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FAQs FOR INDIVIDUALS
FREQUENTLY ASKED QUESTIONS (FAQs) FOR INDIVIDUALS
1. What is my Intellectual Property (IP) ?The IP of an individual can include his or her prospective or existing company name such as a sole proprietorship, DBA or LLC, the prospective marks (names) of it's products and services, potential exclusive rights to significant products and manufacturing processes therefor, and business plans. Your IP may be created directly by you, be generated by contractors, or may be acquired from others by sale or license. Back to Top2. How do I organize my IP ?IP should be documented (via paper and electronic records, and specimens) in terms of what it is, when it is created, who created it, where it is significant and when it is created and commercialized. Documentation should be secure and witnessed. Documentation of several items of IP should be centralized of possible. Back to Top3. What is the minimum I should do to manage my IP ?You do not have to do anything to protect your IP to start a business making, using or selling your creations. However, you should take reasonable measures to organize your IP (see above), control it's dissemination, give notice to other parties and the public of your claim of rights, and perfect rights via governmental registration. Many creations can be protected to some extent by inexpensive trademark, copyright, contract and trade secret tools. Back to Top4. What is the maximum I can do to manage my IP ?There is no absolute maximum management system. Examples of substantial management efforts include filing one or more patent applications (particularly applications outside the US), filing trademark registration applications, trade secret programs, contract programs, and search/monitor systems. Individuals that have important IP typically utilize the services of IP attorneys. Back to Top5. Should I be concerned about other persons' or companies' IP?Yes, but reasonable concern. Your products or activities may infringe the IP rights of other people or companies. In general, copyrights and trade secrets cannot be accidentally infringed, but trademarks and patents can. Searching is one means of preventing accidental infringement of trademarks and patents. Also, ownership of your own IP will not necessarily defend you from infringement of other's IP rights. Back to Top6. How can I make money from my IP?Making money from creations is difficult, but it can be rewarding. The two main options are (1) to start a business to make, use or sell your creation yourself, or (2) to sell (assign) or rent (license) all or part of your creation to a company or another person. Written transfers are strongly recommended and in many cases required. Back to Top7. Can I do any legal work myself?Yes. You can file US patent, trademark (federal or state), and copyright applications yourself for your creations. It is also possible to negotiate and prepare agreements. Proceed with caution when representing yourself in all legal matters. Back to Top8. Where can I find information about the legal and commercial aspects of IP?Sources of information include the Internet, libraries, the US Patent and Trademark Office (USPTO), Copyright Office, state commerce offices. Back to Top9. What can I do if another person or company is infringing my rights?You should be calm and careful. You should gather as much information as possible about your rights and the acts of the potential infringer. You should contact a competent attorney to analyze your case and discuss your options, but one option after careful analysis is to contact the other party directly. Back to Top10. What should I expect from the legal process?You should expect to be treated fairly. However, virtually all legal processes are difficult and many can be expensive and time consuming. So, you should be prepared for the unexpected. Back to TopHome | About Us | Members | IP | Employment | Mediation | Careers | Contact Us | Links
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