What is the difference between a patent, a trademark/service mark, and a copyright?
A patent is designed to protect any new and useful process, machine, manufacture, or composition of matter or any new and useful improvement thereof, a trademark/service mark is designed to protect the right to use a particular word or name in connection with particular goods and/or services and a copyright is designed to protect the fixed expression of an idea in a tangible medium.
That's very nice, but could you repeat that in English?
Okay, basically a patent protects any idea that you have, so long as the idea can be placed within one of the five categories listed above (process, machine, manufacture or composition of matter, or any new and useful improvement thereof), and the idea is somewhat developed at the time we discuss filing for patent protection. In other words, if your idea is at the stage of "I think it would be a good idea if this thing was changed to do this," you probably aren't ready to pursue patent protection. However, if you r idea is at the state where you are thinking "I would change these three things on this to accomplish what I want," or "I have a working prototype and only have a few bugs in it," "it may be time to take to us about a patent.
Regarding trade/service marks, for you to register a mark for protection, you should be either using the mark in interstate commerce of almost ready to start using the mark. For the mark to be registerable, it must be used in connection with goods or service, and furthermore must not be used on similar goods or services at this time. To make it easier to register the mark, it is also helpful if the mark is unique and does not merely describe the goods or services the mark is used with.
Finally, a copyright is designed to protect works of authorship such as books, music, artwork, some computer software, and any other works along these lines. The Copyright Office does not check to see if other works are identical to the submitted work, so it is much easier to register copyrightable works than obtain patent or trademark protection, but there is still the requirement that the work being registered be the work of the author or authors and not be taken from another.
What do I do if I have an idea that might be patentable, and what are the steps that I should follow in getting patent protection for my invention?
The first step in the patenting process is to meet with a patent attorney to discuss the invention. At this initial meeting, the inventor should bring any information pertaining to the invention, particularly any sketches or a prototype. If the invention was disclosed or sold more than one year before the date of filing of the patent application, the inventor cannot obtain patent protection for the invention. If the invention appears to be patentable, the net step is to order a search to be conducted to turn up any relevant prior art. Although such a search is not conclusive, it will provide a good indication of the invention's patentability and may aid in the drafting of the application.
After all the work, how long is my patent good for?
If the patent maintenance fees are paid, the patent will provide the inventor the exclusive right to make, use or sell the invention and to prevent others from doing so for twenty (20) years from the date of filing of the patent.
What about trademark or service mark protection?
Trademarks provide protection for names and designs used to identify one's goods in commercial and service marks provided protection for names and designs used to identify one's service in commerce. Trademarks and service marks can have a lifespan as long as the time the mark is being used in commerce, so long as the rights to the mark are renewed by the owner of the mark. The steps in obtaining protection for your mark are similar to those described above in connection with obtaining patent protection, except that the Examining Attorney will search for "confusingly similar" marks to deny registration. Basically, almost any work phrase or design can be registered as a trademark or service mark, provided it is connected with a good or a service. For further information, please feel free to contact us to discuss any questions you might have.
Finally, what about copyright protection?
Copyright protection is the easiest intellectual property protection to obtain, as there is not search performed by the Copyright Office to determine if any similar works are presently registered. Instead, the application for copyright protection is completed and sent to the Copyright Office along with a sample of the work being copyrighted. Of course, you must be the author of the work to file for copyright protection. Copyrights protect the precise expression for which protection was filed and a copyright is valid for the author's life plus an additional 50 years.
How much will it cost to get a patent, trademark or copyright?
We ask that fees for patent and trademark searches be paid for up front in most instances. For patent applications, we ask that one-half of the fee be paid initially at the initiation of the work with the remaining one-half payable at the time the application is field. For trademark and copyright application work, we ask that the fee be paid before the application is filed with the appropriate office. For further information, please feel free to contact us to discuss any questions you might have and for further information regarding fees.
Alright, why should I have you help me obtain protection for my idea?
We can give you several reasons, but the most important reasons are that we know what we're doing, we're willing to listen and we will work hard for you. Thank you for your time and we hope to hear from you soon.