 Patents
Trademarks
Copyright
There's nothing like a great idea. They are the backbone of every successful business. Fail to protect your "intellectual" property and you could jeopardize your company.
There are three types of intellectual property protection -- patents, trademarks and copyrights -- each with its own purpose.
Here's what you need to know about business protection.
Patents protect inventions, and improvements to existing inventions. A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office (USPTO). The patent grant excludes others from making, using, or selling the invention in the United States. Patent protection does not start until the actual grant of a patent.
A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both legal and technical merit.
Know that before you file a patent application you must do a search of existing patents with the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area, to make sure if the same device or nearly the same device exists.
You
can file for an application online at www.uspto.gov/ebc/efs_help.html or
get the information mailed to you.
It is illegal to mark an article as patented when it is not. You will be subject to a penalty if you do so. The patent arena is no place for an amateur, it's a good idea to get advice from a patent attorney who is familiar with the detailed and technical process.
A trademark includes a word, name or symbol, or any combination thereof used, or intended to be used, in business to identify and distinguish the goods of one manufacturer or seller from goods manufactured and sold by others, and to indicate the source of the goods. Simply put, it's a brand name.
A service mark is a word, name or symbol, or any combination, used, or intended to be used in business, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.
What's the benefit of Federal trademark registration?
- Constructive notice nationwide of the trademark owner's claim
- Evidence of ownership of the trademark
- Jurisdiction of federal courts may be invoked
- Registration can be used as a basis for obtaining registration in foreign countries
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
You can fill out an application for a trademark online using the Trademark Electronic Application System (TEAS) at http://www.uspto.gov/teas/index.html. You can also request a hard copy of an application by calling the Trademark Assistance Center, 800-786-9199.
It may take around three weeks after you file to receive a filing receipt, which will include the serial number of the application, which should be used in all future encounters. It can take nearly a year to several years for an application to be processed. Much depends on the basis of the filing, and the legal issues which may crop up in the examination of the application.
Trademarks are subject to regulation by state government or the U.S. Congress.
Copyrights protect literary, artistic, and musical works. Copyrights can be obtained from the Library of Congress in Washington, D.C., by contacting the U.S. Copyright Office. Copyright covers both published and unpublished works. Copyright exists from the moment the work is created. However, if you want to bring a lawsuit for infringement of a U.S. work, it must be registered.
To register, submit a completed application form, for a nonrefundable filing fee of $30 and a non-returnable copy or copies of the work to be registered. You can download an application form from the website, www.copyright.gov, or call the forms hotline, 202-707-9100.
 Back to Top
The "New Business" section is not intended to replace
legal or accounting services. If legal, accounting, or other professional
assistance is required, the service of an attorney or certified public
accountant should be sought.
|
