Copyrights, Trademarks, & Patents Articles

Cheat Sheet / Updated 03-01-2022

You protect physical property with security systems and watchdogs, you protect your intellectual property with a patent, copyright, or trademark. To use these safeguards, you need to know the steps involved in the patent process, the basics of copyright protection, and how to identify your design, idea, or other creative work legally. You can use trade secrets to protect yourself and your work as well, and to speak the lingo, you need to become familiar with a new set of acronyms.

Article / Updated 05-11-2021

Licensing violations are among the most prevalent examples of intellectual property rights infringement. Other examples include plagiarism, software piracy, and corporate espionage. Intellectual property rights worldwide are agreed, defined, and enforced by various organizations and treaties, including the World Intellectual Property Organization (WIPO), World Customs Organization (WCO), World Trade Organization (WTO), United Nations Commission on International Trade Law (UNCITRAL), European Union (EU), and Trade-Related Aspects of Intellectual Property Rights (TRIPs). Intellectual property is protected by U.S. law under one of the following four classifications. Patents A patent is defined by the U.S. Patent and Trademark Office (PTO) as "the grant of a property right to the inventor." A patent grant confers upon the owner "the right to exclude others from making, using, offering for sale, selling, or importing the invention." Examples of computer-related objects that may be protected by patents are computer hardware and physical devices in firmware. A patent is granted by the U.S. PTO for an invention that has been sufficiently documented by the applicant and that has been verified as original by the PTO. A patent is generally valid for 20 years from the date of application and is effective only within the U.S., including territories and possessions. The owner of the patent may then grant a license to others for use of the invention or its design, often for a fee. The Patent Cooperation Treaty (PCT) provides some international protection for patents. More than 130 countries worldwide have adopted the PCT. Patent grants were previously valid for only 17 years but have recently been changed, for newly granted patents, to 20 years. Trademark A trademark, as defined by the U.S. PTO, is "any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others." Computer-related objects that may be protected by trademarks include corporate brands and operating system logos. U.S. Public Law 105–330, the Trademark Law Treaty Implementation Act, provides some international protection for U.S.-registered trademarks. Copyright A copyright is a form of protection granted to the authors of "original works of authorship," both published and unpublished. A copyright protects a tangible form of expression rather than the idea or subject matter itself. Under the original Copyright Act of 1909, publication was generally the key to obtaining a federal copyright. However, the Copyright Act of 1976 changed this requirement, and copyright protection now applies to any original work of authorship immediately from the time that it's created in a tangible form. Object code and documentation are examples of computer-related objects that may be protected by copyrights. Copyrights can be registered through the Copyright Office of the Library of Congress, but a work doesn't need to be registered to be protected by copyright. Copyright protection generally lasts for the lifetime of the author plus 70 years. Trade secret A trade secret is proprietary or business-related information that a company or individual uses and has exclusive rights to. To be considered a trade secret, the information must meet the following requirements: Must be genuine and not obvious: Any unique method of accomplishing a task would constitute a trade secret, especially if it is backed up by copyrighted, patented, or copyrighted proprietary software or methods that give an organization a competitive advantage. Must provide the owner a competitive or economic advantage and, therefore, have value to the owner: Google's indexing algorithms aren't universally known. Some secrets are protected. Must be reasonably protected from disclosure: This doesn't mean that it must be kept absolutely and exclusively secret, but the owner must exercise due care in its protection. Software source code or firmware code are examples of computer-related objects that may be protected as trade secrets.

Cheat Sheet / Updated 03-27-2016

If you have a great idea for the next big thing, an eye-catching logo, or an exciting business concept, you need to understand how to safeguard your creations. This Cheat Sheet gives you a basic grounding in intellectual property to ensure that you’re the only one cashing in on your creativity and hard work.

Article / Updated 03-26-2016

A patent is the most expensive and complex type of IP (intellectual property) right. Decide whether you can protect your IP with a copyright, trademark, or service mark, or by keeping it under wraps as a trade secret before you go through the patent process. If you and your IP professional decide that a patent is the way to go, and you have the time and money to see the process through to the conclusion, here’s the patent process in a nutshell: Make sure the invention is really yours and doesn’t belong to your boss, your spouse, or your business partner. Do a patent search to make sure that no one else has already come up with your formula, process, or invention. Check that your invention passes the three-part test — it’s new, useful, and wouldn’t be obvious to someone knowledgeable in the field. Prepare a patent application, including: A short abstract of the invention References to any prior applications A brief discussion of the general field, background, and circumstances of the invention A summary of the invention A description of the best implementation of the invention, including a drawing, if applicable The claims (the legal metes and bounds — dimensions and limits — of the invention) File your patent application, paying special attention to filing deadlines. Pursue and prosecute your application through the Patent Office. Appeal adverse decisions. Get the patent (if you still want it).

Article / Updated 03-26-2016

A copyright protects an Original Work of Authorship (OWA) — think short story, computer program, or song lyrics, for example — which must have tangible form, be a result of significant mental activity, have no inherent technical function, and be the author’s original creation. Here’s the skinny on copyrights: As soon as you create an OWA, you automatically have a copyright, which prevents others from copying, publishing, or performing your work. Make sure that you own the OWA. In other words, you didn’t produce it as an employee, or as a work made for hire. You can register your copyright, which makes prosecuting copycats easier. When you register your copyright, mark your work as a copyrighted work to discourage infringers and give yourself legal advantages.

Article / Updated 03-26-2016

If you’re developing work or product that you want to get a patent on, register as the copyright holder of, or trademark, you need to be able to distinguish the fruit of your labors from the work of other people. The three types of commercial identifiers that distinguish your product, service, or company from others are: Product identifiers, commonly known as brands, or trademarks, which distinguish your product from others. Service identifiers, comprised of service marks, certification marks, and membership or association marks. Company identifiers, called trade names, which are typically business names and logos. A good commercial identifier has the following characteristics: Unique (do a search first) Distinctive rather than generic Recognizable Memorable Pleasant associations

Article / Updated 03-26-2016

The world of patents, copyrights, and trademarks has its share of acronyms, just like any other field. Although when you see IP, you may think “Internet protocol,” in the intellectual property realm, IP stands for, well, intellectual property. The following table lists some of the more commonly used acronyms in the IP world: ARIPO Western Africa Patent Office EAPO Eurasian Patent Office EFS Electronic Patent Filing System EPO European Patent Office EU European Union IP Intellectual property MPEP Manual of Patent Examining Procedure OA Office action (by a patent or trademark examiner) OAIP Southeastern African Patent Office OHIM Office for Harmonization in the International Market (European Trademark Office) OWA Original work of authorship (protected by copyright) PCT Patent Cooperation Treaty PVPA Plant Variety Protection Act PVPO Plant Variety Protection Office TMEP Trademark Manual of Examining Procedure UPOV Convention for the Protection of New Varieties of Plants USC United States Codes USPTO United States Patent and Trademark Office TEAS Trademark Electronic Application System WIPO World Industrial Property Organization WMFH Work made for hire

Article / Updated 03-26-2016

The world of patents, copyrights, and trademarks includes trade secrets. Trade secrets can take many forms, such as your customer and supplier list, your next marketing campaign, a particular process or formula, or your finances. How can you protect them? By using the tips in the following list: Have all employees, contractors, consultants, advisors, and suppliers sign a confidentiality agreement. Restrict access to areas of your office or plant. Mark documents with a confidential legend. Limit circulation of confidential documents. Lock away sensitive material. Include warnings and directives in your employee manual.