About Patents and Trademarks
What is a Patent, Copyright,
Trademark, Trade Secret?
A patent for
an invention is a grant of property
rights by the U.S. Government
to the inventor (or his or her
heirs or assignees), acting through
the Patent and Trademark Office
(PTO).
The three types of patents
are utility, design, and plant:
A utility patent lasts for 20
years (if granted after June 1995),
and for 17 years if granted before
that date, for any invention that
is new, useful, nonobvious, and
is a process, machine, manufactured
article, composition, or improvement
of any of the above.
A design patent lasts for 14 years
for a new, original, and ornamental
design for an article of manufacture.
A plant patent lasts for 20 years
for any asexually reproduced plant.
A copyright
lasts for the life of the artist
plus 50 years and is granted for
a variety of works of art. Whether
someone has created an article,
poem, a book, a statue, a dance,
a painting, a magazine, a software
program, etc. protection is provided.
Each week, increasing numbers
of patents on computer software
are issued. If you design such
a program, don't fail to consider
your work for possible patentability.
You can go for it simultaneously
with copyright protection. A
© on software only covers
"expression" the way
in which the software is written.
A patent for software is granted
for function.
A trademark
or service mark is a name, symbol
or phrase used in interstate commerce
to identify a product or service.
These marks last for 20 years
if granted before November 16,
1989, and 10 years if granted
after that date. Each registered
mark must be renewed between the
fifth and sixth year after registration
to maintain its validity. The
Affidavit of Use, known as a Section
8 Affidavit, must be filed on
time without exception.
A trade secret
is protected only by state law
for any formula, recipe, device,
or process, which is accessible
to the owner and employees of
a company, such as the recipe
for Coca-Cola®.
|
Patents
