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What is a patent, trademark and copyright?
WHAT IS A PATENT?
A patent is a grant from a government to an inventor giving him the right to exclude other people from making, using or selling his invention for a certain number of years. After the patent expires, anyone may produce the invention. The patent is a reward to the inventor in return for disclosing his invention to the public and thereby advancing the art.
The United States Government issues three kinds of patents. First, and most common, are utility patents which protect inventions of new, useful and unobvious processes, machines, articles of manufacture, or compositions of matter. Utility patents last for 17 years [if the patent is maintained by payment of appropriate fees periodically]. Second are design patents which protect new and unobvious ornamental appearances of manufactured articles. Design patents last for 14 years. Third are plant patents which protect new varieties of plants such as shrubs, trees and flowers.
If you have made an invention for which you think patent protection may be worthwhile, you may establish the date of your invention by promptly preparing a detailed description of the invention, then signing and dating the description.
Also, explain your invention to one or more trustworthy persons who are capable of understanding the invention and have them read, sign and date the description.
You may apply for a patent by filing a patent application in the United States Patent and Trademark Office. You may prepare and file the application yourself; however, since the value of a patent often depends upon the skill with which the application is prepared, it is usually in your best interest to consult a patent attorney who is skilled in these matters. Ordinarily, the attorney will first recommend a novelty search to determine whether or not the invention appears to be patentable. If a patent application is to be filed in the United States, it must be filed within one year from the time the invention was first offered for sale, used publicly, or described in a printed publication.
In certain other countries, a patent application must be filed before any public disclosure or sale takes place anywhere in the world. The filing of a patent application in the United States Patent & Trademark Office before any public disclosure or sale will preserve the right to file in those countries. It is best to file a patent application as soon as possible since procedures in the United States Patent & Trademark Office favor the first to file when two or more people file applications claiming the same invention. Only after a patent application is filed in the United States Patent & Trademark Office can a product incorporating the invention be marked with the words such as "Patent Pending".
Further information about patents is contained in a booklet entitled "General Information Concerning Patents", which may be obtained upon request from the U. S. Patent & Trademark Office, Washington, D. C. 20231.
WHAT IS A TRADEMARK?
A trademark is a name, symbol or emblem which identifies goods as coming from a particular manufacturer or distributor. The owner of a trademark may prohibit others from using his trademark or other trademarks which may be confusingly similar. Trademarks protect the purchaser from being [confused, mistaken or] deceived as to the source of goods which he buys; further, they protect the good will and reputation of the owner of the trademark.
Service marks are similar to trademarks except that they are used to designate the origin of services rather than of products. Rights in a trademark or service mark are obtained by using the marks on goods or in connection with services that are sold. After the goods or services bearing a mark have been shipped or sold in interstate or foreign commerce, application may be made to register the mark in the United States Patent & Trademark Office. After the mark is actually registered, the owner of the mark may place the familiar abbreviated "Reg. U.S. Pat. Off." or a capital R enclosed in a circle near his trademark to indicate that the mark is registered. Since the choice and protection of trademarks involves meeting various legal requirements, an attorney familiar with trademark and service mark law should be consulted before a mark is adopted. Most patent attorneys are qualified practicioners in this field of law.
Further information concerning trademarks is given in a pamphlet entitled "General Information Concerning Trademarks", which again may be obtained from the U.S. Patent & Trademark Office, Washington, D.C. 20231.
WHAT IS A COPYRIGHT?
A copyright is the right of an artist, author or composer to exclude others from reproducing certain of his original works, such as literature, music, drama, pictures, sculpture, motion pictures and sound recordings. A copyright on a published work is obtained by merely placing a notice of the copyright on the first and every subsequent copy of the work. Unpublished works need not have a notice thereon. The work should then be registered with the United States Library of Congress by making an application for registration to the Register of Copyrights.
The application may need to be accompanied by a specified number of copies of the work together with a small fee. Most patent attorneys are familiar with the forms and procedures required for placing a copyright notice on a work and for registering a copyright. Further information concerning copyrights may be obtained upon request from the Register of Copyrights, Library of Congress, Washington, D. C. 20540.
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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.
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