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Protecting Your Intellectual Property

Tuesday, September 11, 2007

Wells Fargo Bank, http://www.wellsfargo.com

If you’ve worked hard on a concept, invention or new product or service—and believe it’s truly unique—you want to make sure that intellectual property is protected. Typically, that safeguarding is accomplished in one of three ways: through copyright, trademark or patent.

Each plays a different role, covering specific needs. Here’s a brief overview of what each is designed to protect:

* Copyright covers “original works of expression.” These include novels, fine and graphic arts, music, audio recordings, photography, software, video, cinema and choreography. Copyright works to prohibit others from copying or commercially exploiting those works without the copyright owner’s permission. Copyright protection begins as soon as a work is created and typically lasts as long as the author is alive, plus 50 years.

* A trademark protects distinctive words, phrases, logos, symbols, slogans and any other devices used to identify and distinguish products or services in the marketplace. Brand names are trademarked. Trademarked product names or company names are shown with the TM symbol, usually expressed in a smaller font. A registered trademark is a trademark or service mark (SM) that has been registered with the U.S. Patent & Trademark Office (U.S. PTO). A service mark is the same as a trademark, but it identifies and distinguishes the source of a service rather than a product. The symbol for a registered trademark is ®. To maintain valid trademark registration, you must file an Affidavit of Use between the fifth and sixth year following registration, and within the year before the end of every 10-year period after the date of registration.

* A patent protects an invention for 20 years from the date the patent is applied for through the U.S. PTO. There are three types of patents: utility, design and plant. A utility patent protects the functionality of an invention, a design patent protects the appearance of an invention and a plant patent, as the name implies, refers to the discovery or creation of a new plant. The patent number, or the term “patent pending,” is placed somewhere on the product or the packaging (patent pending means that a patent has been applied for but has not yet been issued). Patent protection begins once the patent is issued.

In addition to understanding what you’re protecting, it’s worth it to understand the costs and processes involved. In the case of a copyright, you can apply the symbol and date yourself and be technically covered. But for an annual fee of just $20, you can register your copyright with the U.S. Copyright Office. Trademark fees can run anywhere from $275 to $375, depending what you want to trademark and how you file (i.e., on paper vs. electronically). A patent, on the other hand, is much more costly; there are U.S. PTO fees pay to and the patent application process is much more complex, usually requiring the services of a registered patent agent and often a lawyer.

To learn more about each type of coverage, visit the U.S. Copyright Office (http://www.copyright.gov/register/)and U.S. PTO (http://www.uspto.gov/). And speak with your own attorney about the right protection for your intellectual property before making any decision.


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