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Protect your Invention or Product - Patents, Trademarks, and Copyright Explained

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Protect your Invention or Product - Patents, Trademarks, and Copyright Explained

By Caron_Beesley, Contributor
Published: March 23, 2010 Updated: June 26, 2012

Intellectual property protection is a critical part of a small business owner’s current and future growth strategy.

According to the U.S. Patent and Trademark Office’s stopfakes.gov Web site, companies that protect their intellectual property drive more economic growth in the U.S. than any other single sector.

The unfortunate flip side of this fact is that small businesses are more vulnerable than any other sector to piracy, counterfeiting, and the theft of their intellectual property. Small business owners oftentimes simply don’t have access to the intellectual property protection know-how that larger corporations do.

If you are self-employed or are a small business owner, and need a command of the process of intellectual property protection, below is a summary of the basics as well as links to other resources that can help set you on your way.

Understanding the Difference between Patenting and Other Forms of Intellectual Property

There are essentially three forms of intellectual property: patents, trademarks, and copyrights. Each has a distinct definition and relevance to the small business owner looking to protect inventions, brand, or intellectual works:

  • Patents - A patent for an invention is the grant of a property right to the inventor. Patents are granted for new, useful and non-obvious inventions for a period of 20 years from the filing date of a patent application, and provide the right to exclude others from exploiting the invention during that period.
  • Trademarks - A trademark is different to a patent since it only protects words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce.
  • Copyright - The Library of Congress registers copyrights, which last for the life of the author plus 70 years. Books, movies and musical recordings are all examples of copyrighted works.

How to Apply for a Patent

There are three types of patents that you can apply for based on the nature of your invention - utility patents, design patents, or plant (of the green variety) patents. A useful starting point is to find out what can and cannot be patented. The U.S Patent Office can help with this here.

To get a patent you will need to process an application with the U.S. Patent and Trademark Office. This is a complex process, and almost all experts recommend that patent-seekers retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

A great single resource for information on applying for a patent is SBA.gov’s Small Business Guide to Intellectual Property. It includes information on how to get a patent, a detailed explanation of types of patents, FAQs, and information on the patent application process.

How to Register Your Trademark

If you want to stake a claim on your trademark through the use of the 'TM' (trademark),'SM' (servicemark) or the '(R)' federal registration symbol, you’ll need to follow these steps:

  1. Determine whether your product is eligible for a trademark
  2. Conduct a trademark search
  3. Register for the trademark online (for a fee) via the Trademark Electronic Application System.

For a step-by-step guide to filing a trademark application, FAQs and more, refer to SBA.gov’s Small Business Guide to Intellectual Property.

Patents, Trademarks and Overseas Markets

Only 15 percent of small businesses that do business overseas realize that a U.S. patent only provides protection in the U.S. Below are the basics about intellectual property protection in overseas markets:

  • Overseas Patents - Almost every country has its own patent law and you’ll need to follow the patent application process within the country in which you wish to protect your invention. Find out more about filing for an overseas patent here .
  • International Trademarks - You can file for trademark registration, via a single application, in certain countries (defined by the Madrid Protocol) only if you are already a qualified owner of a trademark application pending before the U.S. Patent Office. If you want to protect your trademark overseas you’ll need to file for international trademark protection. Get more information here from Entrepreneur.com

Copyright Law

If you want to protect 'original works of authorship' such as music, books, screenplays, etc. copyright law can protect published and unpublished works against illegal reproduction, distribution, performance, etc. Get more information on the copyright process here.

Other Resources

  • 'Inventor’s Resources' - Information on patents, trademarks, scams, and the complaints process from the U.S. Patent and Trademark Office.
  • U.S. Patent Office - More than just insight into intellectual property law, this site provides guides, tools, FAQs, and more.
  • StopFakes.gov/SmallBusiness - Intellectual property information specifically for small businesses.

About the Author:

Caron Beesley

Contributor

Caron Beesley is a small business owner, a writer, and marketing communications consultant. Caron works with the SBA.gov team to promote essential government resources that help entrepreneurs and small business owners start-up, grow and succeed. Follow Caron on Twitter: @caronbeesley

Comments:

Tim,Below is some information from buyusa.gov and wikipedia that might be helpful. It seems that copywright covers exclusivity. See below. From Buyusa.gov: http://www.buyusa.gov/harrisburg/ipr.html Copyrights: A copyright protects original works of authorship. In the United States, this protection gives the owner the exclusive right to reproduce, prepare derivative works, distribute copies, or perform or display the work publicly. To learn more about trademarks, visit the USPTO website6 or call the Trademark Assistance Center at 1-800-786-9199 or (703) 308-9000. You can also file a trademark application electronically using the USPTO Trademark Electronic Application System (TEAS)9. From Wikipedia: Intellectual propertyMost governments recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the umbrella term 'intellectual property.' An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting their artistic or creative work. The position is generally similar with patents and trademarks. Exclusive rights arise from a grant of patent or registration of a trademark, while in other cases such rights may arise through use (eg. copyright or common-law trademark). Holding an intellectual property right generally means that the rights holder can maintain certain controls in relation to the subject matter in which the IP right subsists. For example, a person who buys a copy of a computer program which is subject to copyright may use the software for personal use, but will probably be prohibited from creating or distributing copies of that software, subject to certain exceptions such as fair use or fair dealing, which vary widely from jurisdiction to jurisdiction.
I agree with most of this article, but it is worth noting that there is one more area of intellectual property: trade secrets. Trade secrets, in some cases, are preferred over patents because the inventor will not have to publish in the specification of a patent the 'secret sauce'. For this reason (among others) Coca-Cola protects the recipe to its cola under Trade Secret Law, rather than through patent law. Under trade secret law, if the owner of those trade secrets makes reasonable attempts to protect that knowledge and does not disclose it to the public, then competitors may not be able to steal those secrets for their own use. Note that trade secret does not protect against reverse engineering. In those rare cases where an inventor or a business has a 'secret sauce', method, composition of material that may be difficult to reverse engineer, and which they may not want to divulge in a specification of a patent, Trade Secret law may be the way to go. Los Angeles Patent Attorney -- This post was edited to remove a commercial link. Read our discussion policies for more Community best practices.
Pepsi infringing on cokes patent or trademarks they definitely do taste almost similar lol Well we must protect our online marks in any case
so is pepsi under trade law as well?  it taste almost the same as coke . 
Pepsi and Coke have routinely challenged each other in court. In 2006, Pepsi sued Coke over its television ads for Powerade Option, a low-calorie sports drink. Coke settled out of court. In 2007, a federal judge dismissed a Coke lawsuit that charged Pepsi with patent infringement on a collapsible bag that dispenses syrup for fountain sodas.
Thanks for pointing ou the difference between patent, trademark and copyright, I didn't know this <a href='http://www.elegantinternational.co.uk/birmingham_escorts.htm'>Birmingham Escorts</a><a href='http://www.elegantinternational.co.uk/london_escorts.htm'>London Escorts</a>
Very informative article Jennifer. Thanks for posting. Do you have knowledge about 'Exclusivity' rights? Thank you... All the best, Tim tim.hatcher@ori-usa.com
This really concerns me as a consumer as well, especialy thinking about buying a handbag or something that you think is real but turns out to be a replica. If you think about it, selling fake Chanel is already illegal and just read chanelreplica.com! It doesn't seem like a good idea to me to give your credit card number or personal information to criminals selling replica products. It is scary that they won't do anything bad with it or that they will really send you your bag after they charge you for it. -- This post was edited to remove a commercial link. Read our discussion policies for more Community best practices.
This really concerns me as a consumer as well, especialy thinking about buying a handbag or something that you think is real but turns out to be a replica. If you think about it, selling fake Chanel is already illegal and just read chanelreplica.com! It doesn't seem like a good idea to me to give your credit card number or personal information to criminals selling replica products. It is scary that they won't do anything bad with it or that they will really send you your bag after they charge you for it. -- This post was edited to remove a commercial link. Read our discussion policies for more Community best practices.
Sound good. Good to read your posting. It may come as a surprise but small businesses hold more patents per employee than larger businesses. According to U.S. small business administration, the greatest number of patents per employee is held by the smallest firms - those with fewer than 25 staff members. gibo.in -- This post was edited to remove a commercial link.

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