VISA | Protect Your Intellectual Property With = Patents, Trademarks and Copyrights

Protect Your Intellectual = Property=20 With Patents, Trademarks and Copyrights=20

I. Patents

There are two types of legally = enforceable=20 patents:

Utility patent =96 This form of = patent=20 applies to the functional aspects of inventions and = protects=20 those that have practical utility. It covers = virtually any=20 apparatus, manufactured item, or method of making or = using=20 something physical, whether mechanical, chemical,=20 electrical, computer-oriented, biological or=20 biotechnology-related. For example, toys, = prescription-drug=20 formulas and car-manufacturing processes all fall = into this=20 category.

Design patent =96 This type of = patent deals=20 strictly in aesthetic appeal: It protects any new, = original=20 ornamental design for a manufactured item, such as a = unique=20 fabric or sleek telephone design.

Take the following short = questionnaire to=20 assess your real need for patent protection.

Self-Assessment: Do I Need a = Patent?

What is the invention for which = I am=20 considering a patent?=20
What type of patent applies to = this=20 invention: utility or design?=20
Does it meet the requirements = for=20 patentability? Y/N=20
If not, are there changes that = can=20 feasibly and affordably be made to meet those = requirements?=20 If so, what are they?=20
Can my company afford the fees = associated=20 with applying for, issuing and maintaining a patent? = Y/N=20
Have I conducted a thorough = search to=20 ensure that my invention has not been patented by = someone=20 else? Y/N=20
Is the investment of time, = money and=20 resources worth the potential payoff for patent = protection?=20 Y/N

II. There are three = different levels=20 of trademark protection. They are:

Common Law Trademark Rights

In the = United=20 States, you can establish trademark rights merely by = using a=20 trademark symbol in a business environment, without = filing=20 for registration. Using an unregistered trademark = symbol in=20 this manner gives you so-called "common law" = trademark=20 rights, often designated with a "TM" or "SM" = (service mark,=20 in the case of a service-oriented company) in = superscript=20 next to the mark.
State Trademark Registrations

State = trademark=20 registrations offer limited protection beyond what = is=20 available for unregistered common law trademarks = because=20 they serve as a regional public notice that the mark = is in=20 use.
Federal Trademark Registrations =

Registering your=20 trademark with the USPTO is the only way to secure=20 comprehensive nationwide rights to a mark, and the = right to=20 prevent others from using the same or similar marks = anywhere=20 in the country if it is likely to cause market = confusion.=20

III. = Copyrights

A copyright is a form of = protection provided=20 under U.S. law to the authors of original, tangible = published=20 and unpublished works. This includes:

books and other literary works=20
musical works=20
dramatic works=20
pantomimes and choreographic = works=20
pictorial, graphic and = sculptural works=20
motion pictures and other = audiovisual=20 works=20
sound recordings=20
architectural works

A proper copyright notice has four = elements:=20

the letter C in a circle - =A9=20
the word "Copyright," or the = abbreviation=20 "Copr."=20
the year of first publication = of the work=20
the name of the copyright = owner.

A Comparison=20 of Various Types of Intellectual Property =

	Utility=20 Patent	Design=20 Patent	Trade=20 Secret	Copyright	Trademark
What is=20 protected?	Products, = processes,=20 compositions, functions	Cosmetic=20 appearance	Know-how	Original = expression of=20 an idea	Customer's = idea about=20 the source of the product or=20 service
What is = forbidden to=20 others?	Using the = claimed=20 invention	Making = something that=20 looks the same	Unauthorized = use or=20 dissemination by someone who has been let = in on=20 the secret	Copying the=20 expression	Confusing the = customer
How is the = right=20 established?	Examination	Examination	Use in=20 trade	Origination	Use in=20 trade
What is = needed to get=20 protection?	Invention = must be=20 disclosed in detail and must be new, = useful and=20 not obvious to a skilled = person	Cosmetic = appearance=20 must be new and not = obvious	Know-how must = be well=20 defined, not generally known, and must be=20 safeguarded	Concrete = realization of=20 the expression	Mark must be=20 distinctive
How long does = protection last?	Less than 20=20 years	14 years=20 (U.S.)	Until someone = spills=20 the beans	50-100=20 yrs.	As long as it = is=20 = used

Table = reprinted=20 with permission. Copyright =A9 1999-2002 by David A. = Kiewit. All=20 rights reserved.