C) is the right answer: A Creation (Lat. creare) is neither an invention, nor an innovation. It is an original idea put into material form onto a physical medium. When the Creation is of a literary and/or artistic nature, it secures Copyrights (Author’s Rights) to the physical person namely, it’s Creator or Co-Creators. An Invention (Lat. inventio from invenire), is the discovery and the development of the process described in the Creation. An Innovation (Lat. innovatio), is the introduction of the invention into mainstream audience (lucrative or non-lucrative). Consequently, Creation occurs prior to invention, and before innovation.
2 - I intend to put my original concept in a notarized envelope or in the sealed envelope of an Intellectual Property Office or Institute. Does it grant me an Intellectual Property on my creation? Is it secured?
B) is the right answer: Is it not a secured! A sealed envelope does not secure an Intellectual Property. It merely proves that the one who filed the original concept knew of the envelope’s content. Thereafter, its content can be used to dispute a subsequently filed utility or design patent, exclusively in the country of residence of the person who filed the original concept.
3 - Does a national patent (temporary title) allow me to disclose my project to investors and/or to potential collaborators with complete peace of mind?
C) is the right answer: A national patent is totally ineffective for an invention with an international scope. Moreover, its mandatory disclosure exposes it to every industrial predator around the world. Common sense dictates that the titleholder who doesn’t have the means to extend his patent to other countries around the world will most probably lack the financial resources to protect it in court.
4 - I have an innovative concept in mind and need to talk about it to specialists: Is a confidentiality and non-disclosure agreement sufficient to preserve its secrets?
C) is the right answer: If the idea is still in a person’s mind, it is nobody’s property. In this case, a confidentiality and non-disclosure agreement has no legal validity nor substance before a court-of-law.
5 - With a Patent (temporary title), I can defend myself in court against violators!
C) is the right answer: A patent does not grant a right to commercialize, rather, it is a right granted temporarily to its holder forbidding third parties, through costly legal proceedings, to commercialize what is patented: 1) exclusively in the country where the patent is filed; 2) so long as sufficient financial means are available for a civil suit against a counterfeiter.
Consequences: 1) unlike Copyright (Author’s Right) that secures the Author, a patent on an invention is not a patent for the inventor, since it is the patented inventor who must protect his patented invention; 2) the inventor cannot initiate legal proceedings in the countries where the patent is not filed.
6 - Who does a patent (temporary title) belong to once it is issued to its holder?
B) is the right answer: Comparable to a license, a patent is not a property, but a privilege one pays for and that is issued for a limited term, which is a contradiction to the fundamentals of free market. A patent is a \"title\" granting exclusive industrial rights in the hands of the government within its national territory. The government can temporarily grant, without any guaranty, this entitlement to the one who pays for its right of usage and meets its criteria. The titleholder does not own the title; he enjoys a monopolistic privilege for twenty years, \"under his sole financial responsibility\", in the country(ies) where the patent is issued. Moreover, the government of each country has a preemptive right on any patent that allows for its seizure, despite the claim made by its applicant or titleholder.
7 - Can I provide insurance for my patent with an insurance company?
D) is the right answer: Given that its mandatory disclosure leads to litigations instead of preventing them, a patent is mostly uninsurable (see Doctor E. Martin’s statement, as CEO of M.CAM, on October 28, 2002, in Aalborg, Denmark, who declared, with the concurrence of Lloyds of London, Chubb, AIG, etc., that patent cannot be insured because it poses too many risks).
8 - Yes or no: Companies, such as Walt Disney, have acquired international patents?
9 - Despite being the patent titleholder, my invention was copied by a multinational! I have thus decided to legally sue the company. Onto whom falls the burden of proof?
A) is the right answer: The burden of proof falls on the victim ~ titleholder of a patent or his beneficiary ~ who sues the copier since, on the one hand, the titleholder’s anteriority claims are not intellectual properties and, on the other, a patent is not guaranteed by the government that issues it.
10 - Does being the titleholder of a patent protect me against electronic or other forms of espionage?
B) is the right answer: No one is safe from electronic espionage and even less so a patentholder since it is published on line by the Intellectual Property Institute or Office, hence around the world, and that its validity is based on divulging its secrets.
11 - Given that I am neither a writer nor an artist by trade, by what means can I be internationally recognized as the owner of my creation?
A) is the right answer: By making a book with a non-publishing editor specialized in Intellectual Property, expert writers in this field will transcribe the Creator’s biography following the rules of literature. Apart from the artistic quality of his drawings, it is prominently the indubitable literary quality of the work that ensures the Copyright’s authenticity. To reinforce his property, the Creator can also use the law governing copyright on motion pictures and films, which enjoys global intellectual property coverage and by integrating his creation in an audio-visual work (film, video, etc.).
12 - Are legal proceedings pertaining to illegal copying of a Creator’s original literary and/or artistic work (his creation) subject to civil or criminal law?
A) and B) are the right answers: The Intellectual Property on a literary and/or artistic work is a natural Right that pertains to the moral field; therefore, it relates to plagiarism (theft), an offence against public order, including impersonation. For its part, counterfeiting a utility patent (or even a design patent) is an offence against private interests under Civil Law. Consequently, the major asset of a literary and/or artistic work lies in plagiarism, which is constitutionally against public order, hence criminal. Plagiarism results from the illicit copy of all or part of the work for commercial purposes. Chinese plagiarists were incarcerated in China for having plagiarized Microsoft (re: http://www2.chinadaily.com.cn/china/2009). In such cases, the proceedings, under Criminal Law, are the State’s responsibility. If the Creator or his Beneficiary has sufficient financial means, he can also initiate a lawsuit under Civil Law.
13 - Is it necessary to complete an industrial prototype or to commercialize an original service-oriented concept to establish one’s Intellectual Property?
C) is the right answer: It is not the building of an industrial prototype nor the commercialization of an original service-oriented concept that procures Intellectual Property to an author. It is the Creation of its description ~ the first step in the natural, logical order of things “creation Þ invention Þ innovation” ~ that ensures the anteriority of the creator’s rights; namely: Copyright (Author’s Rights).
14 - Can an original idea generate an Intellectual Property claim?
A) is the right answer: So long as it remains an idea, it does not belong to anyone. By putting it into a material form onto some physical medium, the idea becomes a Creation, not an invention! For the Creation to be officially labeled as a Copyright, it must be of a literary and/or artistic nature.
15 - Can an original concept (technology, product, process, methodology or service) be included in a literary and/or artistic work category, as sheet music and books?
A) is the right answer: It is possible, if the description of the original concept is put into material form within a creative literary and/or artistic work (or even a motion picture, film or other form of audio-visual work).
16 - Must a creative literary and/or artistic work, called a Work of the Mind, be filed with an institution to render a Copyright to its Creator?
17 - Can the creator of an original concept automatically claim its property?
C) is the right answer: If the Creator has completed the description of his original concept following the rules of art (literary and/or artistic), he is inherently its owner.
18 - Does filing for a patent (or another monopolistic title) cancel the ownership of a prior preceding literary and/or artistic work describing the same invention?
B) is the right answer: One has no legal right whatsoever to nullify or cancel the ownership of a literary and/or artistic work done prior to any subsequent claim, including that of a patent (or any other monopolistic title).
19 - Must the Creator of an original marketable concept wait until he meets potential investors to acquire his Intellectual Property?
C) is the right answer:
1) Yes, as long as the Creator has not fashioned his literary and/or artistic work, he must wait before meeting potential strategic, financial and/or investors and/or collaborators…
2) No, if the Creator needs money to acquire his Intellectual Property. In this case, he must first file his creations with the Editor who will later fashion the unpublished volume. To peruse the Creator’s secrets serenely prior to any injection of funds, an investor (strategic or other type of partner) must sign a confidentiality and non-disclosure agreement in which he acknowledges not knowing the Creator’s secrets filed with the Editor …
3) If the investor (strategic or other type of partner) is interested, once the unpublished volume is complete, he must still sign the confidentiality and non-disclosure agreement before perusing its related secrets.
20 - Is the Inventor or the Creator of an original concept automatically protected by a confidentiality and non-disclosure agreement?
A) is the right answer: For a confidentiality and non-disclosure contract (protocol, mandate) to be effective, it must be linked to an Intellectual Property previously established or in progress with a non-publishing editor, according to the provisions included in subparagraph 2) of question 19, hereinabove. When the investor funds the Creator’s Intellectual Property, this contract must be an integral part of his literary and/or artistic work.