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Jan 12, 2010
Non-Disclosure Agreement Helps in Securing Intellectual Property Safely
The intellectual property is regarded as one of the valuable
assets, which requires security and protection. One must take utmost
care to protect the intellectual property in order to use it to the full
potential. It is never possible to keep the intellectual ideas locked
at one corner of the mind, as thus it is not ensured that it will remain
safe. So you must come across face to face with truth and find an
effective solution to the worry. You must be giving hard thought about
how to keep your unique ideas sealed from the business partners, so that
it should not turn out to be the key to their success. The best way to
utilize the intellectual property possessed by one is to share with the
people, who are prospective ones to fetch you, profit in return. One of
the nice options to keep the IP secured is to protect and share it at
the same time and this can only be done, when you sign up a non-disclosure
agreement. The non-disclosure agreements are also referred as Confidentiality Agreements. They are forms
of simple non-disclosure agreement, which allows
one to share the intellectual property possessed by you with others. In
most of the cases the inputs of the other parties act as the
profit-fetching device and in this case, the information never comes
under a risk, which is not justified. Let us take an instance in this
regard. Say, an innovative idea has struck your mind and you want to
consult an expert for gaining further knowledge on it, before you go
ahead and develop it. In this case, if you are worried that your idea
can be stolen then the non-disclosure agreement will be the wise
decision to have peace of mind. The main objective of signing the NDA in
this case is to maintain the confidentiality clause between the expert
and you. The confidentiality clause in the agreement is an element
ensuring that both the parties agree that you have agreed to disclose
some information to the other fore some specific purpose. This happens
to be a legal form, which wont permit them to reveal the information
shared by you. The NDAs resemble several other forms, such as, One-way Non Disclosure Agreement, Business Sale Non Disclosure Agreement, Invention Non
Disclosure Agreement, Partnership Agreement with
Confidentiality Clause, Non-Compete Agreement with
Confidentiality Clause and different others. Each of them ensures
a particular purpose bore by you and ideally fit your desire. Requirement of
Non-Disclosure Agreement: ˇ You are eligible to use the agreement to guard
your decision to share the intellectual property with the expert, who
can guide you through the further procedures. ˇ This will ensure
that the expert wont pass on your information to anyone else. ˇ Thus a NDA can be
considered as a partnership agreement between the advisor and you
ensuring the safety of the IP. For more
information flip through the pages of http://www.nondisclosure-agreement.com
Posted at 04:06 am by johnmathew1234
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Basics for Conducting Patent Search
If you are an inventor then the obvious fact
that hits your mind after you have felt proud enough about your
invention is how to conduct a patent search successfully.
Here are some tips and tricks handy for you to have a patent search
overtly successful in every aspect. Just go through this brief overview
and it will really be a cakewalk for you to get started with your
objective. Be the Detective Yourself The first thing to start with your patent
search is to find out that whether anyone has already patented the
idea came to your mind. If it is the case, then you might face
difficulty to get a patent on your invention. The easiest way to know
that whether the idea has been patented or not is to keep a stern eye on
the products of same nature launched in the market or available in the
store. It will be a bad luck if the item is already in the market then
there are no ways you can get a patent on it. Only if you can implement
an improved form, then securing a patent on it is likely. Patent
Search with the help of a Search Engine ˇ One of the best
ways to conduct the patent search is utilizing Google and find whether
your invention is already prevailing in the market or not. It is one of
the easiest methods to ensure success in searching the patent. Recently
specialized patent search feature has been launched by Google and it is
offered free of cost. It is indeed a great place to search the patents. ˇ If you are a US
resident then you can also access the US Patent and Trademark Office
(USPTO). It is very easy to conduct the Patent Search at the basic level
yourself. The USPTO constitutes all the patents issued so far in its
database. So no other place can be as ideal as the USPTO database to
have a successful patent search. ˇ Third party search engine patent search is
another great option to search the patents. Though it is not a option
available free of cost but special rates are there for individuals who
are in the look out of search pass only 3 days or less older. Profession Patent Search There are patent agents and patent attorneys, who will help
you to conduct professional patent searches. There are
several companies, which provide you with specialized services regarding
this matter. After you have conducted the patent search successfully,
then comes the need of Patent
Brokering and patent
licensing, and it wont be a difficult task at all to get acquainted
with them. For further details flip through
the pages of http://www.Patents.com
Posted at 04:01 am by johnmathew1234
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Dec 23, 2009
Things to be Remembered While Searching for Patent Attorneys
An Invention takes place as the necessity for something
arises. Everyone does not possess the natural ability to invent a thing.
It might be the case that they have tried their entire life solving
very few problems and make the perfect selection. Still every individual
somehow have the right moment to say âEurekaâ, as it happens to be the
moment when his or invention is on the verge of meeting realization.
That is indeed a moment when you feel excited to the utmost. Then the
time comes when you want your fame to be patented in a product, which
will be high flying and will be successful to the core. Then you need to
consult a patent lawyer to make your
purpose fruitful and full proof. So the search for patent attorneys begins. Here is a
brief overview on the different steps to be followed in searching a
responsible patent attorney. These will no doubt assist you at a great
deal in your trial to seek the ideal professional, to extenuate the
usurious fees of the attorneys and lastly to go about the process
smoothly. In this case, it is better that you must always remember
âREDACTâ, an acronym, which is the most important essential guiding you
through the process of placing the invention in the form of a patent.
The full form of âREDACTâ, is as follows, R - Research on
the process of patenting; E â Educating
yourself on the basics of patent in general term; D â Describing the invention; A â Anticipating the changes in the invention; C â Considering the facts taking place in advance; T â Thinking on the hiring process. Another great
attribute to your search for a patent
attorney is your notebook. It acts as the most important
aspect during selecting the right person. All the conversations need to
be recorded in the notebook. These records will act as one of the best
options to detect any form of discrepancies in the entire procedure.
The notebook will also stand out to be the mode to gather the entire log
on your hard work and progression. It also happens to be a full proof
documentation of every meager element involved in the process. Now comes the
turn to have an idea on the best characteristics of a patent attorney.
They are as follows, ¡ The patent lawyer should be a
graduate from an eminent law school. The patent attorney must also
possess a relevant degree in a technical discipline or science stream,
having experience of varied nature is always a plus in writing patents ¡ The attorney must
be knowledgeable enough in the field of the invention you are dealing
with. A good patent attorney should be well versed in different field
of technology. ¡ You must always keep in mind the affordability
factor while choosing a patent attorney. Many a time, the big law firms
turn out to be very expensive but on the other hand, the smaller firms
can be a good bargain with a very helpful set of counsel on patent for
your project. Here are few questions, you must ask to your attorney during
the interview. The questions must bring out the fact that haw many
patents have been written actually by the attorney and does any of them
have ever been challenged or overturned or not. The last question should
be that how many patents written by the lawyer has really been a
success in financial aspect to the inventor. The answers will surly
solve all your dilemmas while choosing the ideal candidate as your
patent attorney and will leave a good opportunity before you to draw a
line of comparison.
Posted at 11:59 pm by johnmathew1234
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Issues Addressed in a Simple Non Disclosure Agreement
The Simple Non Disclosure
Agreement, which is also known as confidentiality
agreement is generally signed between two companies or two
individuals. This means, the Non Disclosure Agreement in almost every
case includes two entities, which can either be society or a partnership
or any other identity. The requirement of this agreement arises when
the entities consider doing business between themselves. The Non
Disclosure Agreement is known by other names also, such as, proprietary
information agreement (PIA), secrecy agreement and others. It is in all
case is a contract made legally between two parties and constitute
knowledge and materials, which are confidential in nature. The
information is mostly kept secret and is shared only between the parties
in mutual interest and is restricted to any third party usage by means
of One-Way NDA Forms A Non Disclosure Agreement
Form is signed when the parties have the intention to evaluate the
potential existing in the business relationship. If the non-disclosure agreement
template happens to be mutual then the parties might possess
restriction in providing the material. Single party restriction is also
imposed often. Sometimes the employees also sign the NDA with the
employer. In precise term the agreement that comprises a clause, which
restricts the usage of the confidential information owned by the
company, can be referred as Non Disclosure Agreements. There are few
specific issues that are often addressed in a NDA. They are as follows, - The parties
should be outlined to the agreement.
- The information that are considered
as confidential should be defined well. All the items should be
mentioned vividly in the agreement. Some of the items include, know-how,
financial information, customer lists, verbal representations, business
practices/strategies, vendor lists and many others.
- The items that needs to be excluded
from the list of confidentiality should also be included in the
agreement, as otherwise the confidentiality of the data will prove to be
null and void. The situation will arise if,
a) The recipient
has prior knowledge about the materials b) The recipient gains the knowledge later from
another source c) The materials are available to the public in general d) The materials
are subjected to a subpoena. - The provisions restrict data transfer or violation of
national security.
- The time period for the confidentiality in years
should be taken into consideration.
- A permission of ex-parte injunctive
relief should be obtained
- The obligation raised by the recipient include some
typical version of obligation and they are as follows,
a) The information
should be utilized according to the process described b) The information
needs to be disclosed only to the individuals who are entitled to know
it c) The effort to
keep the information secured should be appropriate. d) Attention
should be put to ensure that to whom the information is been disclosed
abides by the obligation on restriction of the usage. The types of
disclosure, which are permissible, should always be ensured by an order
of the court of law.
For more
information flip through the pages of http://www.nondisclosure-agreement.com
Posted at 11:50 pm by johnmathew1234
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Non-Disclosure Agreement, safest way in securing intellectual property
Like every other assets, intellectual property is
indeed a valuable asset, which needs protection and security. One needs
to protect IP while utilizing it to its full potential. Lets face it.
You cannot just lock your intellectual ideas at one of the safest
corners, away from your business partners, who in turn can make it a
success so some way or other. To utilize your intellectual property you
also need to share it with prospective people who can fetch you profit.
You can protect your IP in several ways while sharing it with others and
one such way is signing a non-disclosure agreement. The non-disclosure agreement also known as the confidentiality
agreement, allows you in sharing your
intellectual property with others, whose inputs are necessary to fetch
you profit however, without unjustifiably risking the information. For
example, if you have an innovative idea but you need to consult an
expert to have further knowledge in order to develop it more an
appropriate non disclosure agreement or NDA can ensure
you the peace of mind. Precisely, it is the non-disclosure agreement
that actually supports in keeping the confidentiality of your IP between
you and the expert. A
non-disclosure agreement is like a confidentiality
agreement between you and the other party where you agree to unveil
certain information to them for a specific purpose. It is somewhat a legal form where they
also agree to not reveal your IP information to anyone else. Why you need the non-disclosure
agreement In the strict sense, you are
eligible to use the non-disclosure agreement when you
decide to share your intellectual property with an expert whose help you
need to develop it further and at the same time you do not want him to
pass your IP to others. Non-disclosure agreement is thus more like a partnership agreement between you and
your adviser to ensure safety to your IP. You need this employment agreement or
non-disclosure agreement for the following purposes - It might happen that you have
developed a prototype of a new widget. Prior deciding to produce it at a
large scale you need to have a cost estimate. It is then the non-disclosure agreement will come handy to protect your
innovative idea/product.
- You have developed a new business model and you need
someone to venture funding on it or perhaps want to respond to a
confidential RFP. In both the cases you have to share your IP with a n
expert whose expertise you can hire provided you sign a non disclosure
agreement to keep your IP safe and secure.
As any other legal document before signing non-disclosure agreement seek help of a legal professional. For more information flip through the pages of http://www.nondisclosure-agreement.com
Posted at 11:49 pm by johnmathew1234
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Patent Brokering: The Best Way for Marketing Your Patent
You must have heard a lot about the
term Patent Brokering while at home or office. But how many of us are
aware of the proper meaning and significance of the term? Terms like Patent Licensing and Patent Brokering may be discussed
frequently but we hardly have any detailed knowledge about them.
Preserving intellectual property is considered to be an important aspect
of business. Patents are the only way by which you can safeguard
intellectual property, which is regarded as one of the most expensive
business assets. So here is a brief know-how on the domain of Patent Searches. Hope it will
help you When we have a physical asset we try
to maintain and manage it. Similar is the case with intellectual
property as well. An intellectual property needs to be accounted,
maintained and professionally supervised in order to maximize the
returns. In todayâs world creative individuals are evolving new ideas
every other day. An intelligent analysis of your patent is the only way,
which will fetch you lucrative returns. Patent brokering is known to be
the most reliable and intelligent analysis procedure of your patent. It
helps you in making a well-organized and committed marketing of your
patent, and obtains maximum profit. The
seller in the open market may be a small company, which has patented an
invention but is unable to maintain it due to lack of resources. On
the other hand bigger companies are always on a look out to acquire new
technologies and inventions, and usually come as buyers. It is at this
juncture the services of a patent brokering firm is required. Patent
Brokering services smooth the progress of technology transfer while
connecting the seller with the buyer. The role of Patent Brokering and sales agents is very
important for the growth of business. The patent brokers act as
mediators between the seller and the buyer of an invention while
organizing and managing the entire process of the deal. The patent
brokering agencies are experts in trademarks, patenting, have excellent
technical know-how and offers you with the best solutions of making your
patent a commercial success. Thus
you can very well understand the importance of patent brokering
agencies. Their function is different from that of the Patent
Agents. The patent brokers follow a series of steps
for successful implementation of Patent Licensing and marketing.
From initial due diligence and market research to relationship
management and value analysis, patent brokering firms are there to help
you through thick and thin for marketing and licensing your patent.
Posted at 11:49 pm by johnmathew1234
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Steps to Conduct a Patent Search
A patent refers
to the right granted to an inventor for discovering any new machine,
useful process or a manufacturing item. This right gives patent holder
the right to prohibit others from using, making, patent sales or selling in US
the claimed invention in patent exchange for full
disclosure of invention. A patent is a simple way of protecting any
discovery or invention. For
conducting a patent search, there are few
things that are needed such as US patent applications, patent
marketing services, patent file histories, patent referral
services, patent software and patent searching service. Here we provide
you with some steps that need to be followed for conducting a patent
search.
Conduct
self-search- First determine
which kind of patent you want to seek. Utility patent covers up
functional facets of invention whereas the design patent covers up only
the appearance of invention.
- Access patent
database online like the ones offered by U.S. PTO (Patent and Trademark
Office) and IBM. Find out the most important categories and
sub-categories for the invention.
- Read out class
descriptions in database for finding out, which are the ones that hold
immense significance.
- Review all the
patents that are issued within the categories or classes.
- Carry out the
keyword searches for the potential invention. Donât leave any stone
unturned.
Hire
Professional Experts - You need to know
the options firstâa patent attorney or patent agent or lay searcher.
Patent agent is the one having a technical training and is licensed by
U.S. PTO for preparing the US patent applications. For finding
out patent searchers, you can have a look in yellow pages under the
category of âPatent Searchersâ.
- Make use of the
searcherâs services proficiently. Do this by offering the searcher with
complete and clear description of your discoveries or invention along
with drawings.
- Analyze the searcherâs response
methodically.
Warnings
and Tips - You mustnât be
concerned about compromising your inventionâs trade secrets while
corresponding with the professional searcher. The information exchanged
is regarded as confidential.
- Most of the
search reports include the following: description of the invention or
discovery provided by searcher for confirming absolute understanding of
the invention and to just indicate what has been searched; list of
references and patents discovered at the time of search, brief
discussion about found patents and the references etc.
- In order to have
a thorough patent search with utmost
accuracy you should be well aware about all the practices and techniques
related to it. It is better to gather further information on the matter
before you try your hands on it.
- Always try to
have legal references and seek consultation from a patent attorney. This
will guide you to up-to-date and comprehensive information.
- Inadequate or
incomplete patent searches can simply waste money and time. Search
comprehensively to ensure your plan is patentable and doesnât infringe
on the patents, which are in effect.
For
further details flip through
the pages of http://www.Patents.com
Posted at 11:45 pm by johnmathew1234
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Look at the charge before approaching the patent attorneys
A patent is a
set of special rights that are given by the state, to a particular
inventor for only a certain time period in place of the public exposure
of any type of invention. You might be very afraid that a patent will cost you a lot. You
might be an independent inventor. There are very large companies that
are willing to pay a large sum because it will not affect them. But in
case you are an individual inventor, it becomes a huge problem. You may find that you will have to
shell out quite a hefty amount for obtaining a patent. In the U.S. in
order to file a basic application for patent, the fee is $500. After the
patent is given, the inventor needs to pay an issue fee of $700 and
also a publication fee of $500. Surcharge needs to be paid if the patent
application is more than 100 pages. Now you can easily understand that
the fee for simply the Patent Office is quite high. Then comes the fee
of the patent attorneys. Very often they
charge $150 to $400 per hour for the service that they give. Some
companies need to pay $12000 to $14000 to the patent
attorney in order to get the application
to the office. But there are definitely some attorneys who charge a much
lower fee, making the work affordable. At last you may think if such a hefty
amount is at all worth paying. If you think that it is not worth then
it is better to simple forget it. But if you feel that getting a patent
is an investment and it will help you in the long run, then you can
obviously take some steps to decrease your cost. You might want to get your
application made by a professional. Here you can decrease your cost by
using a patent agent instead of a patent
attorney. Patent agents are the ones who
charge low rates but have the necessary qualifications to make the
application. But definitely their cost is worth it. However, patent
lawyers are very much experts in this work. They can
very easily help in filing a patent for a particular invention. But do
not think that you can make every idea of yours patented. You also need
to know well if your invention is truly valuable in the market. Go for
patent only if your idea has the power to make money. Hiring a good patent
lawyer is the simple and perhaps just one step to
protect yourself from the patent infringement, in committing it or just
to be a party to it. Patent
lawyers are very well knowledgeable about the fact that
it will be the first attempt towards getting a patent. Now, a patent licensing gives the owner
of the invention the right to stop any other people from using the
particular invention and it neither grants the patent owner the right to
use the invention. In an exclusive license, the owner gives all the
ownership to the licensee for not using the invention. In a
non-exclusive license, the owner promises not to sue the licensee for
infringement of patent. For further details flip through
the pages of http://www.Patents.com
Posted at 11:44 pm by johnmathew1234
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Patent Attorney, the experts to turn your patent into profit
You might have
thought it a number of times to utilize your patent and earn money
however questions like how to go about that? Whom to contact? What are
the loopholes to ponder on? All these, or perhaps other thousand
questions might have teased you out of thought. Fret no more! Now, if
you have an intellectual and wish to earn from it seek help of the professional
patent attorney, who can support you in turning your patent
into profit. Armed with the specialized qualifications, the patent lawyer is basically an
attorney who represents his client while obtaining patent. Relating to US Patent application and indeed to go
for the patent sales the patent lawyer is the one to bank
upon in almost every matter and procedures relating to patent law and
practice Whether to support you in licensing a
patent, or to help you in applying for the patent while creating the
marketability, the patent lawyers are there to assist you with in your
every patent related requirement. Filing an opposition, verifying the
information during the confirmation for the license of your patent are
now easy with the guidance of the patent
attorneys as they are the ones to rely on as your one stop
contact or patent agent for smooth and hassle free selling of
your patent. The
work of a patent lawyer is thus varied and includes all of the following - The patent
attorney has the license to represent the clients before the patent
office.
- The patent lawyer is the one to
prepare the file and prosecute the patent application
- He is the one to
provide the petentibility opinions.
- Your patent
lawyer will support in your patent sales
- He is the one
who will give you patent information when contacted.
Your invention starts as soon as you
develop or own an idea but in order to earn money from the idea you
require a trustworthy, core team and indeed a team effort. A skilled
patent attorney is indeed the key to success while selling your
patent and helps in securing a bulletproof patent protection whilst
striking the best deal for you when you decide to put your patent up for
sale. Try to pick up the best patent
attorney to suit your requirement. Consider the following tips whilst
choosing the patent lawyer. - Opt for an
experienced patent attorney
Settle for an experienced patent
attorney as in legal cases it is the experience, which pays. The patent lawyer should be
registered as a patent. Look for a patent lawyer with pertinent
experience in areas likes patent selling, patent
infringement lawsuits, patent brokering, patent applications, patent
licensing. - Consider the patent attorneyâs fee structure
Cost is also an important factor
whilst choosing the patent attorney. Unless you really want to spend a
fortune settle for a rather affordable patent lawyer. Find out the
attorneyâs billing structure (Flat or hourly rate) to avoid
misunderstandings. However, most importantly before settling for a patent lawyer,
check the state bar if there is any disciplinary complaints against
him. This simple crosschecking not only ensures you peace of mind but
also helps in avoiding scammers.
For further details
flip through the pages of http://www.Patents.com
Posted at 11:41 pm by johnmathew1234
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