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MT-05 Intellectual Property SCORE Chapter 570 |
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Intellectual Property |
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The term "Intellectual Property" is used to generically refer
to patents, trademarks, and copyrights, i.e. the fruits of mental efforts. In
the confusion and excitement of running or starting a business intellectual
property considerations can easily be overlooked. Seemingly small errors and omissions during
the early stages of
an endeavor can have serious adverse consequences after the
endeavor has bloomed into a successful undertaking. This
is not intended to be a "HOW TOO" paper. It will not enable one to
personally pursue the perfecting of any type of intellectual property. Instead, it is intended to give some
insights useful in
avoiding potentially catastrophic pitfalls.
Included are fundamental steps which can be taken early to enhance the
ability to obtain protection and to enhance the legal position of the
intellectual property owner after protection is perfected. PROFESSIONAL
ASSISTANCE Professional assistance is essential in perfecting
all three types of intellectual property.
The procedures are detailed and seemingly minor errors or oversights
can result in grave and sometimes incurable consequences. To
retain professional assistance simply look in the Yellow Pages under
"Patent Attorneys". Almost
all patent attorneys also handle trademarks and copyrights. PATENTS A
patent gives its owner an exclusive right to make, use and sell an
invention. Patents filed after June 7,
1995 expire 20 years after filing, patents filed before June 8, 1995 expire 17 years after
issuance or 20 years after filing, which ever is longer. Note, YOU CAN MARKET AND PRODUCE YOUR
INVENTION WITHOUT A PATENT. However, if the product becomes a profitable one
gird yourself for a wave of competition.
A valid, well prepared patent serves as a shield against competition. WHAT IS PATENTABLE Although
it is a simplification, it is convenient to say that patents protect things
and compositions that are manufactured, as well as processes for
manufacturing them. Generally
speaking, if you solve a problem, or improve an existing product or process
your, idea may (but not necessarily) be patentable. During
the development of an invention records should be kept showing the progress
of the project. Internally generated
records should be signed and dated by the inventor and by two witnesses who
understand the invention. Keep
all evidence which results from work done by outside sources, such as machine
shops, labs, testing facilities and vendors.
Take photographs and have all drawings and sketches dated and the
person who drew them identified. In
reality it is common sense, create and preserve evidence which shows what was
done, as well as when and how it was done. DANGERS
It is
often necessary to show your invention to those from whom you need assistance
or support as it is developed, and you can feel free to do so. However, be careful not to publicize your
idea; e.g. disclose it to the general public or have it printed in a
publication. If your idea has been
publicized you have one year from the earliest publication date to file a
patent application. If you fail to do so the invention is dedicated to the
public and is unpatentable. The same is true if you sell or attempt to
sell your invention. The one year
clock starts running with the first sale or attempt to sell. If you want to preserve patentability the
time to retain professional services
preferably is before you publicize, sell or attempt to sell, or, at the
latest, very shortly after doing so TRADEMARKS WHAT IS A TRADEMARK A trademark identifies the
source of a product or service. Public opinion seems to be that a trademark
identifies a product. This is the last
thing a trademark owner wants to have happen, because if it does the
trademark is forever lost. Two well
known examples of this disastrous result are aspirin and cellophane. A trademark has no defined
term, and is valid as long as it is properly used. FORM OF A TRADEMARK A trademark can be a word,
phrase, logo or acronym which indicates that a product or service is provided
by a particular source. Because a trademark is source identification it
CANNOT be descriptive of the product or service which bears it. IMPORTANT EARLY STEPS Initially, the public can be
made aware that a mark is intended to be used as a trademark by placing
"TM" at the end of the mark in the location of an exponent, for
example Alpha Beta TM brand
widgets. The right to use a mark
should be determined before making significant use of the mark. It could be devastating to learn that a
mark is already in use thereby prohibiting you from using it after you have
expended substantial time, money and effort promoting the mark. Professional help is important in this
determination. Trademark searches are
low cost and very effective because they are computerized. Therefore, a search in the early stages of
the development of a company and/or product is a very prudent action. COPYRIGHTS WHAT IS A COPYRIGHT A copyright gives its owner
the exclusive right to reproduce all forms of the protected work. Although they
are not so limited, generally speaking copyrights protect such things as
works of art, written materials designs (e.g. jewelry) and computer software;
that is, expressions rather than technology, which is protected by patents. The term of a copyright is
the life time of the author plus 50 years. Copyrights are the easiest
and least expensive type of protection to obtain. Simply apply the copyright
notice to your work. The copyright
notice consists of © owner's name and year date; "year date" is the
year the work was first published. An example is: © Alpha Omega Inc.
1995. If the © can not be used the
word COPYRIGHT can be used in its place. When it is
learned that a copyrighted work is being copied a formal copyright
certificate must be obtained from the Copyright Office before any action to
stop the copying is taken. At this
time professional advice is
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