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Tag: Intellectual Property

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Business

What Is Intellectual Property and How Can You Protect It?

What Is Intellectual Property and How Can You Protect It?

Property is normally thought of as tangible assets, like a house, car, or real estate. It is usually viewed as something you can see and touch. But there is another kind of property just as important to have and protect.

And that is intellectual property.

Intellectual property refers to any creation of the mind, like inventions, names, symbols and images used in commerce, literary and artistic works. Intellectual property is traditionally divided into two categories – Industrial Property and Copyrights.

Industrial property includes such things as patents for inventions, trademarks, industrial designs, and what is called “geographical indications.”

Copyright refers to literary works, such as books, poems and plays, films, music, works of art, and architectural design. Works of art can include drawings, paintings, photographs, and sculptures.

There are other rights related to copyright, and they include the work of performing artists in their performances as well as producers of audio material in their recordings, and also broadcasters in their radio and television programs.

Intellectual property rights

Similar to perhaps the better-known property rights, intellectual property rights also allow owners or creators of personal information to protect their creative invention. Individuals can get that protection through patents, trademarks or copyrighted works.

Intellectual property rights are stated in the Universal Declaration of Human Rights, Article 27. The article provides the right for intellectual property owners to benefit from the protection of material and moral interests resulting from their authorship of literary, artistic or scientific productions.

Patents

A patent is an exclusive right for a person to invent a product or process that provides a new kind of service, a new way of doing something, or a new technical solution to a problem. A patent provides patent owners with protection under the law for their inventions.

Protecting patents

To secure a patent, the owner has to file an application that contains the title of the invention, along with an indication of the product’s technical field and a description and background information on the development of the product.

Patent filing information must be in sufficient detail and clarity that an average person with an understanding of the technical field could duplicate or reproduce the invention. The detail might include drawings, diagrams or plans and whatever claims the owner is making for protection. Patents are typically granted for a 20-year period.

There are millions of patent documents in existence. It would be a good idea to search an international database of patents before attempting to file a new one.

Trademarks

In ancient times, craftsmen identified their creations with some kind of personal marking. This was their personal signature and indicated their ownership of the particular design and application of the product.

Today, these personal marks are still being recognized but a bit more formally through a system of trademark registration and protection. The process allows a manufacturer to identify its product or service – and level of quality and performance – as its own with a particular style and functionality, unlike its competitors. The process helps consumers decide which products or services to buy.

Protecting trademarks

A trademark sign or symbol must be unique and distinctive so that consumers can distinguish it from other trademarks. It cannot be deceptive and cannot mislead consumers or be immoral. It cannot be similar to an already existing trademark, and it cannot have rights assigned to it that have already been granted to another trademark owner.

An application for trademark must be filed with the appropriate trademark office, either regional or national. The application must contain a clear representation of the sign being registered including forms, colors and any three-dimensional features.

The application should also contain a list of goods or services to which the sign or symbol would apply.

Copyrights

Copyright laws protect the literary and artistic works of authors, artists, and other creative people. Copyrights also protect the “related rights” of creative individuals.

Materials covered by copyright laws include such things as:

  • Performances by actors and musicians
  • Sound recordings (compact disks, etc.) by producers
  • Radio and television programs by broadcasting companies
  • Novels, plays, poems, newspapers, reference works, advertisements, computer programs
  • Databases, films, drawings, photographs, paintings, maps
  • Musical compositions, choreography
  • Architecture, sculptures

Protecting copyrights

Everyone has a natural right to be the first publisher of their own information. Copyright and related rights are granted automatically without the need for registration. However, many countries offer optional registration to facilitate any disputes over ownership, or sale or transfer of rights.For information on U.S. registration, you can contact the U.S. Copyright Office.

Industrial designs

An industrial design is the aesthetic aspect of an item. It refers to the ornamental aspects such as three-dimensional design (shape or surface) or two-dimensional design (patterns, color or lines).

Protecting industrial designs

An industrial design has to be new or original and non-functional. It is purely aesthetics or ornamental. Any functional features may be covered by patents. There can’t be any similar designs in existence.

An industrial design must be registered and a certificate issued. Protection is granted for five years with the possibility of renewing for another 15 years.

Geographical Indications

A geographical indication is a sign used to indicate that goods possess characteristics or qualities due to their geographic location. Usually, the geographic indicator contains the name of the place of origin.

Geographic indicators are often used with agricultural products to signify a certain location with particular climate and soil. An example would be “Napa Valley” for a particular wine or “Roquefort” for a particular cheese or dressing. Each represents a unique geographical region and enables consumers

Protecting geographical indications

Geographical indications are protected by a wide range of laws including those against unfair competition, consumer protection laws,  laws for protecting certification marks, and laws specifically designed for the protection of geographic indications.

Violation of geographic indications can lead to court injunctions, fines, or even imprisonment.

United States Patent and Trademark Office (USPTO)

The USPTO is a federal agency service that advises the President (through the Secretary of Commerce) and all federal agencies on national and international policy issues regarding intellectual property.

The USPTO is authorized by statute to conduct programs and strategies, provide counseling and advice, and to interact with IP offices worldwide on intergovernmental, international issues regarding intellectual property.

The World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) helps protect the rights of creators and owners of intellectual property. Established in 1970, it is a largely self-financed organization that offers international registration and filing systems. It also publishes helpful information and offers mediation and arbitration services.

Categories
Business

What Is A Copyright? And How Do I Get One?

You’ve been working on your newest song (or book or artwork) for months and now you’re ready to share it with the world. But how do you make sure you get the credit (and the financial benefit) of your work? What’s to stop someone else from claiming your creative work? That’s where copyright protection comes in. So, what’s a copyright?

Copyrights and Intellectual Property Basics

Copyrights are a type of intellectual property. We think of property as physical items that we can possess – and that have monetary value. But ideas can have monetary value, too! Intellectual property law protects those non-physical kinds of property. There are three main types of intellectual property protections: trademarks, parents, and copyrights. Trademarks protect the names, logos, and other identifiable symbols of a brand. Patents protect technological advances. Copyrights protect creative works such as music, artworks, and books.

A copyright gives you the right to control your creative work. You can determine who can reproduce your work, sell it, adapt it, display it, or otherwise use it. You have the right to license other parties to use your works. For example, you can sell a license to a production company allowing them to use your song in their movie.

What Can I Copyright?

The idea behind intellectual property law is to make sure you get the benefit of your ideas. Of course, you can’t simply claim that an idea was yours after someone else uses it – there’s no way to verify that. Under federal law, your work must be “fixed in any tangible medium of expression.” 17 U.S.C. § 102. For example, you must have a recording of a song or movie, written (or digital) text for your book or play, or a physical sculpture. If your work contains multiple types of creative work (like a musical, with music, lyrics, choreography, sets, etc.) then anything you want to copyright has to be recorded in a tangible medium of expression. You can’t copyright an idea. Types of work that may be copyrighted include:

  • books, poetry, plays, and other written works
  • musical works (including the music itself)
  • works of art, including performance art
  • theater productions (including accompanying music)
  • movies and videos
  • video games
  • software
  • sound recordings
  • choreography
  • architectural works

In addition to being recorded in some fashion, your work needs to be unique. You can’t copy another person’s work and claim a copyright. That comes up a lot in music, where one artist claims that another used their melody. If a copyrighted work is similar to a lot of other works, it can be tough to enforce a copyright claim. For example, there are a lot of common literary and movie tropes and popular chord progressions in music. It’s hard to argue that those things are your intellectual property unless they’re really unique.

Finally, the work has to be creative. That’s a little bit of a fuzzy area; how much creativity is enough? Writing a train timetable is probably not enough, but maybe using that same train timetable to make a statement as a piece of art may be. You can’t copyright plain facts (even if you did original research to get those facts).

A copyright lawyer can help you determine whether your work qualifies for a copyright.

Getting A Copyright

Technically, you don’t have to do anything at all to get a copyright – your creative work is automatically protected. This is an “unregistered copyright.” However, you’ll have to register your copyright before you can bring a claim against someone using your work. In other words, you don’t have to register your copyright right away; you can register it whenever you need to file a claim.

However, there are major benefits to registering your copyright quickly. If you register within three months or before the start of any copyright infringement, you get a lot more protection. First, that creates a presumption that your copyright is valid. Second, it gives you the right to collect up to $150,000 for a violation, even if there was no monetary harm. In other types of lawsuits, you have to prove that you lost money (or didn’t get money you should have) in order to win money, so that’s a big deal.

Registering your copyright is simple; you can do it online. You’ll need to pick the right kind of form; there are different ones for different types of works. Once you’re registered, you’ll be able to include a copyright notice on your work. That serves a couple of purposes. First, it lets everyone know that your work is copyrighted and makes it easier for people to track you down to ask for licensing. Second, it makes it much easier to enforce your rights – no one will be able to claim that they didn’t know the work was yours. Consider talking to a copyright attorney to make sure that your copyright notice is displayed properly so you get the full benefit.

How Long Does A Copyright Last?

Whether you register your copyright or not, it’s valid for your lifetime plus 70 years. After your death, your heirs get the advantage of your rights. After 70 years, your work will generally become part of the public domain, meaning anyone can use it.

Enforcing Your Copyright

Because of the creative nature of works under copyright, it can be tricky to defend your rights. As we mentioned above, registering promptly and including the copyright notice can make it easier. However, it’s not uncommon for people to have similar ideas and produce similar works. If you’re considering registering for a copyright or you need to enforce your copyright, we can connect you with an experienced local copyright attorney.

Categories
Business

Registered Trademarks: Protecting Your Brand

You’ve probably seen brand names and logos with that little ® or ™ sign afterward – but what exactly does that mean? Do you need a trademark? And what’s the difference between a trademark and a registered trademark?

Intellectual Property Basics

Physical property is easy to understand – this is my car, my cell phone, my clothes. Those things have value and they’re protected by the law. Intellectual property is also valuable. In fact, it can be extremely valuable (like the formula for a new drug or the latest hit pop song). But it can be harder to nail down the ownership rights of intellectual property; you clearly bought that car and have it in your possession, but how do you possess a song or a work of literature or an invention?

That’s where intellectual property law comes in. The law recognizes three types of intellectual property protection, each with its own rules. Patents protect new inventions and technical processes or material improvements on prior technologies. Copyrights protect creative work, like music and literature. Trademarks protect the identity of a brand – like McDonald’s famous golden arches.

The idea behind intellectual property law is that other people shouldn’t be able to benefit from your ideas, creative work, or reputation without your consent. When you patent, copyright, or trademark your intellectual property, you’re invoking the power of those laws.

Trademarks and Registered Trademarks

As we mentioned above, a trademark is used to protect the logo, name, and other identifying characteristics of a given brand. For example, you couldn’t start a motorcycle company called Harley Davidson because that brand already exists and has the trademarks for that name. Trademark protection can also extend to logos and even specific colors (like Tiffany’s blue or T Mobile’s magenta). Basically, trademarks protect the identity of your brand so other people can’t piggyback off your brand recognition (or sabotage your good reputation).

There are a couple of different trademark symbols – TM, SM, and ®. The first two stand for trademark (for goods) and service mark (for services). They don’t actually have any legal significance, but it’s a good idea to use them whenever you use your name or logo to assert that you’re claiming branding rights. In some cases, you may be able to successfully bring an intellectual property claim if you can show that the other party knew about your branding.

The ® symbol is specifically for trademarks that are registered with the US Patent and Trademark office).  This is the strongest protection you can get for your branding. Ideally, you should include that symbol wherever your brand name or logo are found. That gives everyone else notice that that branding is your intellectual property. If you fail to use the symbol and someone else infringes on your trademark, you’ll have to prove that they knew that your branding was trademarked – and that’s not an easy thing to prove.

Getting A Registered Trademark

So, a trademark is an important protection for your brand. And a registered trademark is a lot safer than an unregistered one. So, how do you go about registering a trademark?

Remember that the whole point of a trademark is protecting your brand’s unique identity. So the first step is to go to the Trademark Electronic Search System (TESS) to look up your business name in the federal registry and make sure that it’s unique. If it is, then you can go to the US Patent and Trademark Office’s website and register online; it’s a fairly quick process (and costs a few hundred dollars) and you may be able to get through it without the help of an attorney. They’ll process your application within around 6 months. In the meantime, use the TM or SM symbol to show that you’re claiming intellectual property protection for your branding. You’ll need to renew your trademark registration every 10 years.

Note that trademark protection goes to the first brand to use a name or logo in a given geographic area, regardless of whether it’s registered. So if you find that another company has jumped the gun and registered before you even though you were using that name, logo, or other symbol first, you’ll need to talk to an attorney about your options.

Not every registered trademark application is going to be accepted. Names that are very generic, for example, are hard to trademark since it’s hard to make the argument that it’s actually your intellectual property. It’s a lot easier to trademark Carrie’s Cupcake Crisis than it is to trademark Cupcake Shop. Of course, that can be a difficult thing to deal with if you’ve already set up your branding before trying to get a trademark. If that’s the case, you’ll need to work with an experienced intellectual property attorney to talk about how you can get a registered trademark and what other options you may want to pursue.

If you’re looking for help with a registered trademark or similar issue, we can connect you with an experienced local intellectual property lawyer who can help you understand your rights and options.

 

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Protecting Your Invention: Patent Law Basics

Picture it: you’ve spent years working on your amazing invention. Now imagine that you don’t take action quickly enough, and someone swoops in to steal your idea- and the profits from it. You’ve lost all the time, effort, and money you put in and you’re not getting anything out. What can you do?

It seems like you should be able to show that you came up with the idea first and get the rights to the invention, but unfortunately it’s not enough. You need to take extra steps to protect your “intellectual property” – an idea, invention, or process that you created. In most cases, that means getting a patent.

Patents, Trademarks, and Copyrights

It’s easy to get patents, trademarks, and copyrights confused, so let’s take a moment to clarify which one you need. All three involve making a legal claim to a valuable piece of intellectual property, but each covers a different kind. Trademarks are typically used to protect things like brand names and logos – things that confer valuable brand recognition. Copyrights generally apply to creative output like books and music. And when it comes to protecting a new invention, an improvement to an old product, or a new or improved production process, patents are the tool of choice for protecting your intellectual property.

What Can I Patent?

Under federal law, you may apply for a patent under one of four categories: a methodological process, a machine, a method of manufacture, or a composition of matter. In other words, you could invent a new way to produce tires and patent that process – you don’t get the patent on the tires themselves, just on the process you created. In order to get a patent, your invention must be sufficiently different from existing products or processes. That’s not always easy to determine, especially when we’re talking about improvements to existing processes or products, so you’ll need to consult an attorney to find out if your invention qualifies. Generally, the changes or additions must be “non-obvious” to a person skilled in that area of technology.

In addition, the product or process you want to patent must be economically useful. That means it must be possible to sell the product or use the process to create a product that can be sold.

What Rights Will A Patent Give Me?

The main point of getting a patent is preventing other people from using your invention. That’s the central right – you can exclude others from making, using, selling, or importing your invention. If you don’t have the ability or desire to use or product your invention yourself, you can license it out to other parties for a fee. Most patents are valid for 20 years, after which time anyone can use the idea.

If someone violates your patent rights, you have the right to sue them in federal court. You can ask for an “injunction,” which is a legal order that forces them to stop using or producing your patented invention. You can also ask for damages – money to compensate you for the unauthorized use of your idea.

How Do I Get A Patent?

Before you even begin the process of getting your own patent, you should start by conducting a search to determine if your idea has already been patented. Your patent attorney will be able to perform that search, or you can start yourself using US Trademark and Patent Office resources. If there aren’t any patents already covering your idea, then it’s time to move to the next step.

The next move is filing your application for a patent. The contents of the application will vary depending on the type of invention you want to cover, but will involve detailed descriptions of the name and function of your idea.

This is where it really helps to have a lawyer – patent laws are complicated and a mistake on your application could cost you the patent or could leave you with a patent that doesn’t fully protect you. If your case is a complex one, you may need dozens of forms and potentially even an interview.

If your application is denied, you do have the right to appeal. You’ll need to talk to your attorney about how to update or amend your application and defend it on appeal.

Other Considerations

A patent is a great way to protect your hard-earned invention and ensure that you get the benefit of your ideas. However, it may not be the right choice for everyone. It can be expensive – north of $20,000 in some cases. In addition, some inventions may be so unique and innovative that no one else has anything close. Patents are a matter of public record, so it may be better to keep the secret to prevent others from taking advantage of your discovery.

If you’ve invented something new, take the time to consult a patent attorney to learn about your rights and options and discuss whether a patent is the right choice for you.                                                 

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