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Topics
Copyrights...............................................................................................................................98
Patents.................................................................................................................................... 100
Related Topics
Courts, Lawsuits, and Mediation............................................................................103
Federal Court System..................................................................................................112
Small Businesses................................................................................................................349
Trademarks and Service Marks..............................................................................371
Additional Resources
The Copyright Handbook: What Every Writer Needs to Know, by Stephen
Fishman (Nolo), is a complete guide to the law of copyright and includes
forms for registering a copyright.
Getting Permission: How to License & Clear Copyrighted Materials Online
& Off, by Richard Stim (Nolo), spells out how to obtain permission to use
art, music, writing, or other copyrighted works.
Trademark: Legal Care for Your Business & Product Name, by Stephen
Elias and Richard Stim (Nolo), shows how to choose a distinctive name,
conduct a trademark search, and register a mark with the U.S. Patent and
Trademark Office.
Copyrights
Federal copyright law gives someone who creates an original work of
expressiona play, song, painting, or book, for examplethe right to
control how that work is used. A copyright grants a number of specific
rights regarding the expression, including the exclusive right to:
make copies or authorize others to make copies
make derivative expressions, such as translations or updates
sell the expression
perform or display the expression, and
sue others who violate these rights.
A copyright automatically comes into existence when expression
takes a tangible formwhen words are written on a page, for example.
Copyrights last a long time: For works made after 1977, a copyright
lasts for 70 years after the death of the creator. For works created by
employees for an employer, a copyright lasts for 95 years from the date
of publication (which includes any form of dissemination) or 120 years
from the date of creation, whichever comes first. (17 U.S.C. 101 and
following.)
Notice of Copyright ()
A copyright notice tells the world that the creator of the work is claiming
a copyright. A complete notice consists of the symbol or the word
copyright or copr., the year of publication, and the name of the
copyright owner. Works published before March 1, 1989 must have
a copyright notice to maintain the copyright in the work. For works
published after that date, a notice is not required. Even if no notice is
required, however, putting a copyright notice on your work serves to
warn others that your work is protected and will help you enforce your
copyright in court if necessary.
Registration of Copyrights
You can register your copyright with the U.S. Copyright Office at
the Library of Congress in Washington, DC (www.copyright.gov).
To get the full benefits of registration, you must register within three
months of the date of publication, or before an infringement has
begun. Registration makes it easier to prove and win an infringement
action in federal court and recover enough money to make the lawsuit
worthwhile. Also, you must register before you can bring a lawsuit for
infringement of copyright.
Patents
A patent is the legal right, granted by the U.S. Patent and Trademark
Office, to exclude others from making, using, or selling an invention
of yours for up to 20 years from the date the application for a patent is
filed. The certificate that grants the patent and describes the invention is
called a patent deed. If someone infringes on your patent by marketing
your invention, you may sue in federal court for the economic loss you
suffer as a result.
Types of Patents
There are three types of patents:
Utility patents cover inventions that work in a unique manner
to produce a utilitarian result. Most gadgets that perform a
function fall under this category. A utility patent lasts for 20 years
from the date of filing.
Design patents cover unique, ornamental, or visible shapes or
designs of objects. Inventions that are aesthetic rather than
functionalsuch as the ornamental shape of a truck fenderfall
into this category. A design patent lasts for 14 years from the date
the patent issues.
Plant patents cover new strains of plants. A plant patent lasts for
20 years from the date it is filed.
Patent Requirements
Not everything can be patented. For example, you cant patent an
abstract idea, a purely mental process, or a process that can be simply
performed using a pencil and paper. Nor can you patent naturally
occurring things. To be patentable, an invention must be a process, a
machine, a manufacture, a composition, or an improvement on one of
these. Each of these categories includes a wide variety of items, from
computer software to genetically engineered bacteria.
An invention must satisfy three additional requirements to be
patentable:
Novelty. The invention must be a new idea, physically different
in at least some small way from what already exists (known in
inventors circles as the prior art).
Nonobviousness. The invention must be a new or unexpected
development, something that, at the time of its invention, would
not be obvious to a person skilled in the technology of that
particular field.
Usefulness. The invention must have some positive use or, in the
case of a design patent, must be ornamental. This requirement
precludes, for example, inventions that have only illegal uses or
drugs that have only unsafe uses.
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