Faqs About Patent, Copyright And Trademark Law
1.Question: How can copyright and patent right protect unique inventions or designs
?
Answer: A patent will give inventors an exclusive right to use their inventions and designs for a specific period of time. However, the US Patent and Trademark Office (USPTO) only gives patent rights to creations which are novel (not previously known and used by anyone) and useful.
Meanwhile, copyright also works like a patent; however, this is more commonly used in intellectual works like books, music, and paintings.
2.Q: I have invented something but Im not sure where to get funding.
A: There are several development companies that help inventors to patent and promote their creations. However, inventors should be careful since there are some companies which are illegitimate and will only steal their ideas.
To avoid falling victim to these unscrupulous companies, you should check the credentials and background of the development companies that claim to help inventors market their ideas.
3.Q: Do I really need to hire a lawyer or patent agent to file my invention to the patent office?
A: While anyone can file for a patent and copyright, USPTO advises people to hire lawyers or patent agents who can prepare and file the applications of inventors and artists.
4.Q: Is it important to have a trademark and servicemark?
A: Yes, particularly in material inventions and designs. With a trademark, which is a name, word, phrase, and symbol, consumers can identify the manufacturer of a certain product. For example, an apple with a bite is a trademark which identifies technology giant Apple Inc.
Meanwhile, servicemark also works like a trademark; the only difference is that it identifies the company that provides a certain service.
5.Q: How long does it take for my patent application to be processed?
A: According to USPTO, the average completion of a patent application is 24.6 months. However, this will still depend on the backlog the agency is processing.
6.Q: Is it possible to sold or inherit a patent right?
A: Yes. According to lawyers, a patent is an intellectual property that can be sold to another person or entity or can be inherited by family members after a patent owner died.
7.Q: What can I do if someone violated my copyright and patent right?
A: The first thing you have to do is hire a lawyer who specializes in patent and copyright laws. The next step is contact the Intellectual Property Program of the Financial Institution Fraud (a special office of the Federal Bureau of Investigation) so that you can report the alleged copyright infringement.
You should also identify the damages which must be compensated by the violator such as monetary relief, attorneys fee, economic damages, and statutory damages.
8.Q: Does the US recognize the validity of Poor Mans copyright?
A: No. The poor mans copyright, which is the practice of sending a copy of a work to ones self, is not legally valid and cannot be a substitute for USPTO registration.
by: Nemilou Despuez
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