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Patent
What is a patent?
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Trademark
What is a trademark?
CLICK HERE for a direct link to U.S. Trademark Office to file online, get information and copy forms.
A trademark includes 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, and to indicate the source of the goods. In short, a trademark is a
brand name.
What is a service mark?
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
What is a collective mark?
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.
What is a certification mark?
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
Do I have to register my trademark?
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
What are the benefits of federal trademark registration?
1. Constructive notice nationwide of the trademark owner's claim. 2. Evidence of ownership of the trademark. 3. Jurisdiction of federal courts may be invoked. 4. Registration can be used as a basis for obtaining registration in foreign countries. 5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
COPYRIGHTS
What is a Copyright?
CLICK HERE for a direct link to U.S. copyright Office to get information, forms and file all your copyrights.
Copyright is a form of protection provided by the laws of the
To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work;
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
You can register your copyright with the U.S. Copyright Office, which is a federal agency, under the Library of Congress. It re-quires a small application fee, and it is located in
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can right-fully claim copyright. In the case of works made for hire, the employer and not the employee is considered to be the author. Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, involving a minor, consult a registered patent attorney. A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. For works made for hire, the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
Frequently Asked Questions
HOW do I Patent a product? The most successful way to patent a product is by a patent attorney unless you are filing a for a design patent which is not that complicated. To find out more just go to www.uspto.gov
HOW do I Trademark my product name? To trademark a name for your business or product it is quite simple the forms are now online and easy to use. Just go www.uspto.gov click on trademarks. Then click on filing a trademark and follow the instructions the cost is $295.00
HOW do I Copyright my music? Music Publishing: The copyright forms you need to fill out for your compositions are simple and they will protect your songs, words, music, words and music, arrangements, and recordings. So, what’s the problem? Why do so many artists elect to have others do it for them? Do they get confused with all the different subclasses they see under copyrights? Maybe, and because of that, they hire an attorney. Big mistake! All they had to do was take the time to read the information. So, artists, veterans and amateurs, I’m here to set the record straight. You can do it yourself! The U.S. Copyright Office could not have made it any simpler. Not only is it inexpensive but the online website gives you easy step by step instructions you can follow to safeguard even your unpublished works. Go to the U.S. Copyright Office official website www.copyright.gov and print out Form PA: (Performing Arts) and the instructions. Form PA will be the form you fill out for musical works, including any accompanying words. For instance, your music composition (arrangement), the words to the song or both. You can file for them separate or together. Maybe you only wrote the words right now but didn’t write the music arrangement yet. You can file just the words. Or, vice versa and file the other part later. If you wrote both the words and the music arrangements, file them on one form, form PA: (Performing Arts). If you have more than one song, say you are producing an album, just add them on a continuation sheet application form called CON. This makes it easy if you have written all the lyrics and music arrangements to your whole compilation but haven’t recorded it yet. You can go ahead and file all your songs on one copyright application form for the one registration fee! Next, after you filed your PA copyright, your next step is to find a recording studio to produce your album. When it is complete, recorded to a “phono-record,” and you have the product in your hand, you will need to file Form SR (Sound Recording) if you are the only claimant; that is, if you are the same author for words, music arrangement and recording, file the finished product in a audio format, CD, MP3, et cetera) and make a single registration for all, with form SR. Send in your registration fee, along with your application (typed or written in black ink) and 1 copy of your work if it is unpublished, and two copies if it is published. That’s all there is to protecting your music.
HOW do I Copyright my book and should I publish it myself? First to copyright your book all you have to do is use this example with your own information and put it in the front of your book. Copyright 2006 John B. Smith. To be fully protected under the U.S. copyright laws just go to www.copyright.gov and fill out form TX. There are many incentives for publishing and promoting your own book; here are a few. If a publishing company has one thousand customers, that's one thousand different books, how could they promote one thousand books? They can't; they would lose money. It would cost the publisher more than that Rolls Royce you see him or her driving, and he or she isn't about to give that up, not for your book that has about a one in a million chance of reaching the top ten best seller list! These subsidy publishers produce ads that are very attractive to the novice writer that may headline, "Authors wanted..." or "Manuscripts needed..." Beware of these ads because as with any product or idea, there are companies around that will take advantage of you and profit from you. (Honest literary companies do not need to advertise for authors and manuscripts). But I was hoping when I started this process of producing my book that the one field that would be honest would be the publishing field. No such luck. There are just as many sharks in the publishing industry as there are in the invention, idea industry. Many of these publishing companies have fast talking sales people with beautiful brochures. They advertise that their company will publish and promote your book at cost. Why? Just like they tell you in the invention, idea industry, they will tell you in the publishing industry just what you want to hear! "Your book is the best thing I have ever read. It's sure to be a best seller!" Well, if you are as easily swayed by flattery as we all are, then you just got scammed! How? They will talk you into paying legal, marketing and setup costs associated with producing your book. The contract may be for ten thousand books, but they will only bind a couple of hundred books on the first run, and you will never know the difference because you will be given only a small number of copies to promote and sell your book. You will not be given anymore unless you pay for them. The book covers and binding can be expensive, so the rest of your copies will be printed on demand. They don't care whether your book sells or not, they just made a pretty hefty sum from the money you sent to cover publishing and marketing costs, but they don't need to market your book to make money, you do! And they won't print another batch until you sell what's already printed, so they have no risk! Oh yeah! Don't forget the contract you signed, not only did you forfeit your copyrights, but for any sales that you made, you were bound by contractual law to pay them a large percentage of those sales. That's why you should self publish!
HOW do I get free publicity? Free Publicity can be had a number of different ways. I will give you the easiest and that is your local newspaper! They need stories every day to keep thier readers interested... If they don't keep their readers interested no one will buy thier newspapers! So call a newspaper writer of a section that deals with your product. Such as, a new song. Call the writer of the music section.. If that doesn't work try the local section or life section whatever fits your product.. If nothing else work try to use a business angle for the business section. You can call in or get someone else to call in telling them what a great story you have of a local inventor with a great idea that their readers will find interesting.
HOW can I create my product? First your product must be created or you have no invention an idea is not an invention! So how do you do that you find manufacturers who can make these products for you. Go to the inventors bible: The Thomas Register. Here you can find any manufacturer of any type of product with their names and phone numbers.
HOW can I make a million dollars? Thier is no easy way to make a million. Thier are no such things as overnight successes. It requires alot of hard work and effort and hopefully in the end your efforts will pay off.......
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