PATENTS
1. What is a patent?
A patent is an intellectual property right granted by a government to an inventor (or owner) to exclude others from making, using, offering for sale, or selling the invention throughout a country. It also stops someone from importing the invention into a country. For instance, a United States patent allows an inventor to prevent others from using, making, or importing the invention in the United states. Different countries have different laws that govern exactly what rights a patent holder has.
2. How long does a patent right last?
In exchange for the patent, an inventor makes a full disclosure of the invention explaining how the invention could be made or used. The right to exclude others lasts 20 years for a utility patent or 14 years for a design patent in the United States.
3. What is a design patent?
A Design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. This includes any decorative type of invention such as a new style of vase.
4. What is a utility patent?
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. The "new" and "useful" requirements are not enough. The patent also must be "non-obvious" to someone in the same field of invention.
5. Can there be more than one inventor?
Yes, of course. There can be several inventors that have contributed to the invention and each must be listed.
6. Can my boss, the CEO of a fortune 50 Company, put his name on my invention even though he did not contribute to the invention?
No. The answer is that simple. Only those who have contributed to the invention can be named as inventors. Adding an additional party, who is not an inventor, may have negative, unintended consequences such as invalidation of a patent.
COPYRIGHTS
1. What is a copyright?
A copyright is an original work of authorship. This may include a movie, music, other audio, a book, photographs, and other audio/visual/literary works. But, the work must be more than just an idea and it must be original.
2. How long does a copyright last?
A copyright, if filed correctly, can last for the author's lifetime plus an additional 70 years.
3. Why do I need copyright protection?
A copyright allows you the exclusive right to sell, create derived works, copy the work, perform the work, transmit the work, or display the work.
4. Are there exceptions to copyright protection?
Yes. There are several exceptions to copyrighted content. Some exceptions include teaching people about a work of art or literature, criticizing a work, commenting on a work, or reporting about the work.
5. Can there be more than one author of a work?
Yes, of course. There can be more than one author so long as all persons listed have contributed to the work.
TRADEMARKS
1. What is a trademark?
A trademark can be a word, phrase, logo, company's brand, sign, and mark. Most companies do not realize that a trademark can include colors, smells, or even sounds. A trademark is something that associates a person with your brand.
2. How can I protect my trademark?
A trademark can be protected by either filing with the state or federal government. Usually, an applicant decides to file with the federal government because national trademark protection is afforded to that applicant.
3. Can I have a trademark without filing anything?
You may. It depends on the situation, but a trademark may be created in the common law by use of the mark. However, in that situation the "common law trademark" will be limited in geographic scope.
4. Is it true that I must be active in protecting my trademark?
Yes. If you do not protect your trademark, it might become generic, diluted, or eroded. Examples of genericised trademarks include Zipper, aspirin and heroin, which are now common terms.
1. What is a patent?
A patent is an intellectual property right granted by a government to an inventor (or owner) to exclude others from making, using, offering for sale, or selling the invention throughout a country. It also stops someone from importing the invention into a country. For instance, a United States patent allows an inventor to prevent others from using, making, or importing the invention in the United states. Different countries have different laws that govern exactly what rights a patent holder has.
2. How long does a patent right last?
In exchange for the patent, an inventor makes a full disclosure of the invention explaining how the invention could be made or used. The right to exclude others lasts 20 years for a utility patent or 14 years for a design patent in the United States.
3. What is a design patent?
A Design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. This includes any decorative type of invention such as a new style of vase.
4. What is a utility patent?
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. The "new" and "useful" requirements are not enough. The patent also must be "non-obvious" to someone in the same field of invention.
5. Can there be more than one inventor?
Yes, of course. There can be several inventors that have contributed to the invention and each must be listed.
6. Can my boss, the CEO of a fortune 50 Company, put his name on my invention even though he did not contribute to the invention?
No. The answer is that simple. Only those who have contributed to the invention can be named as inventors. Adding an additional party, who is not an inventor, may have negative, unintended consequences such as invalidation of a patent.
COPYRIGHTS
1. What is a copyright?
A copyright is an original work of authorship. This may include a movie, music, other audio, a book, photographs, and other audio/visual/literary works. But, the work must be more than just an idea and it must be original.
2. How long does a copyright last?
A copyright, if filed correctly, can last for the author's lifetime plus an additional 70 years.
3. Why do I need copyright protection?
A copyright allows you the exclusive right to sell, create derived works, copy the work, perform the work, transmit the work, or display the work.
4. Are there exceptions to copyright protection?
Yes. There are several exceptions to copyrighted content. Some exceptions include teaching people about a work of art or literature, criticizing a work, commenting on a work, or reporting about the work.
5. Can there be more than one author of a work?
Yes, of course. There can be more than one author so long as all persons listed have contributed to the work.
TRADEMARKS
1. What is a trademark?
A trademark can be a word, phrase, logo, company's brand, sign, and mark. Most companies do not realize that a trademark can include colors, smells, or even sounds. A trademark is something that associates a person with your brand.
2. How can I protect my trademark?
A trademark can be protected by either filing with the state or federal government. Usually, an applicant decides to file with the federal government because national trademark protection is afforded to that applicant.
3. Can I have a trademark without filing anything?
You may. It depends on the situation, but a trademark may be created in the common law by use of the mark. However, in that situation the "common law trademark" will be limited in geographic scope.
4. Is it true that I must be active in protecting my trademark?
Yes. If you do not protect your trademark, it might become generic, diluted, or eroded. Examples of genericised trademarks include Zipper, aspirin and heroin, which are now common terms.
