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After participating in many conferences and met many agents, patents are a complex and expensive process. There is 2 different ways to protect yourself. A patent or an intellectual passport. Many patent agent will argue that an intellectual passport would not stand in court, but many companies are making the switch since it is a lot less expensive. Nowadays, more and more jurisprudence are based on them. I personally worked with patents in the past but have seen a growth of interest with intellectual passport.
What is the difference between a patent and an Intellectual Passport ?
The Patent : is a contract drawn between a presumed inventor and the public, which is represented by the government of the state in which it was registered. Similar to a driver’s license, it is an assorted state license of rights, duties, and cancellation possibilities that are part of any contract. It gives its bearer the right to forbid a third party, through legal channels, from exploiting the invention in the country where the patent is registered.
The Intellectual Passport is the name of a collection of volumes. Each volume of this collection is edited without being divulged for the preservation of secrecy. It procures the author of an original (patentable or non patentable) concept the property of the literary and/or artistic work in which the description of the concept is integrated. This description benefits from the copyrights, as they are recognized by the international instances of intellectual property. Therefore, its extent is worldwide. Different from the patent, the copyright doesn’t forbid to a third party the right to exploit the invention; it forbids them from copying the descriptive (schematics) for commercial means. Without descriptive schematics, it is impossible for a third party to produce the invention or the concept. Furthermore, the economic forecast and contract folder that it contains validates the project from a marketing perspective.
The Intellectual Passport (non-published) and the Patent (divulged) are complementary: the first, because it procures initial property over the authors’ creation and the second, because it extends the authors right to the monopolistic exploitation of the innovation.
Further more regarding patents, i strongly recommend meeting with an insurance agent. Intellectual Property Insurance coverage protects companies for copyright, trademark or patent infringement claims arising out of the company’s operation. It pays the defense costs and any judgment up to the policy limits. If you are a start-up company and have an idea, Protect yourself. In case of a patent infringement, its your responsibility to build your case and prove that your are not at fault, without insurance this could be a very expensive process.
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