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Military-owned businesses often possess unique technological advantages derived from years of research, development, and practical application. These innovations, ranging from advanced materials to sophisticated software, can be valuable assets in the commercial marketplace. Understandably, effectively protecting these assets is critical to success in any business. But what steps should an entrepreneur take to protect their idea, and how does the patent process work?
One veteran-owned company’s journey — combined with a patent attorney’s experience preparing and filing patent applications — provides valuable insight into what veterans should do to safeguard their intellectual property.
Patents protect inventions. Each patent generally represents a bargained-for-exchange in which one or more inventors publicly disclose an invention to receive an enforceable right to exclude others from practicing the invention for a limited time. For example, non-inventors may be excluded from manufacturing, using, importing, selling, or offering to sell an invention protected by a patent. As part of that exchange, the invention enters the public domain and becomes available for anyone to use once the patent expires, which is generally 20 years from the date of filing the corresponding application.
Patents are territorial. That is, the right to exclude others from practicing an invention protected by a patent is generally only enforceable within the boundaries of a country or region that sets the legal requirements for obtaining the patent.
Patents are granted by governmental agencies that a country or region tasks with reviewing patent applications for compliance with patentability requirements. In the United States, patents are granted by the United States Patent and Trademark Office (USPTO). Patent owners are responsible for enforcing patent rights — not the governmental agencies that grant patent rights.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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