Intellectual Property Guidelines
This page explains how intellectual property laws are applied on hypios and how Solvers are protected while solving problems here. The first part of the page will provide descriptions of the different intellectual property terms and statuses that apply to hypios. The second part will explain how they apply to hypios, followed by an FAQ. This text assumes a basic understanding of how hypios works.
For a more general introduction to hypios, please watch our animated tutorials.
Intellectual Property
Intellectual property rights are exclusive rights over creations of the mind. IP rights protect the interests of creators by giving them property rights over their creations. IP is usually divided into two branches: copyright, which protects literary and artistic works; and industrial property, which protects inventions.
Copyright
Copyright laws cover creations of the mind and artistic creations, and may only be claimed by the creator or on his or her behalf. Copyrights grant exclusive rights to control the reproduction, practice and adaptation of such works for a given period of time.
Licensing rights
The copyright owner may authorize a third party to practice the creation for a specific period of time and purpose. Licenses may be exclusive, where the copyright owner agrees not to authorize any other party to carry out the licensed acts; or non-exclusive, which means that the copyright owners may authorize others to carry out the same acts.
Industrial Property
Industrial property takes many forms: industrial designs, trademarks, and patents for inventions.
Industrial Design
An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in two- or three-dimensional form which has aesthetic value.
Trademarks
A trademark is a sign (™, ®) used to distinguish a certain symbol, image, logo, phrase, service or combination of these elements from other similar ones and to inform consumers that the products bearing those signs originate from a single source.
Patents
Patents are granted for solutions to existing problems that can be considered inventions. Patents give the inventor the right to prevent others from using or practicing the invention without a license from the inventor for a certain period
of time. In order to count as an invention (and thus be eligible for a patent), the solution must exhibit four qualities:
- Utility: The invention must be capable of some kind of industrial application.
- Novelty: It must show some new characteristic unknown in its technical field.
- Non-obviousness: It must show an inventive step that could not have been deduced by a person with average knowledge of the technical field.
- Patentable subject matter: The invention must be eligible for a patent as defined by national law. This varies from one country to another.
An invention is distinguished from a discovery by human intervention. For example, the discovery of a new mineral would not be an invention. Developing a process to refine the mineral would be an invention. An invention does not already have to have been fabricated to be eligible for a patent; it is idea of the invention itself that is protected by law.
How Intellectual Property Rights Apply on hypios
Three things can happen to a solution submitted to hypios, and each has a different status. In all cases: as soon as any solution is submitted to hypios, its IP rights are also transferred to hypios.
The Winning Solution
When a Seeker chooses the winning solution, hypios gives the Seeker exclusive rights to the solution. The Solver forfeits all rights to practice or resell this solution.
The Runners-up
In addition to the winning solution, the Seeker can select up to four other solutions. We give the Seeker licensing rights to these solutions, and we give the Solvers whose solutions are selected a smaller portion of the reward money than the winning Solver. The Runners-Up retains the right to resell and practice their solutions.
Other Solutions
Not all solutions submitted for a problem on hypios will be chosen by the Seeker, but that doesn't mean they go to waste. Every solution submitted to hypios that is not purchased or licensed by the Seeker will be stored in our solution database. The next time a Seeker has a problem for which a solution in the database could be used, we will offer to give the Seeker controlled access to the appropriate solutions in the database. If the Seeker finds a solution in the database and purchases its exclusive or licensing rights, we pay the Solver accordingly. A solution's presence in the database does not prevent its author from selling the solution's exclusive or licensing rights to someone else outside of hypios. In this case, the Solver is not required to share any of the profits with hypios.
FAQs
Do intellectual property rights change according to the Seeker's country? The Solver's country?
Intellectual property rights for hypios users remain the same regardless of location. They are the rights established during the Paris Convention for the Protection of Intellectual Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Despite their age, these two conventions remain the standard documents for international industrial and intellectual property laws.
Can a solver submit a solution to hypios without giving up the IP rights?
As soon as a solution is submitted to hypios, its licensing rights are also transferred to hypios. Solvers whose solutions are not chosen by the Seeker will retain their rights to sell the solutions elsewhere.
You guarantee that my ideas are safe on hypios. What exactly stops a Seeker from simply taking my solution and not paying for it?
Anyone can be a Solver on hypios. However, not everyone can be a Seeker. We have close relationships with all of our clients, and they fully understand the legal consequences of behaving dishonestly on hypios. We've also put in place a number of security measures that must remain confidential to maintain their effectiveness.
Once I submit my idea to hypios, I also transfer my IP rights over it. Can I have a receipt of this transaction?
If I find a buyer for my solution in the solution database before hypios does, how do I alert hypios that it no longer carries licensing rights to the solution?
Until we develop automatic interfaces for these services, email us at rights@hypios.com.
How long does hypios retain a licensing right over my solution?
hypios will maintain a licensing right over the solution for 25 years or until it is purchased, either by a hypios Seeker or another party. If a Solver sells the exclusive right to someone else, hypios will remove the solution from its database.
Can a trademarked solution be submitted to hypios?
Yes, but only if you agree to sell the exclusive rights to the trademarked object.
If I already own the patent to a solution, can I still submit it as a solution on hypios?
Yes, but only if you agree to selling the exclusive rights to your invention to the Seeker.
