Scams in intellectual property
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Scams in intellectual property include
scam A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers hav ...
s in which inventors and other rights holders are lured to pay money for an apparently official registration of their intellectual property, or for professional development and promotion of their ideas, but do not receive the expected services.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
(IP) is a very complex area and covers a vast range of diverse subjects. As a result, there are opportunities for unscrupulous individuals and organizations to take advantage of those wishing to secure protection for their IP.


Registration services

Registration services are organizations or individuals that contact IP applicants or owners and request payment for an apparently official registration of their IP. Many applicants for and owners of
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
s,
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...
s and
industrial design rights An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or co ...
receive letters from such registration services and different IP offices and organizations around the world regularly issue warnings in connection with the offered services. The registration services target applicants directly because patent, trademark and design applications are published a set time after filing or upon grant along with freely available information about a name and address for the applicant. Registration services use this information to send requests for payment to applicants shortly after publication. The documents are confusing as they appear to be from official governmental agencies and to be legitimate invoices. A scam increasing in frequency, as of October 2011, is an email originating from a domain name registrar or IT consulting company based in China that purports to notify a trademark holder that another entity is seeking to register the client's trademark or business name as a domain name in China, Hong Kong, Taiwan, or Asia. The email gives the brand owner a short period in time in which to secure the domain name for their own. These notifications are essentially solicitations. Generally, in the event there really is a third-party who is seeking to register your brand name for nefarious purposes, there are channels available for addressing such uses if and when they materialize.


Published warnings for different forms of IP

* American Intellectual Property Law Association (AIPLA)
Patent Registry Scams
* Australian Patent Office
Warning! Unsolicited IP Services
* Belgian Patent Office - Warning to inventors about fraudulent registration services, in

or

(with link to
Decision of January 14, 2005 of a Belgian Appeal Court (Brussels, R.G. 2003/AR/2192 and 2003/AR/2356)
(pdf) - in French) *European
Community trademark A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a na ...
s
Warning
*European Community designs
Warning
*
European patent application The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to w ...
s
Information from the European Patent Office
* French Patent Office
Warning
*
International Trademark Association The International Trademark Association is a global association of brand owners and professionals dedicated to trademarks and complementary intellectual property to foster consumer trust, economic growth, and innovation, and committed to building ...
(INTA)
Warning: Beware Unsolicited Trademark Services
* International Bureau of the WIPO (international patent applications)
Warning
A "Practical Advice" regarding the "Measures that are being taken by the International Bureau against fraudulent requests for payment of fees, and actions that can be taken by the applicant or agent" was also published in th
PCT Newsletter, July-August 2011, No. 07-08/2011
pp. 13–16. * International trademarks
Warning
*Swiss Patent Office

* United Kingdom patent applications
Warning: Unsolicited mail about unofficial registration services
* United Kingdom trade marks
Warning: Unsolicited mail about unofficial registration services


PCT registration services

Registration services are known to target applicants of international patent applications. The
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishi ...
(WIPO) has issued a warning about several of these services, including: *IPTO - International Patent & Trademark Organization *RIPT - Register of International Patents and Trademarks *IBIP - International Bureau for Intellectual Property *ODM - Patent Trademark Register *IBFTPR - International Bureau for Federated Trademark & Patent Register *IOIP - Organization for Intellectual Property *ODM - Register of International Patents *ODM - Office Data Management *IOPTS - International Organization for Patent & Trademark Service *FIPTR - Federated Institute for Patent and Trademark Registry Inc. (see "''State of Florida v. Federated Institute for Patent and Trademark Registry and Bernd Taubert''

*CPTD - Central Patent & Trademark Database *CCIT - Commercial Center for Industry and Trade *CPD - Central Patent Database *Register of International Patents *Register of International Patent Bulletin/Registre des données bulletin europeén des brevetes *Institut of Commerce for Industry, Trade, Commerce/Wirtschaftsinstitut für Industrie, Handel, Handwerk AG *Central Data-Register of International Patents


Domain slamming

Domain slamming is a form of
scam A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers hav ...
in which an
internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privat ...
(ISP) or domain name registrar attempts to trick customers of different companies into switching from their existing ISP/registrar to the scamming ISP/registrar, under the pretense that the customer is simply renewing their subscription to their old ISP/registrar.


Invention promotion firm scams

An inventor promotion scam or invention promotion scam is a scam where inventors are lured to pay money for development of their invention, or promotion of it, without the development or promotion actually occurring. Some
invention promotion firm An invention promotion firm or invention submission corporation provides services to inventors to help them in develop or market their inventions. These firms may offer to evaluate the patentability of inventions, file patent applications, build ...
s have been found to engage in improper and deceptive practices. Signs of an unscrupulous invention promotion firm include: *Exaggerated claims about the market potential of the invention *Refusal to offer advice in writing, or having all correspondence confined to promotional material and scheduling phone calls. *Request for money immediately and upfront *Money back guarantees - Reputable professionals charge a fee for service and are compensated for their work and, therefore, do not offer money back guarantees.Invention Submission Companies
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References


External links



for invention promoters/promotion firm complaints and responses

Consumer advice concerning Invention Promotion Firms {{Scams and confidence tricks Confidence tricks Deception Fraud Intellectual property law Consumer fraud