The Various Types of Patent Rights

Topics: Patent, Trademark, Invention Pages: 8 (2392 words) Published: April 13, 2013
Question 1:
Introduction:
Patent Right; is essentially a limited monopoly whereby the patent holder is granted the exclusive right to make, use, and sell the patented innovation for a limited period of time. According to Collins English dictionary a Patent Right is the right granted by a patent; especially the exclusive right to an invention. A patent is essentially a government grant to a person for the exclusive right to make, use, and sell his new and useful discovery, design, process, machine, manufacture, or other composition, or, any new and useful improvement on it. Types of Patent Rights:

There are several types of patent rights which are classified according to certain country and aspects. According to the U.S. Patent and Trademark Office (PTO) types of patent offerings different kinds of protection and covering different types of subject matter are as follows; i. Utility Patent; it is the patent issued for the invention of a new and useful process, machine, manufacture, or a new and useful improvement theory, it is the patent that permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing, subject to the payment of maintenance fees. They are also referred to as "patents for invention." ii. Plant Patent; These are the patents that not subject to the payment of maintenance fees. The patent permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. It is issued for a new and distinct, invented or discovered asexually reproduced plant, Example; cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, iii. Design Patent; The Design patents are other type of patent that are not subject to the payment of maintenance fees. They are issued for a new, original, and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. iv. Reissue patent; they are the patent that are issued to correct an error in an already issued design, utility, or plant patent, and they do not intervene the period of protection offered by the original patent. Question 2:

Introduction:
Trade Name; according to is refer to the name a business uses for advertising and sales purposes that is different from the legal name in its articles of incorporation or other organizing documents. A trade name can also be referred to as a "Doing Business As". Examples of trade names are the use of the name "AZAM" by the company whose legal name is "Bakhresa Food Product Company LTD" Brand Name; is the business name that identifies a specific product or name of a company. When a brand name is in use, creates a positive images or emotions in consumers, which also create valuebility of the name. Because of a brand name's importance, many companies want to protect it through trademark. (By Leslie,T. Demand Media) Difference between Brand Names and Trade Names:

i. According to Purpose,
The goal of a brand name is to provide an easy to recognize and remember name that creates a positive response in consumers. For example, many shoppers prefer to buy "brand name like NOKIA" products because of their perceived value. While, A trademark is there to provide legal protection of the brand name. Through registration, the company is able to seek legal action against others who copy or use the brand without permission. ii. Registration,

In registration the Brand names can be registered as trade names at the local and national levels. Businesses structured as corporations, partnerships and limited liability companies register with their locality. While, Trademarks are obtained from registering a brand name which requires submitting a sample of...

References: Kishombo, D. and Mutalemwa, D. (2010) “importation of counterfeits: What should be done?” The Economic and Social Research Foundation, Tanzania knowledge Network (TAKNET).
Leslie, T. (2009) “Difference Between Brand names And Trade names” Demand Media. Inc
Ndomondo, M. (2005) “Strategies for improving integrity of the medicinal Marketplace in Tanzania” Tanzania Food and Drugs Authority.
(2003)"Collins English Dictionary" © HarperCollins Publishers.
http://www.uspto.gov/web/offices/ac/ido/oeip/taf/patdesc.htm 1 June 2000), retrieved on 19th march, 2013. 03:53 Pm.
http://smallbusiness.chron.com/difference-between-brand-name-trade-mark-3580.html retrieved on 19th march, 2013. 04:32 Pm.
http://www.businessdictionary.com/definition/out-of-court-settlement.html#ixzz2Nu7mlgLx retrieved on 21st march, 2013 09:55 Am.
www.irantender.com/english/Document/Patent%20Rights.doc retieved on 19th march, 2013. 03:59 Pm.
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