patent rules | firma.jagusztyn.com

Patent rules : explanations for the beginners in the jungle of intellectual property.

Widespread ignorance of patent law and rules of contemporary inventiveness ends in fundamental misjudgments. Finally, many ruling bodies run into wishful thinking, impatience, or fury, too often.
To complete patent education of some too impatient circles, by explaining fundamental terms and problems concerning applied intellectual property, is the purpose of this text. The explaining below should answer the 11 basic questions waiting up for probationers in patent affairs, I hope:

Q1. What inventions, discoveries and know-how documentations are ?
Q2. What all patents are, in essence ?
Q3. Why ready to use, working invention isn’t any commercial product ?
Q4. Why inventive activities must be carried out unhurriedly ?
Q5. Why inventors are forced to end R&D works in strict conspiracy ?
Q6. Are modern inventors unworldly dreamers ?
Q7. Who is a serious party of patent rights transfer ?
Q8. What are the symptoms of doubtful intentions ?
Q9. Which circles are especially untrustworthy ?
Q10. Which circles are promising buyers of intellectual property (IP) ?
Q11. How execute safe transfer rights to intellectual property ?

Ignorant persons and novices mistake invention for discovery and know-how. Any discovery is free of charge common good being unknown fundamental knowledge about inanimate/animate matter.
Historical glory, public awards/prizes , and prize money are the only discoverer’s possible profits. Invention is any new utilization of known fundamental knowledge and prior published inventions. Apart from the above discoverer’s profits, inventor, or assignee may obtain temporary rights to invention, collect license fees, and transfer his rights to second parties for a fee. Time-consuming, very expensive public patent procedure is required in this aim. Effective legal patent protection and judicial inquiries of stated patent infringements are expensive, protracted and difficult tasks today.

Know-how is a set of detailed operational procedures ending in desired results by utilizing defined means, i.e. published knowledge, inventions, technologies, software, hardware, or efficient magic. Know-how documentation is trade, business and industrial secret. Know–how transfer isn’t entirely
open contract. So, effective legal protection of a know-how transfer is much easier than patent. All parties of a contract are obliged and forced to protect secret information in their own interest.

The juridical and business relation between discovery, invention and know-how was illustrated in practice by Alfred Nobel. The principles of conservation of matter and energy have been the great discoveries of science. Everyone is allowed to utilize the principles in business. Transformations of matter/energy were realized by devices which were the subject of millions of known inventions.

The principles were the base of many patents, giant fortunes and international corporations. Alfred Nobel was the example-inventor, who gain fortune and fame utilizing the principle of conservation of matter. However, all patents expire by 15-25 years and inventions become free common goods.

Alfred Nobel knew it and selling rights to his patents, has protected his successors’ interests well, by clauses concerning know-how distribution: any buyer was obliged to protect know-how against strangers forever. This way, Alfred Nobel prolonged legal protection of his R&D works up to century successfully, giving us the effective direction: know-how enforce natural community of interests between patent transfer’s parties and is the best protection of inventors’ rights. Patents are legal basis and pretext of contracts. Many robbers blew up, disregarding the Nobel’s effective direction.

The good old times, when patent publications were clear and rights transfer was simple, were up in XX century, definitively. First, the military limitations suppressed open market of intellectual property (IP) in the field of applied science. Next, the plague of military, industrial and business espionage, and intelligence disinformation, have produced genuine avalanche of law problems associated with IP and created the contemporary general distrust, which benumb IP exchange.

Finally, legal cases about IP are in progress by tens years, cost the earth, and giant corporations rob IP exploiting the inability of creators to strive with their attorneys in courts by a long time.

The first task of any creator and assignee is protecting his own rights against crowds of amateurs of easy mark today. All credulous assignees lost their rights, disregarding the fact: descriptions of promising inventions are studied very carefully by IP professionals with the aim of circumvention of priority and claims, in any way, and filling similar patent application. Thus, the 1t indispensable condition of protecting valuable IP is advised invention description and patent claims at the start: priority must be registered, claims’ circumvention should be very difficult, and the invention must be disclosed on the school – demonstration level, without know – how production – documentation.

All key words in patent application must be farsightedly chosen very well, with a great care. Thus, inventive activities should be carried out unhurriedly at all stages before filling patent application.

R&D works and invention’s tests require close conspiracy. It is a common practice to carry out R&D works abroad under smoke-screens, and to misinform spy-organizations by false publications.

Caution and silence are indispensable. Pursuit of profit and publicity destroyed many creators. IP probationers are mistake, equating patent documentation and know-how documentation. Patent documentation is the barrier against unpunished IP robbery, by definition. The assignee discloses ready to use, working idea, only, not any know-how production-documentation. The last one may be appended as confident part to the contract concerning transfer of rights to invention, if parties
agree on it. Experienced IP buyers, U.S. DOD e. g., buy rights, know-how, and engage creators simultaneously. It accelerates the conversion of invention into industrial products. Probationers, grabbers and IP robbers waste time and money, starting theirs R&D works from the ground up. Second IP probationers’ mistake is equating ready to use inventions and commercial products.

The embodiment of ready to use invention is a prototype demonstrating an idea in practice, only. Commercial product must comply with hundreds of terms concerning its destinations and safety before admission to legal trade. The conversion of an invention into commercial products takes years and requires teams of mass-production experts. Inventors may support they by consulting.

Third IP probationers’ mistake is archaic opinion about inventors as unworldly dreamers. In realty, contemporary inventors are, in majority, very efficient businessmen and self-educated lawyers. Moneymaking is too boring job for them, however they are able enough to fight with professional lawyers and win in courts, if necessary. Some famous lawyer’s offices may confirm it, unwillingly.

All inventors are knacky people. They outplay and make a fool of any robber, easy, if he ask for it. R&D is very risky activity and ends in robber’s misadventure, or in bankruptcy, often. Spies and robbers should remember that inventors permit of grabbing his IP property, in hidden intentions.

Moreover, many inventors are creators of secret inventions. They, unawares, are dead-dangerous for IP robbers, like contact mines: counterespionages wont to intervene without notice and mercy.

Natural community of interests enforces fragmentary mutual confidence being the best basement of successful multilateral enterprises. From here, a serious party of patent rights transfer must be trustworthy, bank-solvent, and easy verifiable. Not only illegal and crime proposals, but also all informal and suspicious initiatives are the symptoms of somebody’s doubtful intentions, or falsity.

The first iron principle of modern experienced inventors and researchers is principle of legality. The 2d iron principle of IP transfer is contract in writing, made by law office, or notary registered. Whoever evinces suspicious intentions and don’t comply with the principles, including government agencies, must be excluded from believable business partners, as untrustworthy, or unserious one.

All intelligence organizations are untrustworthy by definition: their aim is to gain information by all means, e.g. by traps ending in subreption, hypnosis, telepathy, blackmail, abduction, narcotics, or mortal tortures. Many naïve inventors ended as “accident in intelligence work” since ancient times.

In addition, giant corporations evince all the office-aberrations farsightedly described by F. Kafka and C. N. Parkinson: communistic irresponsibility, incompetence, lawlessness, self-incapacitation by internal regulations, decisive paralysis, and many mental aberrations associated with rat race.

Giant corporations are conservative and block industrial application of revolutionary inventions for years, repurchasing all patent rights. Creators are lured by promise of giant, conditional royalties. Next, inventions are shelved and naïve creators deprive his rights themselves, gaining coppers.

All rising organizations, corporations and countries are promising buyers of intellectual property. There is no place for technological conservatism, office games and time loss in growing business. Its owners and managers are ready to accept limited risk associated with new ideas, knowing from history that one fresh outlook and risky idea were the basement of majority successful enterprises.

Known on IP market, professional IP agents are trustworthy IP buyers also, however their offers are much lower commercial value of creators’ rights. Only desperate IP owners sell his rights this way. Today, the best procedure of IP transfer is public/closed tender, executed by known IP agent.

Certificated IP agents are expensive, but only transfer by tender enforce community of interests between owner and agent. Finally, the procedure maximize both safety and prices of IP transfers.

Screen copy 20.02.2011.

Widespread ignorance of patent law and rules of modern inventiveness ends in fundamental misjudgments. Finally, many ruling bodies run into wishful thinking, impatience, or fury, too often.

To complete patent education of some too impatient circles, by explaining fundamental terms and problems concerning applied intellectual property, is the purpose of this text. The explaining below should answer the 11 basic questions waiting up for probationers in patent affairs, I hope:

Ignorant persons and novices mistake invention for discovery and know-how. A discovery is free of charge common good being new fundamental knowledge about inanimate/animate matter.

Historical glory, public awards/prizes , and prize money are the only discoverer’s possible profits. Invention is any new utilization of known fundamental knowledge and prior published inventions.

Apart from the above discoverer’s profits, inventor, or assignee may obtain temporary rights to invention, collect license fees, and transfer his rights to second parties for a fee. Time-consuming, expensive public patent procedure is required in this aim. Effective legal patent protection and judicial inquiries of stated patent infringements are expensive, protracted and difficult tasks.

Know-how is a set of executable procedures ending in desired results by utilizing well-defined means, i.e. any knowledge, inventions, technologies, software, hardware, or by efficient magic.

Know-how description is trade, business and industrial secret. Know–how transfer isn’t entirely open contract. So, effective legal protection of a know-how transfer is much easier than patent.

All parties of a contract are obliged and forced to protect secret information in their own interest. The juridical and business relation between discovery, invention and know-how was illustrated in practice by Alfred Nobel. The principles of conservation of matter and energy have been the great discoveries of science. Everyone is allowed to utilize the principles in business. Transformations of matter/energy were realized by devices which were the subject of millions of known inventions.

The principles were the base of many patents, famous fortunes and giant corporations. Alfred Nobel was the known inventor, who gains fortune and fame utilizing the principle of conservation of matter. However, any patent expire by 1-25 years and inventions become free common goods.

Alfred Nobel knew it and selling rights to his patents, has protected his successors’ interests well, by clauses about know-how distribution: any buyer was obliged to protect know-how against strangers forever. This way, A. Nobel prolonged real legal protection of his R&D results up to century, giving creators the effective direction: know-how enforce natural community of interests between patent transfer’s parties and is the best protection of inventors’ rights. Patents are legal basis and pretext of contracts. Many robbers blew up, disregarding the Nobel’s direction.

The 1t task of any creator and assignee is protecting his own rights against crowds of amateurs of easy mark today. All credulous assignees lost their rights, disregarding the fact: descriptions of promising inventions are studied very carefully by IP professionals with the aim of circumventionof priority and claims, in any way, and filling similar patent application. Thus, the 1t indispensable condition of protecting valuable IP is advised invention description and patent claims at the start: priority must be registered, claims’ circumvention should be very difficult, and the invention must be disclosed on a school – demonstration level, without industrial know – how documentation.

R&D works and invention’s tests require close conspiracy. A common practice is to carry out R&D works abroad under smoke-screens, and to misinform spy-organizations by false publications. Caution and silence are indispensable. Pursuit of profit and publicity destroyed many creators.

IP probationers are mistake, equating patent documentation and know-how documentation. Patent documentation is the barrier against unpunished IP robbery, by definition. Patent discloses ready to use, working idea, only, not any industrial know-how documentation. The last one may be the confident part to the contract concerning transfer of rights to invention, if parties agree on it. Experienced IP buyers, U.S. DOD e. g., buy rights, know-how, and engage creators simultaneously. It accelerates the conversion of invention into industrial products. Probationers, grabbers and IP robbers waste time and money, starting theirs R&D works from the ground up.

Second IP probationers’ mistake is equating ready to use inventions and commercial products. The embodiment of ready to use invention is a prototype demonstrating an idea in practice, only. Commercial product must comply with hundreds of terms concerning its destinations and safety before admission to legal trade. The conversion of an invention into commercial products takes years and requires teams of mass-production experts. Inventors may support they by consulting.

Third IP probationers’ mistake is archaic opinion about inventors as unworldly dreamers. In realty, modern inventors are, in majority, very efficient businessmen and self-educated lawyers. Moneymaking is too boring job for them, however they are able enough to fight with professional lawyers and win in courts, if necessary. Some famous lawyer’s offices may confirm it, unwillingly.

Moreover, many inventors are creators of secret inventions. They, unawares, are dead-dangerous for IP robbers, like contact mines: counter-ISs wont to act without notice and mercy.

The first iron principle of modern experienced inventors and researchers is principle of legality. The 2d iron principle of IP transfer is contract in writing, made by law office, or notary registered. Whoever evinces suspicious intentions and don’t comply with the principles, including government agencies, must be excluded from hopeful business partners, as untrustworthy, or unserious one. ll intelligence organizations are untrustworthy by definition: their aim is to gain information by all

means, e.g. by traps ending in subreption, hypnosis, telepathy, blackmail, abduction, narcotics, or tortures. Many naïve inventors ended as “accident in intelligence work” since ancient times.

International corporations are untrustworthy because of practicing inventors’ legal incapacitation by juridical traps and protracting expensive legal cases by tens years. Moreover, the corporations carry own intelligence activity, work in with governmental organizations in many countries, and are members of IJS (International Jackals Society is confederacy of intelligence services acting to the detriment of national interests, for their own illegal quick profits-see The History of Cold War). In addition, giant corporations evince all the office-aberrations farsightedly described by F. Kafka and C. N. Parkinson: communistic irresponsibility, incompetence, lawlessness, self-incapacitation by internal regulations, decisive paralysis, and many mental aberrations associated with rat race.

All rising organizations, corporations and countries are promising buyers of intellectual property. There is no place for technological conservatism, office games and time loss in growing business. Its owners and managers are ready to accept the risk associated with new ideas: they know from history that fresh outlook and risky idea were the base of majority successful enterprises.

Known on IP market, professional IP agents are trustworthy IP buyers also, however their offers are much lower commercial value of creators’ rights. Desperate IP owners sell his rights this way. Today, the best procedure of IP transfer is public/closed tender, executed by certified IP agent.

Certified IP agents are expensive, but transfer by tender enforces community of interests between owner and agent. Finally, both safety and prices of IP transfers are maximized this way. ®