What is the Difference between a Provisional Patent and a Permanent Patent?

What is the Difference between a Provisional Patent and a Permanent Patent?

Your invention is the result of your hard efforts, and you must not want anyone to make profits by using it or a similar one without your consent. Patent Registration is one of the most valuable sources, which empower you to prohibit others from using your unique and new ideas in today’s malicious era where issues like patent infringements are common. A patent, if granted, bestows you with not just the Intellectual Property Rights (IPRs) to ensure the protection of your innovation but also a good reputation that attracts profits. However, to enjoy the full-fledged benefits of registering a patent, you must know about what a provisional patent is and how it differs from a permanent one.

Provisional Patent

It is imperative to note that there is nothing like a provisional patent in the present Intellectual Property (IP) industry. Nevertheless, a Provisional Patent Application is an introductory step towards the road of getting robust patent protection. Filing a provisional patent application is crucial as it allows the inventor to market his invention without any worry related to its theft and to continue with further development and patent operations. It is a legal document that provides an early filing date and gets transformed into a granted patent only when the applicant applies for a regular non-provisional patent.

Permanent Patent

The permanent patent provides the Patent Protection that prevents unlawful using, making, copying, and sharing of the same or similar invention. The permanent patent application is a techno-legal document that includes a description explaining the invention, disclosing the best-known procedures of carrying it out, and one or more assertions showing the scope of the invention.

Difference between Permanent and Provisional Patent

  • The foremost fact that establishes a difference between these two patents is cost. For instance, Filing a Provisional Patent application is cheaper in comparison to filing a permanent one and therefore, beneficial for individuals, companies, etc., that are available with a limited budget. Besides, provisional patent registration demands no legal necessities, which are compulsory in case of permanent patent registration.
  • By filing a provisional Patent Application, the inventor can secure his/her invention as soon as he/she creates it and along with the benefit of maintaining and supplementing that invention. It means this application allows you to continue working and making improvements in what you have invented even after filing it. Once done with the modifications in your invention, you can apply either for its permanent patent registration or another provisional patent associated with the same. On the other hand, filing of a permanent patent application provides no option to make changes or add any new subject matter to your invention. Therefore, if you want to protect what you have invented while working on its improvements, then it is essential to file a provisional patent application rather than a permanent one.
  • The role of the Patent Office is another remarkable aspect that differs provisional and permanent patent applications from each other. Patent Office doesn’t emphasize the provisional patent application until and unless the inventor files a permanent patent application that claims privileges and benefits of the priority under the provisional application filing. It means until and unless the inventor moves forward to permanent registration, there is no need for an additional fee associated with the Patent Attorneys or office. In other words, the provisional patent application enables you to lay the foundation for getting a patent, be benefitted with patent-pending, and preserve funds in the process, whereas permanent doesn’t.

Undoubtedly, provisional and permanent patents are quite different, but if used together, these two vital tools can secure your invention in the best and fastest possible way. Nevertheless, it is imperative to note that the provisional patent application remains pending at the Patent Office for a maximum of 12 months from the date of filing. So if an applicant files a provisional patent application, then he must apply for a corresponding permanent patent also within the twelve-month patent pendency duration of the provisional application. Why? It is essential to accomplish the Patent Process with ease and get comprehensive advantages of patenting an invention. For more visit: https://www.trademarkmaldives.com

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Facebook Wants to Trademark the Term “Book”

Facebook Wants to Trademark the Term “Book”

Facebook Inc., one of the largest social media giants worldwide, has filed a Trademark Application for securing a trademark for the term ‘Book’ in Europe, after many years of successfully registering the generic words ‘Face’ and ‘Book’ in the United States.

Filed by Facebook in June 2019 with the European Union Intellectual Property Office (EUIPO), the application has been accepted by EUIPO and is presently under assessment, with a decision anticipated later. The ideology of trademarking such common words is to prevent the small and fledgling firms from using the name of established brands to offer products and services similar to the brands’ ones, thus confusing the customers and making false income on others’ names.

The application filed by Facebook holds a list of hundreds of relevant products and services such as electronic game software, software for modifying photographs, wearable peripherals for computers, and electronic radio components.

If the application gets approved, it will enable the word ‘Book’ that initially recognized as a traditional paper-based data storage format to join the terms, including Face, Wall, Poke, Like, the letter F, and a specific shade of blue in the big list. Moreover, the social media giant will start preventing its competitors from infringing on the word ‘Book’ – something that will not be an unimportant effort; but, undoubtedly within the power of Facebook and legitimate teams associated with it. Nevertheless, the bad news for Facebook’s competitors, especially fledgling and small companies is that the social media giant has proved to be very happy to chase and shut down the firms for perceived Trademark Infringement.

Although it may not be the adept time for Facebook to seek positive results in Europe, where the American giants incur a low amount of trust and goodwill, still the social media giant is consistently striving to complete its trademark collection as it has already got the word ‘face’ registered over a decade years ago, thus making it believable that its new application too will be granted.

In the US, several other terms in addition to ‘Facebook,’ – ‘Face’ and ‘Book,’ are now secured as Facebook’s Intellectual Property (IP), for example – ‘BOOMERANG,’ ‘F8,’ ‘LIKE,’ etc.

Facebook is not the only giant or company seeking to obtain Trademark Protection for generic words, for example – Ohio State University and fashion designer Mark Jacobs are too making efforts to be the first in getting a Registered Trademark for the term “THE” with the US Patent and Trademark Office (USPTO).

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8 Steps to Prevent Unauthorized Use of Intellectual Property Online

8 Steps to Prevent Unauthorized Use of Intellectual Property Online

Your company’s Intellectual Property (IP), regardless of what it is or the form in which it is existing, is often more valuable than anything else. Hence, the security teams and IP executives of your firm must understand the need to keep these crucial assets safe against the rapidly emerging dark forces that are continuously trying to steal them. With the advancements in digital technologies, robbery and unauthorized use of inventive works like pictures, content, or other vital IPs have become very common. The unique online IP assets that are intended to gain followers and customers for your business if stolen and used by others can reduce your profits. Therefore, it is essential to legitimately prohibit others from infringing on your online intellectual property.

Steps to Protect your IP Online

Is somebody already using your work and thus, earning on your name? Don’t worry as the following steps will not only help you in dealing with unlawful use of your work but also reduce the possibilities of your IP’s theft in the future.

  1. Comprehending Copyright Law is Must: Your unique blog, picture, content, and video are your IP and get protected from the moment you create them. Undoubtedly, it means that no one can use the work without your permission, but many people (knowingly or unknowingly) still try to reproduce it. No matter what the reason is, people often try to steal and use your assets. Nonetheless, you can prevent them from doing so by using the copyright protection surrounding your work, but as different work is protected differently, there is a need to have a deep insight into copyright law. Besides, filing a wrong Copyright Infringement case can leave you with penalties, thus turning it more significant to comprehend the law.
  2. Issue an Official Copyright Notice: Such notices are one of the best means to prevent people from violating your work as it informs people that the particular work is your IP. Though these notices don’t grant additional protection or rights, yet putting them in your content can keep your work safe.
  3. Formulate an Easily Understandable Permission Policy: Create an explicit permission policy that provides clear statistics about how users can use your work. Tell them for what kind of use they need to take your permission and what they can use without seeking your consent. It will benefit you by making people consult you before using your content as well as by giving a published standard that you can refer to if anyone infringes your IP.
  4. Have insight into Users’ Intention: Not every person who re-posts your work does so to violate it. Some may do this as they are not aware of the law or the fact that the work is your IP. Moreover, a few may be using it just because they want to develop the interest of their target readers. Hence, be cautious and have an ideology about the users’ intention behind using your asset before taking any legal step.
  5. Request Removal of your Work: Many times, the users’ motives are not harmful, i.e., they are violating your Intellectual Property Rights (IPRs) unknowingly. Even after executing the previously mentioned step, if you still come across such users, be kind to them and try not to suppress their enthusiasm. Send an email or put a comment informing them that they are unintentionally committing an illegal act. Furthermore, suggest them to get benefitted from your work by using it legally as per your permission policy.
  6. Turn Your Request into Demand: Are the users not responding to your request aptly? It’s time to be a little bit rigid and turn your request into demand. Send a demand letter or an email asking the users who are behaving as offenders to remove your copyrighted content from their site.
  7. Extract Benefits from Infringer’s Hosting Service: Are the offenders still not ready to cooperate? Carry out some searches and discover their WhoIs record. You can do this by utilizing the efficient tool named as DomainTools. The information gathered in this way will reveal their domain registration information, encompassing the details of the host of the website. Create an email, including statistics that why you want the offenders to remove your work from their website. The legitimate service on receiving your email will investigate the case, and if it discovers your request appropriate, then demand the offender to respond as you want. Nonetheless, if the infringers don’t act aptly, it will take their website down.
  8. Hire an Attorney-at-law: Do the service providers appear shady, incompetent, or offshore? Relax as it is not a new concern, many people suffer from the same one. At this instance, IP attorneys can serve you with relief by putting such nasty infringers out of your professional life. They can even proffer guidelines on How to Manage Intellectual Property, how to ensure effective IP Portfolio Review and Management, etc., to avoid similar worries in the future.

IP is the base of almost every business, and thus, no one can afford to lose these valuables in others’ hands. Hopefully, the steps in this article will prove beneficial in safeguarding your intellectual property online. So don’t miss out on these steps as not directly but undoubtedly they play a crucial role in your overall success. For more visit: https://www.trademarkmaldives.com

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Must be Aware of Copyrights! Let’s Know About Copyleft Now!!

Must be Aware of Copyrights! Let’s Know About Copyleft Now!!

In the present Internet age where it has become ever-easier to infringe on Intellectual Property Rights (IPRs), you must have heard about copyright. Most of us know that copyright is an exclusive right that enables the creator to use his original work while preventing others from stealing it.

As a creator, you need to safeguard your unique and creative Intellectual Property (IP) assets. For instance,

  • Photographers should copyright their photos,
  • Software developers should use appropriate licenses,
  • Bloggers should issue DMCA (Digital Millennium Copyright Act) notices.

However, this can be a headache, specifically if you are prolific and your work is famous. That’s why many creators are adopting copyleft. Here’s everything you should know about the copyleft license.

Copyleft

Copyleft is all about a concept by which you can share your work to third parties with some rights such as copying, modifying, etc. Under copyleft license, people are free to use, change, or distribute the work as per their need in exchange for just one condition of preserving the same freedom in the modified versions of the work. It encourages more and better publications. However, copyleft obliges people to distribute the modified work on the base of providing the same or similar copyleft license to others, but it isn’t necessary to make copyleft work free like in the public domain.

3 Key Concepts Related to Copyleft

  1. Copyleft is About Users Freedom

Despite what the name implies, copyleft is not about abolishing copyright. Instead, it is a subset of the copyright license and functions on an objective to provide freedom to the users.To understand this concept, we need to recall copyright that bestows the owners of the original work with legal rights to dictate how others can or cannot copy, reform, and distribute their works. If someone uses the original work in a way contrary to how its creator allows, the owner is entitled to take legal action, i.e., file Copyright Infringement case. It means the creator with Registered Copyright holds power to restrict what others can do with his work. Although copyleft licenses exist within the legal structure of copyrights, their core notion is that the users should be allowed to copy, modify, and distribute works as they want, with only one crucial clause: all derivative works offer the same freedom of use to other users.

  1. Copyleft Is Much More Than Just Permission

Copyleft license is not like a permissive license, which grants users the freedom to do anything they want. Copyleft gives freedom but imposes some demands as well. The most noticeable requirement of the copyleft license is that the users must distribute derivative works under licenses that offer rights, which are either the same or similar to the original work.

For example:  Suppose a photographer gives you a copyleft photo. As a user, you have the right to modify and share that photo however and to whoever you want, but you would also need to permit anyone else to use your work as he wants. It is known as the ‘share-alike’ clause.

Copyleft is beyond just allowing freedom; it demands freedom.

  1. Copyleft Isn’t Always Free

As mentioned above, a copyleft has two aspects:

  • The freedom for users to copy, modify and distribute derivative works
  • The “share-alike” clause to maintain liberty in derivative works.

Nonetheless, there is nothing that makes copyleft work available at no charges. In other words, you may not be able to get a specific copyleft work without paying for it. However, once you do pay for it, you’re free to use it as long as you maintain the same freedoms in the derived work.

Difference between Copyright and Copyleft

Since the concept of copyleft springs out from that of copyright, there can be hardly any comparison between copyright and copyleft. Nevertheless, copyright is restrictive in terms of forbidding third-parties from using rights reserved for the author without his permission whereas copyleft allows third-parties to use the rights liberally but while ensuring that the liberality will not cut off and reaches to every user of the work. In simple words, copyright emphasizes restriction and originality of work of an author, whereas copyleft proffers as well as demands freedom.

Copyright or Copyleft

People often have queries; whether they should go for copyleft, is it right for them, etc. Well, solutions to such questions lie in the author’s will; whether to share the rights with third-parties ready to do the same with others or keep them to himself/ herself. If you go for copyleft licensing, you may sometimes find it a bit harder to make expected money. Besides, even if you succeed in making earnings, they would be significantly less in comparison to that you could have made by traditional copyright rules. Hopefully, this article has given you a better idea about copyright and copyleft that can aid you in making a fair decision. Nevertheless, if any doubt is bothering you, be smart and consult an experienced attorney who can assist you in understanding these legal terms better. For more visit: https://www.trademarkmaldives.com

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Dindigul Lock and Kandangi Saree from Tamil Nadu Get GI Tag

Dindigul Lock and Kandangi Saree from Tamil Nadu Get GI Tag

Geographical Indications Registry has recently granted GI (Geographical Indication) tag to Tamil Nadu’s Dindigul locks and Kandangi sarees, thus providing the Dindigul Lock, Hardware and Steel Furniture Workers Industrial Co-operative Society Limited and the Amrar Rajiv Gandhi Handloom Weavers Cooperative Production and Sales Society Limited, that applied for the certification, with exclusive rights over these products.

Dindigul Locks

The high quality and durability of these locks are the reasons; why they are famous worldwide, why the manufacturing city is known as Lock City, and why most government institutions such as hospitals, godowns, temples, and even prisons use these locks rather than the machine-made ones.

Started by Sankaralingachari brothers, the lock-making industry in Dindigul is nearly 150 years old, spread over a wide area of 5 villages in the district and consists of more than 3,125 lock manufacturing units located in Kodaiparailpatti, Kamalapatti, Nagelnagar, Nallampatti, and Yagappanpatti.

The artisans working in this industry use the raw materials like MS flat plates and brass plates procured from the nearby towns such as Salem and Madurai to make around 50 varieties of Dindigul locks. Every lock made by them possesses a unique style and an unusual name like Mango Lock, Export Lock, Door Lock, Almirah Lock, Excise Lock, Trick Lock, Drawer Lock, Square lock, Mango Seven Levers Lock, and Mango Nine Levers Lock.

The availability of plenty of iron in this region is the reason behind the growth of this industry.

Kandangi Sarees

Manufactured in Karaikudi taluk in the Sivaganga district, Kandangi sarees are the hand-woven sarees characterized by their large contrast borders. Sometimes, the borders are so large that they cover nearly two-third part of the whole saree, which is 5.10 m-5.60 m long.

These cotton sarees are being made by the adept weavers of Devanga Chettiars for women of Chettiar community, also recognized as Nakarathars or Nattukottai Chettiars for the last 50 years. They take over a week to make a single exquisite Kandangi saree.  As these cotton sarees well suit the summer season, customers often buy them in bulk.

Traditionally, Kandangi sarees were famous for their unique borders of temple checks design and were all brick-red, black, and mustard, a combination that flatters almost every type of complexion.

Deputy Registrar of Geographical Indications Registry, Chinnaraja G. Naidu, told that Dindigul lock and Kandangi saree have received the GI tag on August 29, 2019, and GI for these products was filed by GI Advocate Sanjai Gandhi and Chennai-based Intellectual Property Attorney. For more visit: https://www.trademarkmaldives.com

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