Delaware Patent Laws
- Intellectual property can be protected by patents.blue brain image by John Sfondilias from Fotolia.com
Delaware patent laws are those laws which empower a patent holder in Delaware with rights to manufacture, utilize, and sell for profit those innovative inventions and designs. Copyrights, intellectual property, trademarks all constitute patent law, since they have to do with rights to a specific designer, whether individual or corporate body. Patents are not perpetual; therefore, the patent holder has to renew the patent. Patents have to fulfill five requirements. They must be practically useful, original, non-obvious, clearly detailed/specified, and patentable according to the U.S. Patent Act, 35 United States Code. - Title 6-Chapter 33, Commerce and Trade, Trademarks, Brands and Labels is the principal law having to do with patent rights in Delaware. This Delaware law outlines the guidelines of patent application, registration, duration and renewal criteria, cost, process and record-keeping. The section 33a, titled "Truth in Music" tackles the issue of musical groups or performances which steal or falsely assume the trademark or brand of another performing group. Chapter 33 also handles the steps which patent organizations take in the face of forgery or counterfeited patents. Delaware reserves the right to cancel patents on the basis of unrenewed, abandoned, fraudulent or strikingly similar to a previous patent.
- Title 30-Chapter 19, State Taxes, Corporation Income Tax imposes a tax on a corporation's intangible properties such as patents, applications for patents, trademarks and brands. Patents are also subject to taxation under taxable income since patents are the channels through which an industry can monopolize and exploit a particular product for profit. Patent and copyright royalties also fall under taxable income. Thus, whenever holding a patent, it is crucial to be aware of the inevitable, corresponding taxation.
- Title 11-Chapter 5, Delaware Criminal Code, Crimes and Criminal Procedure, Specific Offenses, Offenses Involving Property attacks breaches on the rights of patent holders, at the same time, outlawing and punishing trademark counterfeiting. Delaware considers willful counterfeiting a patent as a serious crime. Where a counterfeiter has sold, bought, reproduced, handed out or traded an unsanctioned imitation of intellectual property, the law seizes the patent and a hefty penalty between $5,000 and/or three times the value of the counterfeited product or the fraudulent transaction. These transgressions are classed either class E or G felony.
Title 6 Commerce and Trade
Title 30 State Taxes
Title 11 Offenses
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