Intellectual Property
What is Copyright?
A copyright is a form of protection given by the laws of the United States to the authors of literary, dramatic, musical, artistic and other intellectual works. The owner of a copyright is granted by law certain exclusive rights for work such as the right to print, reprint, copy, sell and distribute copies of work.
What is a Trademark?
A trademark is a word, name, symbol or device, or any combination of these adopted and used by manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
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 service. A service mark is the same as a trademark except it identifies a service and the source of service rather than goods or products.
What is a Patent?
A patent is an exclusive property right to an invention and is issued by the Commissioner of Patents, U.S. Department of Commerce. It gives an inventor the right to exclude other from making, using or selling an invention in the United States, its territories and possessions.
What is Trade Secret?
Under common and statutory law, a new product is protected from being copied, produced or sold by anyone than the inventor. Trade secret status ends once the product enters the market place. This protection is often sufficient during the manufacturing, distribution and/or licensing, exploration stages of product development. Only 5% of patent filings are reported to produce revenue for the inventor.
How do I determine the level of protection I need for my new idea?
The cost of attaining a patent should be weighed against potential revenue. Careful analysis should distinguish between realistic and perceived market potential. Trademarks and copyright should be obtained in situations where others could easily use your creations. The cost of trademarks and copyrights is minimal and therefore not usually a major financial consideration.
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