Processes to Protect IP (Intellectual Property)

Since IP is so varied in nature, different forms of Intellectual Property protection have evolved. These include patents, designs, copyright, plant variety rights, and trade marks – to be discussed later.

Each form of protection proceeds through a number of differing steps. These often include initial filing, examination, addressing examination, and grant or registration. Each step will have different requirements, depending on the type of protection and also the country where the application is filed.
Novelty is one of the most important requirements affecting IP owners.

Affecting patents, design registrations, plant variety rights, most countries have a requirement that any application must be filed before public disclosure occurs (see following section on Novelty). Once disclosure occurs, available options for these forms of protection may be limited, and greater reliance may need to be placed on the remaining less direct forms of protection.

Examination is typically performed by various Patent Offices or International Searching Agencies (typically associated with an IP body). Objections may be raised that the defined invention or IP is not new or novel, typically based on a search by the Office. Whether the IP is useful, or obvious may also be raised as an objection in some instances. The IP applicant is afforded an opportunity to address and overcome these objections, before the application is allowed to proceed to grant or acceptance.

A number of mechanisms exist for protecting Intellectual Property including: Patents, Registered Designs, Copyright, Trade Mark Registration, Plant Variety Rights, and various Common Law Rights. Each differs in its scope, degree of protection and the nature of the IP it best protects. An ideal IP portfolio is a combination which meets the IP owner’s current and foreseeable requirements.