieties of Plants -- UPOV

The UPOV is an intergovernmental organization based in Geneva, Switzerland. Its purpose is to accord exclusive property rights to plant breeders in nations that are members of the UPOV convention. A plant variety may receive protection if the variety is distinct from commonly known varieties, uniform, stable, and novel. The plant variety must not have been commercially used before certain dates measured from the application date.

Plant breeders in one UPOV member nation may obtain protection in other UPOV member nations. Plant breeders in non-member nations cannot use the UPOV convention to protect a plant variety. India is not a member-state of this agreement. Researchers are not prohibited from using protected plant varieties for research, including the use of the plant variety to breed new varieties.

IV. Commercial Exploitation of Plants and Plant Products

India has a long history of using herbal products for medicinal or cosmetic purposes. However, India has not attempted to seek commercial gain from this knowledge until recently. Some Indians believe that U.S. companies are seeking to exploit Indian knowledge of plant uses.

A. Neem -- Natural Pesticide

Indian farmers have used neem, a plant native to India, as a pesticide for hundreds of years. The farmers boil the seeds, and then let them soak overnight. The resulting foam is removed and used to kill insects.

Once obscure, the neem tree is now the focus of global commercial and scientific attention. India's Neem Foundation promotes the neem tree as a wonder plant that provides: a natural pesticide; medicine for skin disorders, pain, fever, and infection; firewood; birth control; and a device to protect the Taj Mahal from environmental damage. The U.S. Environmental Protection Agency approves various neem-based pesticides.

Agridyne Technologies of Columbia, Maryland markets a product, "DAZA," manufactured in a manner similar to the Indian farmers' method.

Environmentalists attempted to convince the U.S. Patent and Trademark Office ("USPTO") to cancel Agridyne's patent for DAZA based on a lack of novelty. The USPTO refused the request to cancel the patent because the challenge offered little well-documented evidence. Agridyne also claimed that it developed a method to make neem's active pesticide ingredient last longer than the normal two week period. The European Patent Office determined that the neem patent was included in prior art.

B. Turmeric -- Yellow Spice With Pharmaceutical Uses

In 1995, two U.S. scientists, employed by the University of Mississippi Medical Center, obtained a patent for the use of turmeric to help wounds to heal. The USPTO canceled the patent in 1997 after a re-examination determined that the patent application did not satisfy the novelty criterion. The challenge to Agridyne's patent was led by India's Council of Scientific and Industrial Research ("CSIR"). The CSIR filed a petition, through a U.S. legal firm, stating that turmeric was used to heal wounds for hundreds of years. The CSIR supported the petition with 32 published papers. The CSIR compared the successful petition to cancel the turmeric patent with the failed attempt in the neem situation. The CSIR's director general, R.A. Mashelkar, said that Indians have nothing to fear in protecting a traditional knowledge base when a patent challenge is well argued and well supported.

C. A Successful Compromise

A conflict exists between plant variety rights protection and biodiversity protection. Biodiversity advocates believe that drug companies cannot take a country's genetic resources without compensation. Some see this clash of plant breeder rights and biodiversity rights as incompatible.

However, this conflict was resolved in Thrivanthpuram, India over a herbal preparation from a medicinal plant, Trichopuszeylamicsu. This plant has been used by the Kani people in India, for many years, to treat fatigue. The Tropical Botanical & Garden Research Institute ("Institute") found that the plant had properties that enhance the human body's immune system.

Not wanting to wait the lengthy time to obtain an Indian process patent on the medicine, the Institute sought out the Kani people. They negotiated a license to manufacture the medicine from the Trichopuszeylamicsu plant. The Institute then sold its rights to a drug company for a sum plus a royalty for the following seven years. The Institute put fifty percent of the proceeds in a fund for the Kani tribe's welfare. This agreement led to a compromise that ensured that the Kani people were satisfied and private plant breeder rights were awarded.

D. Rice

In the U.S., most people eat and enjoy rice occasionally. In many parts of the world, rice is the chief food of millions of people. Indeed, in many countries, the word for rice is also used as the word for meals or food in general.

Some sources believe that the cultivation of rice started in India. One fact that supports this statement is that the Ganges and Brahmaputra rivers in eastern India overflow each spring, providing rice paddies with necessary water. Also, archaeological evidence suggests that an advanced system of rice cultivation existed in China and India 7,000 years ago.

E. U.S. Rice Industry

The U.S. is a major producer and exporter of rice. Rice is grown in the U.S. mostly in Texas, Louisiana, California, and Arkansas. Many consider the U.S. to have the highest quality rice in the world.

F. Basmati Rice -- Anything Else Is Just Rice

Basmati rice, unlike usual types of rice, is aromatic and has an extra long grain. The aroma is described as nut-like or reminiscent of popcorn. Basmati rice is usually consumed only on special occasions. Basmati rice is indigenous to India and Pakistan. In India alone, at least 400 varieties exist. B Basmati rice comprises four per cent of India's export earnings. India earns US$800 million annually from basmati rice exports. Ten percent of these basmati exports are consumed in the U.S.

In world markets Indian basmati rice is the most expensive rice available. In Europe the best U.S. rice fetches a price of US$500 per metric ton. Indian basmati goes for US$1200 per metric ton. The European Union gives Indian basmati rice a duty discount of US$300 per metric ton. Soon the European Union may cease giving Indian basmati rice a duty discount. In this event, perhaps European consumers will choose quality U.S. rice from companies like Uncle Ben's over Indian basmati rice.

V. RiceTec and Basmati Patent

RiceTec, an international corporation, produces "Texmati" rice which RiceTec calls an "American basmati." Texmati is a hybrid of aromatic rice and regular long grain rice, sold by RiceTec since 1977. As the name suggests, this variety of rice grows in Texas.

The USPTO granted patent No. 5,663,484 to RiceTec [95] for its variety of basmati. The patent also protected the American basmati plant and RiceTec's method of breeding the plant.

Specifically, one aspect of the invention relates to novel rice lines whose plants are semi-dwarf in stature, substantially insensitive to poor sunlight conditions, and high yielding. The patent claims that the plant produces rice grains having characteristics similar or superior to those of good quality basmati rice. Another patent claim relates to a "starch index" of a rice grain that predicts the grain's cooking properties. The patent also describes a method based on the starch index for identifying grains that can be cooked to the firmness of traditional basmati rice, and to use this method to select desirable segregants in rice breeding. Although RiceTec has not filed for an Indian patent on its basmati, the company has successfully patented three different methods of milling rice. RiceTec also filed an application under the UPOV 1995 Plant Varieties Protection Act for its basmati lines.

VI. Indian Intellectual Property Rights

A. Indian Patents

India's Patent Act differs in certain aspects from the U.S. Patent Act. India does not permit patents for inventions regarding food, but does allow patents for food manufacturing processes. The food manufacturing patent term is only for five to seven years while other inventions may be patented for fourteen years. Agricultural techniques or methods are not patentable. If RiceTec were to seek an Indian patent for Texmati, its protection would be limited, if not denied. Furthermore, for all patentable inventions, the Indian government may revoke a patent on public interest grounds.

Indian patent offices are known to be inefficient, averaging six years to issue a patent. Although the USPTO is also inefficient, U.S. patents are usually issued in no more than two years. If Indian patents are issued many years after application, the scientist may find it too late to capitalize on the invention.

B. Indian Geographic Indications

India does not have a Geographic Indication Act, which is part of the WTO agreement. [106] The Indian government currently seeks to define "basmati" as a geographic term for a part of the Indian sub-continent. The government claims to have records that prove that "basmati" has been used to denote quality in India a century ago.

VII.India's Efforts To Have USPTO Rescind RiceTec's Patent

India levies a tax on basmati rice to support the country's "Basmati Development Fund." Indian basmati rice farmers pay 50 rupees per ton into this fund. The government will use the tax to support India's efforts to overturn the U.S. patent.

India currently seeks to convince the USPTO to withdraw RiceTec's patent for basmati rice. The Indian Agricultural Research Institute seeks DNA fingerprinting to determine the origin of the germ plasm RiceTec used to develop American basmati. If the Research Institute establishes that the American basmati comes from original Indian lines, the Indian government will claim that the USPTO should revoke the rice patent for lack of novelty.

The Indian government's Technology Information Forecasting and Assessment Council ("TIFAC") believes that it has evidence to counter one of RiceTec's patent claims for its basmati rice. The patent claims a novel process for preparing translucent rice. TIFAC says that the Indian Patent Office granted a 1986 patent for such a process. TIFAC hopes to have the USPTO revoke RiceTec's claim for this process along with the other patent claims.

VIII. Third Country Efforts

RiceTec has registered the "Texmati" trademark in the U.S., Saudi Arabia, Ecuador, Ireland, and other countries. Saudi Arabia, India's biggest market for basmati rice, limits the term, "basmati," to rice from India or Pakistan. However, Saudi Arabian rice importers believe that the quality of Indian basmati rice has deteriorated. In response, the Saudi Arabian government has enforced several phytosanitary specifications for every shipment imported from India.

The United Kingdom ("U.K.") has a code of practice to define "basmati" as from India and Pakistan. The U.K. government refused RiceTec's application to trademark "Texmati." India's Agricultural and Processed Food Export Development Authority won a lawsuit in Greece over RiceTec's use of the "Texmati" name.

Recently, businesses worldwide are using the term, "basmati," or words derived from "basmati," in trade. This practice occurs even for products not related to rice. Companies use trademarks containing "basmati" in many countries, including Brazil, Chile, Colombia, Jordan, Kuwait, South Africa, Spain, Taiwan, Turkey, and the United Arab Emirates ("UAE"). Companies in France, Greece, Taiwan, Jordan, Spain, and Turkey use trademarks including "basmati" for rice that does not come from the Indian sub-continent. France registered two trademarks that use the term, "basmati," for a French company's long-grain aromatic rice. India filed a protest at the French trademark office over these trademarks. One Thai company sells a "Basmalli" rice. In Mexico a business seeks to sell vegetables under the basmati name.

Ironically, a corporation from the world's largest exporter of basmati rice, Pakistan, used "Guard Supreme Basmati" for an assortment of foods. The corporation changed the trademark after pressure from India's Basmati Development Fund. The Basmati Development Fund is actively involved in opposing the other trademarks.

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Patent Costs Timetable for the Independent Inventor - Be Prepared Before You Draft!

As an experienced patent professional and a proud father of nine children, I like to compare writing a patent to having a baby. Like having a baby, the patenting process starts with great difficulties and expenses, and, like children, the difficulties and expenses increase over time. Like children, proper preparation before you start can save a lot of money and heartache later.

Many applicants invest significant money into a patent's application in multiple countries and later realize that they don't have enough money to prosecute examination and are forced to abandon the applications. The result is loss of all money investments, and loss of the idea (which has been published and becomes public domain).

In Short: before you start writing a patent application: 1) make sure that you are sure what you are patenting and that it is really a valuable idea; 2) make a thorough patentability search (see our previous blog); 3) plan what you are going to do with the idea sell/license/or market; 4) Make a cost timeline for Searching/Drafting/Prosecuting/Litigation; and 5) plan how you are going to get the money to cover costs.

The amount of time and cost of patenting an idea is variable. It is possible (and sometimes advantageous) to draw out the patenting process. It is also possible (and sometimes advantageous) to hurry the process. Acquiring a patent in a foreign country is generally much more expensive than acquiring a patent in the US. Patenting strategies and foreign filings are complex issues which I will not discuss here.

Before you put out a lot of money on patents, plan for upcoming expenses and be prepared to pay. Request from your attorney/agent an estimate of costs before you agree to any work. Make sure you know what is and is not covered in the estimate. If there are technical errors or corrections to the drawings, who will pay? Do you have to pay extra for filing the IDS (Information Disclosure Statement)? Herein I present a rough cost estimate for acquiring a new patent (in the United States):

1) Make a thorough prior art search. To do a proper search you need to have a clear idea of your invention. You should start by doing a search yourself and if you remain convinced that your idea has value hire a patent agent/attorney to do a more thorough search. Beware of cheap, one-shot searches. They are almost never sufficient. (More detailed on searching and some on-line resources are available in my previous blog.)

2) File a US provisional application: minimum cost = $100 USPTO fee. I recommend writing your own description of your invention and giving it to a patent agent to check for enablement. You can file it yourself or have your agent file. By the end of a year the provisional expires and you must file a full application to preserve your rights. Make use of that year. Be sure that well before the end of the year you have your invention in a final working form and you have enough money for the filing the full application.

3) Draft and file a US application. The USPTO filing fee is around $500, you may file yourself, but drafting a patent is a tricky process and not recommended for the uninitiated. Law firms charge from $5000 to $15,000 to draft a typical application. Individual patent agents can be found who will often do a better job at a lower price. You can help your attorney/agent by supplying a clear description of the invention. You can save money by supplying your attorney with patent quality drawings (BLACK and WHITE no color no gray shading) (for more on how to make drawings see How to Make Patent Drawings by David Pressman). There are numerous good books for the layman on patent drafting e.g. Patent It Yourself by David Pressman, and The Patent Writer by Bob DeMatteis et al.

A word for the wise It is tempting to save money on patent drafting, but it is not recommended. A poorly drafted patent may be invalid or unenforceable. A clear, concise, well written application will save time and money during examination. Also a well written application is more likely to attract investors.

4) Patent examination (prosecution) costs are extremely variable and hard to predict. In the best case scenario, after 1-3 years a patent undergoes examination entailing 2 to 4 office actions costing from $2000 to $4000 each for a total of about $10,000 to $20,000. Be aware, if you think your patent is worthwhile, you need to have much more money available, because sometimes it is necessary to apply for an RCE (request for continued examination) a divisional application or an appeal of a decision of the examiner. In such cases the costs could be considerably more.

After an application is allowed, you must pay an issuance fee of about $1500 and maintenance fees at 3.5, 7.5 and 11.5 years after grant.

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Russian Spies in the US Using Very "American" Sounding Family Names in Online Spying Strategies

Perhaps you remember last year when they caught the Russian spies in New Jersey, New York, Boston, and outside DC. The FBI arrested them, and found they had used the social networks to influence others, and infiltrate our high-tech colleges in order to gain information. They were all over MIT, and attempting to connect with people who were high ranking folks working on the latest and greatest research and development. Now then, you may think all that is ancient history, after all, the spies were caught and sent them packing - or rather traded for CIA spies caught in Russia. However, there is a lot more to this story, and if you have a few moments I like to discuss this with you.

You see, there are over 1500 Russian spies in our country, and now that Putin is back in power, and one of the spies who was caught went on a glamor tour in Russia and became somewhat of a national hero. This has caused other Russians to join their spy network, and helped them recruit from a larger number of very smart and talented people within their country. If you think that their tactics of using social networks, or figuring out a way to get in with those working on special research projects, or even military black projects are over, you'd be wrong. They are still at it.

Catching seven Russian spies in the United States is good work, but it's merely a start considering the huge number of individuals in our country. Luckily, we can now use the social networks to help find them. Their tactics should not surprise anyone, nor are they unique. Other spies from other nations are doing the same thing. Some are corporate espionage spies, and others are military spies, or looking to influence our government. There is a lot at stake, and they can cause a lot of changes by getting close to influential individuals.

And don't be surprised if they are using very American names. Obviously, they use fake identities, and they use names which are culturally accepted, and appear to be high-class, almost blue blood family sir names. How do you think I know this? Well, I run a think tank and it becomes fairly obvious to me when someone is blowing smoke, and out fishing for information. Some of this of course is just curious minds of high intelligence, but not all of it can be explained away so easily.

If we think that catching those spies last year means that we are safe now, we'd be kidding ourselves. These folks are out and about, they are in every state, and they are doing harm to our country, and stealing our proprietary information, intellectual property, and trade secrets. Indeed I hope you will please consider all this and think on it.

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All Courts Are Bastions of Gibber

The bricks and mortar that hold these houses together are the only worthwhile things about them for all theirs edicts and rulings are based on opinion.

Seriously ask yourself "who is it that determines the circumstances that are around me?" Courts are large cavernous places where people gather to settle their disputes under the "aegis of the law" where there is a council or judge presiding over to ensure "proper ruling".

If you are in court you are in trouble! So think this whole scenario through, for when you put mind to matter you will quickly realize that all of the rulings made in your favor or against you are based on opinions not facts. Every law that has ever been written in the history of mankind is based on opinion and that is a fact. For no one makes laws based on facts, that would be foolish if not just plain stupid. Would Congress be so mindless (and please don't tempt me) as to pass a law decreeing that the earth is round or that the Mississippi flows into the Gulf of Mexico? Of course not!

The key to understanding here is that the agenda of your opposing party is what matters not the truth by any measure. For the lawyers that promulgate their client's agenda use facts to build their case - not the truth. My father was an attorney and he always said to us as we grew up "Never volunteer information" and he was right! For the attorney's quickly gather information to build their house of cards ever so carefully. All that people are doing in these courts are setting up and pushing through their agenda on you and the sooner you realize this the better. Do not be fooled for a moment that justice is to be served.

For example: The voting age. For years it was law that you had to be age 21 to vote. Who decided this? I will tell you: People that I have not met, that I do not know (and probably would not like) in a board room far, far away that sat around a table and voted on this issue. It was based on the opinion of those that were there to push the paper through and make it a law. Tell me what is fair or right about that? None of them ever came to me for advice or counsel! Not until great civil unrest and commotion was the law reversed and made the legal voting age 18, by people pressing their agenda! If Congress voted on the cause of tooth decay would that make it so?

Stop and reflect and you will see that the entire scheme of things is really a large house of cards waiting for the someone with vision that sees it all for what it is and pulls out the bottom card!

Stephen F. Condren - Artist

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Essential Steps in Pursuing Your Lemon Claim

There's this common thinking that when consumers are at the receiving end of a defective and an underperforming vehicle or a lemon, then they can immediately go to the courts. Though this move can be done, it should be remembered that this is not an immediate recommendation if you have a lemon case. The federal law calls for other avenues that should be exhausted before you can call on the lawyers and file a case. Remember, there is no shortcut in getting what is due to you when it comes to 'lemons'. There are appropriate steps that should be taken, and we list these essential steps:

1. One preparatory thing to do is to document the case. If you notice that you have a lemon in your hands then you need to make a letter and send this to the manufacturer. The letter should outline the issues and the problems encountered by the vehicle. Use the document to ask the manufacturer if they can buy back the car because you found out that this is a lemon. When sending letters, make sure that a return receipt is available for documentation purposes. The manufacturer may provide a call center number, toll-free but don't rely on this. Put all complaints into writing in order to get better results.

2. Once you sent the mail, there is a chance that the manufacturer will buy back the vehicle in question. But this happens rarely. And if in case your demands fall on deaf ears, then that is the time that you may need to get the services of a lawyer that specializes in lemon law litigation. Another option is to undergo arbitration, but the problem during arbitration is that the manufacturer takes the opportunity to plead and be given the chance to repair the vehicle a few more times.

3. Speaking of the arbitration program, make sure that you check if the manufacturer offers this kind of service. This is often included in the service warranty provided for you. If you think that arbitration is for you and the company offers this alternative, then all the company to ask for an application form and signify your intent to join the proceedings.

4. Before attending the arbitration process, you must collect all related documents that may prove helpful in the settlement of the case. Some important documents that should be collected include the warranty copy, the repair orders and the report detailing the inspections made on the vehicle. Make multiple copies of these documents, and retain one set of copies for your reference. In most arbitration program, you will be scheduled within the next 40 days. Once the meeting has been scheduled, make sure that you attend this. There's a chance that you may not accept the final decision. When this happens to you, remember that you have other options and these come in the courts of law.

5. The fling of the case should be your last resort. You may need to hire the services of a lawyer that will serve as your representation. The good thing about filing a case is that once you win, your expenses related to filing a case will be reimbursed including of course the possibility of getting a replacement or a refund.

Getting your due in the industry means planning your course of actions. Don't just jump into one move; plan your actions in order to get the best out of the 'Lemon Law'.

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Every Innovative Irish Idea Deserves to Be Protected Correctly in Law

The development of Ireland as a major smart economy, which has a thriving innovation-focused enterprise sector and high-quality employment, is a major focus of the government as one of the principal ways in which Ireland can provide economic growth, create jobs and emerge from recession.

The history of Ireland's "smart" revolution shows lots of examples of entrepreneurship coming from our universities and other higher educational institutions. IT companies like Iona Technologies, born in Trinity College Dublin, are a wonderful illustration of how ground breaking technology can emerge from collaborative work and commercialisation between universities and industry. Newer examples include Beemune and Blue Box Sensors, both the result of the commercialisation of intellectual property and technology developed at NUI Maynooth.

Invention is not restricted to higher educational institutions: a lot of companies within the private sector are also focused on research and development (R&D) with a view to making innovative products and services that can be sold. Any company involved with innovation will wish to ensure that it is protected from unjust exploitation by other people. A company's intellectual property may include both registered and unregistered rights.

Registered rights are rights awarded on application to an official body, like the Irish Patents Office. Unregistered rights occur automatically on creation and aren't subject to any registration regime. The main examples of registered rights are patents and trade marks. The main instances of unregistered rights are copyright and confidential information. Patents protect innovations that, among other things, are novel, involve an inventive step and are also susceptible to industrial application. Examples include patents for brand new drugs or even for a new form of tea bag. In 1952, for example, Lipton patented a novel four-sided tea bag. Trade marks are designed primarily to protect a company's brand names or logos. Examples include Vodafone and the slogan Intel Inside.

To protect its innovations, a company should look into contractual protections or "assignments" with its employees, contractors and third parties who are active in the company's business and may therefore need access to, or be involved with creating, its intellectual property. On a practical basis, a business can split its confidential info between employees and contractors so that no single employee or contractor has complete information about all of the trade secrets required to create the company's products and solutions.

By developing a coherent strategy to handle its intellectual property, an Irish company is much better placed to safeguard its innovations.

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