IP Strategies for Startups and Entrepreneurs
Expert-defined terms from the Professional Certificate in Intellectual Property Law Fundamentals course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**Absolute novelty** #
**Absolute novelty**
Concept #
A requirement in patent law that an invention must be new and not previously disclosed to the public before an application for a patent is filed.
In the context of IP strategies for startups and entrepreneurs, it is crucial to… #
This means that any public disclosure, sale, or use of the invention before filing a patent application can prevent the inventor from obtaining a valid patent. Therefore, it is recommended to keep the invention confidential until a patent application is filed.
**Copyright** #
**Copyright**
Concept #
A form of legal protection for original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Copyright protection arises automatically as soon as an original work is created… #
For startups and entrepreneurs, it is essential to understand the scope of copyright protection and how to enforce their rights. This includes registering the copyright with the appropriate government agency, using copyright notices, and negotiating licenses and permissions for using copyrighted works.
**Design patent** #
**Design patent**
Concept #
A form of legal protection for the ornamental design of a functional item, such as a product or device.
Design patents can provide startups and entrepreneurs with a competitive advanta… #
To be eligible for design patent protection, the design must be new, original, and ornamental, and the item must be capable of being manufactured. Design patents can last for up to 15 years from the date of grant.
**Fair use** #
**Fair use**
Concept #
A legal doctrine that permits the use of copyrighted works for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research.
Fair use is an important exception to copyright protection that allows the use o… #
For startups and entrepreneurs, it is crucial to understand the four-factor test for fair use, which considers the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.
**Freedom to operate (FTO)** #
**Freedom to operate (FTO)**
Concept #
The ability to commercialize a product or process without infringing on the intellectual property rights of others.
FTO is a critical consideration for startups and entrepreneurs when developing n… #
Before launching a product or service, it is essential to conduct a thorough FTO analysis to ensure that the product or process does not infringe on any existing patents, trademarks, or copyrights. This analysis can help startups and entrepreneurs avoid costly litigation and potential damage to their reputation.
**Infringement** #
**Infringement**
Concept #
The unauthorized use or violation of someone else's intellectual property rights, such as patents, trademarks, or copyrights.
Infringement can result in legal action, including injunctions, damages, and att… #
For startups and entrepreneurs, it is essential to understand the scope of intellectual property protection and how to avoid infringing on the rights of others. This includes conducting thorough FTO analyses, negotiating licenses and permissions, and seeking legal advice when necessary.
**Intellectual property (IP)** #
**Intellectual property (IP)**
Concept #
A legal term that refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs used in commerce.
IP protection can provide startups and entrepreneurs with a competitive advantag… #
It is essential to understand the different types of IP protection and how to secure and enforce their rights.
**Licensing** #
**Licensing**
Concept #
The granting of permission to use someone else's intellectual property rights, such as patents, trademarks, or copyrights, in exchange for payment or other consideration.