4.4.3. Management of intellectual property at the stage of acquisition of rights

If the result of intellectual activity that can satisfy the legal requirements of the object of intellectual property, such as inventions, utility models, industrial design, trademarks, computer programs, works of literature, and the like, there arises a fundamental question: “should the result of intellectual activity, legal protection of the patent?”

The grant of legal protection is advisable if:

the object of protection was previously unknown, i.e. it is not a prior art;

protection grants the exclusive right to object to the proposed protection;

the object of protection is a commercial value;

the object of protection will help reduce the company’s costs;

the object of protection is helping to meet the needs of the consumer;

the object of protection strengthens the market position or position in the industry;

the object of protection perceived by the market, then there will be the demand;

the subject matter is such that potentially may be licensed;



costs of legal protection will be less than the income from its use;

the object of protection increases the value of total assets.

But even if the potential object of protection meets most of these criteria, you should think about alternative protection of trade secrets (know-how). Such protection is advisable if the protection of the patent is weak and it can bypass a competitor, for example, received a similar patent.

If the decision on the acquisition of legal protection, it is necessary to answer the second important question:

“When grant legal protection?”. As a rule, do not need to obtain a patent at an early stage of development of the idea or when is not yet ready production base for its implementation. In this case, the competitors, after reviewing the description of the invention, can be ahead of the developer of intellectual property with the introduction of an innovative product on the market. The best option is patent at the time of exit of goods to the market. In this case, the competitor will not have time to work on the lead.

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