This guide provides an overview of intellectual property rights. Topics included cover trademarks, service marks, copyrights, patents, and trade secrets. Information on remedies for infringement is also provided.
Montana USLegal Guide to Intellectual Property Rights
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Multi-State
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US-GDE-22
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Word;
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FAQ
Intellectual property represents an essential feature for technology intelligence, as well as a key stage in technology transfer and innovation management. Increasingly, its protection and registration enable the development of technology-based firms or startup companies.
Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
The transfer of a right from one party to another. For example, a party to a contract (the assignor) may, as a general rule and subject to the express terms of a contract, assign its rights under the contract to a third party (the assignee) without the consent of the party against whom those rights are held.
An assignment of rights agreement refers to a situation in which one party, known as the assignor, shifts contract rights to another party, known as assignee.
Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.
The assignment of intellectual property (IP) refers to the process by which ownership of work product created for an entity by an employee or consultant is transferred to the entity.
To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.
In general, the right of priority can be assigned together with the patent or trade mark right to which it relates, and it is typical to include an express assignment of priority in an IP assignment agreement.
An intellectual property assignment is the transfer of an owner's property rights in copyrights, trademarks, patents, trade secrets, or other intangible creations. Such transfers may occur on their own or as parts of larger asset sales or purchases.
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