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Patents, Trademarks and Copyrights

Intellectual property (IP) is any tangible or non-tangible idea or creation or representation of that idea. Laws exist that protect someone's rights to their intellectual property by precluding others from duplicating that work or profiting from it without paying some type of compensation to the originator of the creation.

IP can be protected in the United States by three primary methods, depending on the type of intellectual property: patents, trademarks, and copyrights. While it is not legally required to secure any of the allowed types of protection, it is advisable to do so in order to be able to take advantage of the specific legal protections provided. Failure to patent a product, for instance, makes it more difficult to pursue any claims you might have against someone who copies your product

A patent protects a method, process, apparatus, or device. Patents are granted for a finite period of time, after which the patented item becomes public knowledge - anyone is free to produce and sell that product. While the patent is in force, however, others are prohibited from producing and profiting from the item without your permission. The U.S. Patent and Trademark Office issues patents after a search is conducted to assure the uniqueness of your patent. It is advisable to use the services of an attorney experienced in patent protection when pursuing a patent.

International patents are much more complicated and typically involve pursuing a patent in each country in which you want protection. Other countries' laws differ from those of the U.S.; therefore, expert legal advice is very important. Costs can be significant in pursuing patents in other countries. A patent from one country generally does not provide protection in any other country.

A trademark or servicemark identifies a product or service of a company. Trademarks are unique to a product or service and create a value through their use in commerce. A trademark can be protected both in New York through the Secretary of State Office, or nationally through the Patent and Trademark Office. In both cases, a search will determine if your proposed trademark is already registered.

A copyright protects the expression of an artistic work. Copyrights are obtained the moment that you render a work (such as a book, musical composition or form of art) into its final form. But you should register the copyright with Library of Congress, in order to be able to pursue monetary claims against infringement. Copyrights are relatively easy to file and are not so costly as patents or trademarks.

Cautions:
Patent, trademark or copyright infringement does not carry a criminal penalty. Recourse for infringement of any IP protection is at the expense and initiative of the holder of that protection. This can be a costly and time-consuming process.

There are a number of companies that hold themselves out to the public as being able to help independent inventors to patent and market their inventions. These companies often advertise in the popular press and use 800 numbers and the Internet to solicit customers. While there are a few legitimate firms in this field, many are in business purely to collect large up-front fees and ongoing charges. These firms have helped few, if any, inventors and fewer still have ever made any money with their help. It is in your best interest to determine the character of any organization (profit or non-profit), that you are considering paying to help you. Check with local chambers of commerce, better business bureaus and states' attorneys general for complaints against any firm that you are considering employing for this purpose.

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