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Intellectual Property
Patents, Trademarks, and Copyrights
Patents,
Trademarks, and Copyrights are three types of intellectual property
protection. They are different and serve different purposes.
Patents protect inventions, and improvements to existing
inventions. Trademarks include any word, name, symbol, or device,
or any combination, used, or intended to be used in commerce to
identify and distinguish the goods of one manufacturer or seller
from goods manufactured or sold by others, and to indicate the
source of the goods. Service marks include any word, name, symbol,
device, or any combination, used, or intended to be used, in
commerce, to identify and distinguish the services of one provider
from services provided by others, and to indicate the source of the
services. Copyrights protect literary, artistic, and musical works.
For general information, publications and other copyright related
topics, you may visit their Web site at http://www.copyright.gov. Copyrights
information can be obtained from the U.S. Copyright Office, Library
of Congress, Washington, DC 20559 or you may call 202 707-3000 or
202 707-6737 (TTY).
(from the USPTO Website.)
Trademark
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO.
An application must include the following:
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.
Copyright
A Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Patent
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
Patent Office
Patent Fees
This Section is sponsored by: SOWGlobal, Inc. 
SOW Global, Inc., is a nonprofit organization assisting self-employed, independent professionals, small business owners, churches and nonprofit organizations in creating solid local economies through local business and economic development.
With over fifteen years of business, professional and service experience we take pride in our clients success. Our organization supports small businesses across the Country and we look forward to assisting you! www.SOWGlobal.com
Patents,
Trademarks, and Copyrights are three types of intellectual property
protection. They are different and serve different purposes.
Patents protect inventions, and improvements to existing
inventions. Trademarks include any word, name, symbol, or device,
or any combination, used, or intended to be used in commerce to
identify and distinguish the goods of one manufacturer or seller
from goods manufactured or sold by others, and to indicate the
source of the goods. Service marks include any word, name, symbol,
device, or any combination, used, or intended to be used, in
commerce, to identify and distinguish the services of one provider
from services provided by others, and to indicate the source of the
services. Copyrights protect literary, artistic, and musical works.
For general information, publications and other copyright related
topics, you may visit their Web site at http://www.copyright.gov. Copyrights
information can be obtained from the U.S. Copyright Office, Library
of Congress, Washington, DC 20559 or you may call 202 707-3000 or
202 707-6737 (TTY).(from the USPTO Website.)
Trademark
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO.
An application must include the following:
- the name of the applicant;
- a name and address for correspondence;
- a clear drawing of the mark;
- a listing of the goods or services; and
- the filing fee for at least one class of goods or services.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.
Copyright
A Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
Patent
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
- Utility patents may be granted to anyone who invents or
discovers any new and useful process, machine, article of
manufacture, or composition of matter, or any new and useful
improvement thereof;
- Design patents may be granted to anyone who invents a new,
original, and ornamental design for an article of manufacture;
and
- Plant patents may be granted to anyone who invents or discovers
and asexually reproduces any distinct and new variety of
plant.
Patent Fees
SOW Global, Inc., is a nonprofit organization assisting self-employed, independent professionals, small business owners, churches and nonprofit organizations in creating solid local economies through local business and economic development.
With over fifteen years of business, professional and service experience we take pride in our clients success. Our organization supports small businesses across the Country and we look forward to assisting you! www.SOWGlobal.com
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