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What We Do
PURDYLUCEY assists clients by helping in the identification, protection, and enforcement of our clients Intellectual Property (IP) assets. Our practice areas cover:
Patents
A patent is an agreement between a Government and an inventor where the inventor agrees to publish the invention for the world to see (and thereby stimulate research and development) in return for a time-limited monopoly on the invention. Generally the term of the monopoly is 20 years, but this can be extended in the case of certain pharmaceutical and veterinary products. In most countries in the world a patent application is published 18 after filing. No, depending on the country where you are trying to obtain a patent, there are certain criteria to be met before you will be granted a patent. In most countries, your invention will have to be found to be novel (new), inventive (non-obvious), as well as being found to have a use (utility). Further, in most European States a patent may not be obtained for certain subject matter, such as computer programs, business methods, and plant varieties. No, patents are national rights. There is however a worldwide International patent application (also known as a PCT Patent Application) which covers most of the worlds developed countries and which allows the applicant defer filing national patent applications for up to one and a half years. Further, there is a European Patent system which provides for the central filing, examination and grant of one patent covering all European States. However, upon grant the European Patent becomes a bundle of national patents. Generally speaking, an invention belongs to the person or persons who invent it. However, if you work for a company and are employed to conduct research and development in a particular field, then it is likely that any inventions you make during the term of your employment in that field will belong to your employer. Likewise, if you are a contract researcher, or a faculty member, in a University or publicly-funded research organisation, and an invention arises out of your research at the University, then it is likely that the University will have a beneficial right to any such inventions.
No, in most countries it is quite an exhaustive process involving filing of the application, issuing of a search report by the Patent Office, publication of the Application 18 months after filing, examination of the Application, and finally grant. This process generally takes between 3 and 5 years, depending on the country. However, in Ireland and certain other countries it is possible to obtain a patent without a substantive examination process. These patents are known as Short Term Patents, Utility Models, or Innovation Patents, and they generally have a lower requirement for inventive step, as well as having a shorter term of protection.
First, it is essential that you keep the details of the invention confidential, as any public disclosure of the invention prior to filing a patent application is likely to prejudice your chances of obtaining a valid patent in most countries in the world (the United States being one notable exception). Secondly, speak to one of our attorneys who will advise you on the best way to protect your invention. PURDYLUCEY provides a free initial consultation for prospective new clients. In order to advise you properly, we will need a description of your technology in sufficient detail to enable the invention to be understood. It is also useful to provide any data supporting the invention, and figures or drawings required to understand the invention.
There are a number of freely available patent search engines on the internet. Two of the most popular search engines are the patent search engine of the US Patent and Trade Mark Office, and the ESPACE searching facility. Links to these search engines and other search sites can be found in IP Searching. Trade Marks
A Trade Mark is a sign that is capable of indicating the origin of goods or services.
Once registered, it confers on the owner the exclusive right to use that sign
in a specific jurisdiction in respect of specific goods or services. Thus,
as Unilever PLC have a registered Irish Trade Mark for the word MAGNUM
In Ireland, a Trade Mark must be capable of being represented
graphically and distinguishing the goods or services. It must also not be descriptive or laudatory. Most Registered Trade Marks tend to be words, phrases, or logos. Examples of well known registered Trade Marks are TAYTO Yes, an International Registration covering many countries may be obtained through the World Intellectual Property Organisation (WIPO). Once registered, the International Registration becomes a bundle of national Trade Marks and any objections in relation to the individual National Registrations are handled at a national level. A single Trade Mark Registration covering the whole of the European Community, known as a Community Trade Mark or CTM, can also be obtained through the Office for Harmonisation in the Internal Market (OHIM). Otherwise, Trade Mark protection is predominantly obtained at a national level. Yes, searches can be carried out at the Irish Patents Office, the UK Patents Office, and the OHIM in Alicante. Links to these Trade Mark searching facilities are provided here. Patents Office - IPO - OAMI Design protection may be obtained to protect the look or aesthetic of an object. An example of a well known Design would be the shape of the MAGNUM ice cream which is protected throughout the world by Unilever as a registered design. In Ireland, protection of design may be obtained through Registered Design, or Unregistered Design Right. Design Rights In Ireland and the UK, the shape, configuration, pattern or ornament of a design may be protected through a Registered Design. The process involved in registering a design in a country involves filing an application for protection at the patents office of that country, prosecuting the application to acceptance, and then attending to the payment of renewal fees every five years to keep the protection in force. In Ireland, Registered Design protection can last up to 25 years subject to the payment of renewal fees every five years. Registered Design protection may be obtained through the European Community by means of a Community Design Registration (CDR). The protection conferred by a CDR last for up to 25 years upon payment of renewal fees every five years. Since 2002, European law has provided for an unregistered design right. This is a form of protection for designs that automatically comes into existence once the design has been put on the market, or otherwise disclosed to the public, in the European Community. As it is an unregistered right, there is no need to apply for protection. However, as the term of protection is only three years, it is best suited for the protection of products having short life cycles, such as clothing designs. The recent Irish High Court case successfully taken by Karen Millen against Dunnes Stores was based on enforcement of European (Unregistered) Design Right legislation. Copyright
The term of copyright protection depends on national law and the type of work involved. In Ireland, the term of copyright in a literary, dramatic, musical or artistic work is 70 years after the death of the author (on in the case of works having more than one author, 70 years after the death of the sole surviving author). Thus, copyright in the Beatles music in Ireland will last for 70 years after the death of Paul McCartney. Copyright protection subsists as soon as the work is recorded on a recording medium. Thus, once a poem has been recorded on paper or a memory device of a computer, copyright protection will exist. The universal symbol indicating that a work is the subject of copyright protection is ©. |
What
is a Patent?
in
respect of ice cream products, it is illegal for any unauthorised party to
use a mark identical, or confusingly similar, to MAGNUM 
