Patent / Trademark / Copyright

How to Register Your Own Copyright Book

How to register your own copyright
  • Do It Yourself Kit
  • All States
  • By Attorney Mark Warda
  • Sphinx Legal, A Division of Sourcebooks
  • Our Price: $22.45

 

Complete with step-by-step instructions and the forms you need, this book makes registering your work...

Nolo's Patents for Beginners

Nolo's Patents for Beginners
  • Do It Yourself Kit
  • All States
  • By Attorney David Pressman & Richard Stim
  • Nolo Press
  • Our Price: $22.99

 

Nolo's Patents for Beginners provides sample forms and letters, resources and glossary of terms. The 5th edition is...

Patents and Trademarks Plain & Simple

Patents and Trademarks Plain & Simple
  • Do It Yourself Kit
  • All States
  • By Attorney Michael H. Jester
  • Career Press
  • Our Price: $14.99

 

Patents and Trademarks Plain & Simple is the book all would-be inventors, writers, and designers have been...

Patent, Copyright & Trademark

Patent, Copyright & Trademark: An Intellectual Property Desk Reference
  • Do It Yourself Kit
  • All States
  • By Attorney Richard Stim
  • Nolo Press
  • Our Price: $35.99

 

Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law...

Patent It Yourself

The Complete Patent Kit
  • Do It Yourself Kit
  • All States
  • By Attorney David Pressman
  • Nolo Press
  • Our Price: $44.99

With checklists, handy reference charts and unique forms, This complete patent kit takes you start to finish through...

Protect Your Patent

Protect Your Patent
  • Do It Yourself Kit
  • All States
  • By Attorney James L. Rogers
  • Sphinx Legal, A Division of Sourcebooks
  • Our Price: $22.95

 

The book simplifies and thoroughly explains everything that you need to know about...

Copyright

1) n. the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection. On any distributed and/or published work a notice should be affixed stating the word copyright, copy or ©, with the name of the creator and the date of copyright (which is the year of first publication). The notice should be on the title page or the page immediately following and for graphic arts on a clearly visible or accessible place. A work should be registered with the U.S. Copyright Office by submitting a registration form and two copies of the work with a fee which a) establishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publication, establishes a right to attorneys' fees in an infringement suit. Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisual works, computer programs, compilations of works and derivative works, and architectural drawings. Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work. For any work created from 1978 to date, a copyright is good for the author's life, plus 50 years, with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication. After that it falls into the public domain. Many, but not all, countries recognize international copyrights under the "Universal Copyright Convention," to which the United States is a party.

Patent

1) adj. obvious. Used in such expressions as a "patent defect" in an appliance. 2) n. an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel (not previously known or described in a publication), "non-obvious" (a form which anyone in the field of expertise could identify), and useful. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant. Example: Secretary of Agriculture and later Vice President Henry A. Wallace developed hybrid corn which made him rich for life. A utility or plant patent lasts 17 years and a design patent lasts 14 years, but all types require payment of "maintenance" fees payable beginning 3 1/2 years after the issuance to keep them up. Patent law specialists can make a search of patents to determine if the proposed invention is truly unique, and if apparently so, can file an application, including detailed drawing and specifications. While awaiting issuance of the patent, products or designs should be marked "patent pending" or "pat. pending." Upon receiving the patent the product can be marked with the word "patent" and the number designated by the Patent Office. The rights can be transferred provided the assignment is signed and notarized to create a record or "licensed" for use. Manufacture of a product upon which there is an existing patent is "patent infringement" which can result in a lawsuit against the infringer with substantial damages granted. 3) n. a nearly obsolete expression for a grant of public land by the government to an individual.

Trademark

n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and ownership. Use of another's trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark.