Intellectual property rights audit - know what you have (Part 3 of V)

Focus on intellectual property audit

Each intellectual property audit should focus on four key areas. First, attorneys who conduct audits need to identify all intellectual property within the organizations subject to audits. Second, attorneys must identify problems that exist in intellectual property rights. Third, lawyers need to identify the organization's intellectual property title or flaws of enforceability. Finally, lawyers need to identify unprotected intellectual property.

Identification of intellectual property

In identifying all the intellectual property assets of an organization, attorneys focus on "identifying the subject of intellectual property, how it functions and how it is identified within the organization" It is. Different types of organizations highlight various types of intellectual property, depending on the purpose of the organization. Artistically based organizations must implement copyright protection, but there may be few patentable acts or trade secrets, if any. On the other hand, the technology base or manufacturing organization is highly dependent on patent and trade secret protection, and should not rely on copyright protection. Most organizations are more likely to use logos and other trademarks.

Identification of intellectual property problems

Lawyers conducting intellectual property audits go back to their creation of proprietary rights of intellectual property to identify problems that may exist in the organization's intellectual property. Lawyers look for assignment contracts from employees, former employees, contractors, strategic partners, acquirers, and other persons who may have intellectual property rights if not assigned. This is because, in the United States, the inventor "in the process that the present invention" excludes the creation, use, sale offering or sale of inventions of others via the United States, or imports the invention into the United States The right to exclude others from use, the offer to sell or sell through the United States, or the right to import within the United States, the specification of the specification, and in some other countries, The inventor may be nominated as inventor The inventor must be one or more persons who can assign patent rights to the organization in the US The independent contractor and consultant agree to the other As long as you do not do so, copyright that holds the copyright to the material fixed to the tangible medium is the same.

Lawyers conducting intellectual property audits also confirm contracts that exist between employees and employees of the organization. Former employer. New employers can raise issues of intellectual property rights if they breach the previous employer's non-compete / non-disclosure contract by assigning the right of the new contract to the current employer. Here, the intellectual property attorney, advance non-compete / private contract.

Identification of intellectual property rights or defects in protection

Lawyers conducting intellectual property audits need to identify the assets to be protected rather than the assets they currently own. In some cases like patents, if the organization postpones decisions pursuing registration that is too long, the protection of the key may be lost forever. Since the inventor has publicly disclosed or used the present invention more than a year ago before filing a patent, it should be completely patentable, but it has often been a problem that I hit the court of patent law is there. Alternatively, the inventor may think that her invention is entirely obvious that it is actually patentable. Lawyers can also identify precious trade secrets that the organization should protect carefully.

Identification of unprotected intellectual property

Since owners can not register intellectual property rights to the appropriate agencies, copyright and trademark protection are often based only on regular usage. Alternatively, the inventor may accuse the court of patent law by mistake and make the invention unpatentable. Since certain intellectual property rights (in particular patent rights) can not be implemented unless their assets are registered with appropriate government agencies, trying to exercise intellectual property rights may cause organizational problems. Ultimately, without the registration of intellectual property, the value of intellectual property itself may decline. Lawyers need to identify one of these problems and attract the attention of the organization. In the case of patent registration, an organization may wish to improve the problem if the organization is unlikely to obtain registration due to a one-year legal reason. Lawyers need to identify problems with ownership of intellectual property rights or records of licenses. If the organization does not record such changes, the second licensee will prevail the organization as the first licensee, if the organization can not notify by registration. In US patent law, this notice has a 90 day lookback period. Proper registration will also ensure that full relief is available for infringement.

Continue to part IV.