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Clyde Knight Jr. is a seasoned businessman and "creator" who had suffered
from "pirates" and experienced many pitfalls that independent inventors
often find on their path when trying to protect their intellectual production.
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| DISCLAIMER:
Mr. Clyde
Knight Jr. is not a member of Africabiz®
editorial board. This is a featured article published by Africabiz®
on behalf of the author - May 28, 2001 -.Views and opinions expressed are Mr.
Clyde Knight Jr' s. |
| Pitfalls to avoid / Benefit from Knite Enterprise Savoir Faire / Eliminate the middleman |
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| Don't
get scammed or duped by the many invention promotion / marketing firms around.
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| MISSION |
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Our
goal at Knite Enterprises
LLC is to make sure that you are fully aware of all the possibilities and
techniques at your disposal to protect your hard intellectual work and inventions.
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| WHAT IS INTELLECTUAL PROPERTY PROTECTION? |
What
if for example one invented a new game:
Q. I invented a new board
game that I think will make a big hit on the marketplace. What form of intellectual
property should I use to protect it?
A. This is an interesting
question, because board games like Trivial Pursuit and Scrabble often encompass
all forms of intellectual property (IP)- a- trade secrets, b- copyright,
c- patents, d- trademarks and e- unfair competition.
So let's examine each and how it's applicable to your board game.
- Initially the idea and concept of your board game is a trade
secret. A trade secret is any information that isn't generally known
or publicly available that can give a business a commercial advantage. So everything
novel about your board game, until released to the public by sale or discussion
in a publication, is a trade secret. To keep your trade-secret rights, make
a written record of the game's details, sign and date it, write "Witnessed
and understood," and have two witnesses also sign and date it so you can prove
you invented it and when you did so. Keep the game details confidential, but if
you must show it to someone, have them sign a nondisclosure agreement.
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The second form of intellectual property that can be used to monopolize your game
is a copyright.
A copyright is a right granted by the government to protect the works of an author,
artist, programmer, choreographer, artist, photographer and so on. A
copyright provides a narrow monopoly since it covers only the way an idea is expressed
and not the idea per se. In the board game area, a copyright can be
used to cover the design of the game board and any associated hardware, the design
and artwork of the game's box, and the wording of the rules of play.
- If the game's apparatus-the playing pieces, board or equipment layout, rules
and so on-is different enough to be considered "unobvious," then you can patent
it. To get a patent, you must file a detailed description of the game's apparatus,
including drawings, with the U.S. Patent and Trademark Office (PTO), pay a filing
fee (currently US $ 345), and sign some forms. But it's wise to make a patent
search first to be sure your game is sufficiently novel. Patents can provide a
very broad monopoly, but they're the most difficult form of IP to acquire.
A patent lasts 20 years from its filing date and can't be
renewed.
- The name of your game is a trademark and can
be monopolized as such. A trademark is a brand name (like Ford, Coke and Scrabble)
that a business uses to distinguish its goods or service from those of its competitors.
You merely need to use a word or other symbol as a brand name to acquire common-law
monopoly rights in the mark. However, your rights will be much stronger if you
register the mark with the PTO. A trademark can be a broad
form of IP and can be renewed indefinitely, as long as it's used.
- Unfair competition is a right similar to the trademark right, but it
usually covers a commercial aspect of a good or service that is distinctive
but not distinctive enough to be considered a trademark. Under common law,
or judge-made laws, you can sue infringers. For example, an unusual coloring of
game pieces can be covered by the rules of unfair competition. It's a common-law
right and is generally fairly narrow.
| WHY PROTECT YOUR IP |
Every
independent inventor knows the toil and years that go into bringing an idea into
existence. The fact is that your ideas, concepts and innovations have real
value and can be stolen. The best defense against this sort of theft is for
the inventor to be able to readily provide proof of ownership.
I have
first hand experience being ripped off by one of the popular Invention submission
company advertised on national television. There are thousands of creators who
have
been ripped off too.
Here
are posted countless sad cases One of such cases is outlined below
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Edwin Armstrong is the inventor of much of the
technology used in radio and television. |
| ROADS TO IP |
As
an independent inventor you have two alternatives to securing your IP rights:
| You
can hire a professional to guide you through the patent process (That
may cost you something in the range of US$ 10,000 -20,000 to be conservative.) |
The
second listed alternative or strategy is to secure the privacy of your IP until
you are ready to disclose and sell; and then let the new owner or partner worry
about the patent process and the associated fees.
Whether you decide
to retain an Attorney, hire the services of a marketing firm, sell or attempt
to patent the invention yourself, you are in total control; confident to prove
legal ownership and stand up to any legal challenge in a court of law.
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Don't walk as a novice into uncharted waters! Don't let your innovation or concept
become an enigma.
Knite
Enterprises LLC, offers you a set of instructions for a nominal fee. You
don't need to give up your purse to protect your Intellectual property.
| PITFALLS TO AVOID |
Once
the US' Patent and Trademark Office - PTO - issues an Allowance for a Patent to
an inventor that patent is now a matter of public record.
Any
corporate entity that notices it and takes an interest may strategically level
an infringement law suit. If this entity loses they will then keep appealing,
using there financial prowess and seemingly limitless budget, until the inventor
runs out of resources!
Patents do not necessarily protect
an independent inventors ownership rights as does Privacy.
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Inventors must remember to only disclose to a prospective buyer what it does without
disclosing how it does it. This rule of thumb is general and should be utilized
with caution and according to the technology of your particular invention.
| BENEFIT FROM KNITE ENTERPRISES EXPERIENCE IN IP |
After
years and years of financial sacrifices and hard work one can imagine that the
"creator" succumbing to these legal pitfalls is frustrated, angry and
embarrassed.
Knite
Enterprises LLC, had the experience to guide you into safe lanes and show
you how to protect your rights and legal ownership of your IP.
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Knite Enterprises LLC Invention Protection Fundamentals
Manual is a comprehensive package of tips and no nonsense advises,
straight forward set of instructions written in plain English - no legal jargon.
You will receive all of the information that you need to protect your invention.
You will be guided step by step from its original date of conception to the final
stage of development...!
| ELIMINATE THE MIDDLEMAN AND SAVE TIME AND MONEY |
Don't
get scammed or duped by the many invention promotion / marketing firms. They will
charge you huge amount of money for poor result. You do not need a middleman from
the start. With Knite
Enterprises LLC's Invention Protection Fundamentals
Manual you will learn all about IP protection, You will be fully aware
of pitfalls. You will know the ropes and be in strong position when you hire a
specialist / professional. You won't be flabbergasted / hypnotized by "experts"
legal jargon. You will know your rights. You will lead the negotiation. Nothing
will be imposed on you.
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Remember it is one thing to prove that you filed for a patent correctly or first.
Its another thing to be able to prove in court that said invention is really your
sole property. The "first to conceive" the idea and is able to prove it will be
recognized as the true owner under the law. Don't waste time and money. Benefit
from Knite Enterprises
LLC's experience in Intellectual Property Protection.
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