Television commercials for certain products, such as Mr. Coffee electric coffee maker and Yes detergent, assert that the product is unique because it is patented. Basic requirements to preserve your patent rights. Before seeing a patent attorney, you should not release any information about the product or innovation publicly, since public disclosure triggers various laws by which rights can be irrevocably lost.
You should also have written documentation, signed by a witness, of every step that went into making your invention, to prove that you are the actual inventor.
If any of your employees are likely to be inventors, you should have them sign agreements, in advance, that inventions developed in the course of their work for you belong to the company. A trademark is a word, phrase, or symbol two- or three-dimensional that identifies your product or service in the marketplace.
Trademarks, like patents, can be used creatively in your market program. Shape, such as the Jeep front grille and the Coca-Cola bottle, or even building designs, such as McDonald's golden arches. Ornamental color or design, such as the decoration on Nike tennis shoes, the black and gold color combination of a Duracell battery, or Levi's small tag on the left side of the rear pocket of its blue jeans. Catchy phrases, such as McDonald's registered phrase "Two-all-beef-patties- special-sauce-lettuce-cheese-pickles- onions-on-a-sesame-seed-bun," or Tammy Wynette's registered trademark "First Lady f Country Music.
To establish ownership of a trademark, you must first use it in a commercial sale of the goods or services. Then you should promptly file an application for registration of the mark in the U. After the office determines that the mark is not confusingly similar to any previously registered mark, it will issue the official registration.
This notice of your rights to the mark enables you to legally prevent others from using the mark anywhere in the United States, even if they don't know you've used it before.
Basic requirements to preserve trademark rights: Have a search conducted to see if the mark is still available; get legal advice to verify that the mark can be registered; and learn how to use it properly to complete your ownership. A trademark attorney can check the U. Patent and Trademark Office, which covers only existing U. A copyright prevents copying of any writing, work of art two- or three-dimensional , or computer program. Ownership in a work exists automatically the moment the work is reduced to tangible form.
Some states also offer their own trademark registration systems, although federal registration provides the most protection. In order to federally register a mark, an application must be filed in the PTO. The trademark examiner will review the application to see if certain requirements are met, including whether the mark is likely to be confused with other registered marks for the same or similar goods or services. The registration process may take up to a year or possibly longer before the mark is granted registration or is finally rejected.
A trademark owner has the rights to prevent others from using the same or a similar mark in connection with the sale of the same or similar goods or services if the other mark is likely to confuse consumers as to the source of the goods or services.
A federal registration for a trademark may be renewed every 10 years if the mark is in continuous use. The fourth type of intellectual property is a trade secret. A trade secret is information that has economic value from being kept secret and that is the subject of reasonable efforts to keep it secret. The owner of a trade secret may sue anyone who misappropriates wrongfully acquires, discloses, or uses the trade secret.
Trade secrets are governed by state law, although there are some federal statutes that also protect trade secrets. Trade secret protection lasts as long as the information is kept secret. Thus, none of the four areas of intellectual property law directly protects an idea. While it may be possible to further develop an idea to make it into a patentable invention or to use the idea to create a copyrightable expression, trademark, or a valuable trade secret, the pure idea itself is not protected by these areas of law.
So, is there anything one can do to protect an idea? If one wants to disclose an idea to someone else, the best choice is to enter into a nondisclosure agreement with the party to whom the idea will be disclosed. Of course, a nondisclosure agreement is only as good as the receiving party can be trusted.
See more ». In general, a design patent is obtained for the aesthetically appealing features of a product. Also, many clothing companies often patent a unique design to prevent other companies from imitating it. Design patents last for up to 14 years from the date of the grant.
In many circumstances, one may obtain a design patent in addition to a utility patent for the same invention. Also, to the extent that the subject qualifies as a work of art, there may be an opportunity to obtain a copyright for the same, and if the design is embodied in a physical article, and also functions as a trademark, a trademark registration may be obtained. Plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
The patent application process is complicated and can cost thousands of dollars as most applications require help from a qualified patent attorney or agent. To maintain the force of the patent, you must pay fees due at 3. Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Also, proven plagiarism can not only cost lots of money and cause someone great shame, but it can also cost a person s their job and even careers, and in so doing ruin their life — forever. So, I treat any idea that is not common i. The later seems to be particularly distasteful to many inventors today, who would seem to prefer not to citing ANY prior art, whatsoever despite that not being kosher with the PTO! No worry, the Examiner will find those prior art references anyway despite your best efforts to suppress them.
Attorneys do people a great disservice if they tell people otherwise. Ideas can be worth a LOT of money, in and of themselves, even if not patentable. People have become multi-millionaires, even without having any patents issued to them! Basically how Google, Facebook and Amazon started — with just an idea no patents even pending at the time! Perhaps Gene can suggest some good academic or legal writings about that problem or a definition that seems very concise and comprehensive.
I would be interested to see comments on that from Gene Quinn and others. Stuart Fox — inventor. You might want to search re those legal issues using the given terms.
View More…. Advertise Here. Our website uses cookies to provide you with a better experience. Read our privacy policy for more information. Accept and Close. Figure 1 from U. Patent No. There are currently 8 Comments comments.
Stuart Fox November 18, pm Hi Gene — Thanks for another interesting article — I am a great fan of yours and agree with virtually everything written in the article and with respect in this instance I am sorry to say I am disappointed with the way you put some of it. Stuart Fox. Detroit December 13, am Step back 5, did you just learn two new words today. Varsity Sponsors. Upcoming Events. Tue
0コメント