Protection

Protection for Intellectual Property

When you decide to protect your inellectual property, the first step is to determine what type of intellectual property protection you need. There are three types of intellectual property: trademarks, patents and copyrights. Trademarks and Patents are given out by the U.S. Patent and Trademark Office which is an agency in the United States Department of Commerce. Copyrights are handleld by The United States Copyright Office, a part of the Library of Congress.

United States Patent and Trademark Office

(USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." The USPTO registers trademarks based on the Commerce Clause of the Constitution (Article 1, Section 8, Clause 3). Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents and trademarks underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the Nation's technological progress and achievement.

The USPTO advises the President of the United States, the Secretary of Commerce, and U.S. Government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes the stronger and more effective IP protection around the world. The USPTO furthers effective IP protection for U.S. innovators and entrepreneurs worldwide by working with other agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners.

PATENTS

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.

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.

Applying for a patent can be done HERE but one shoul first check the Patent Full-Text and Image Database HERE to see if an idea has already been patented.

TRADEMARKS

A trademark is a brand name. A trademark includes any word, name, symbol, 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. A service mark is 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.

Must all marks be registered? No, but federal registration has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. Please review the timeline for trademark processing to learn what to expect in the overall application process and when.

Registration for the various forms of Trademarks can be done HERE

United States Copyright Office

The Copyright Office is an office of record, a place where claims to copyright are registered and where documents relating to copyright may be recorded when the requirements of the copyright law are met. The Copyright Office furnishes information about the provisions of the copyright law and the procedures for making a registration or recordation, explains the operations and practices of the Copyright Office, and reports on facts found in the public records of the Office. The Office also administers the mandatory deposit provisions of the copyright law and the various compulsory licensing provisions of the law, which include collecting royalties.

In addition, the Copyright Office provides expert assistance to Congress on intellectual property matters; advises Congress on anticipated changes in U.S. copyright law; analyzes and assists in drafting copyright legislation and legislative reports; provides and undertakes studies for Congress; and offers advice to Congress on compliance with multilateral agreements, such as the Berne Convention for the Protection of Literary and Artistic Works. The Office works with the executive branch’s Department of State, the U.S. Trade Representative’s Office, and the Department of Commerce in providing technical expertise in negotiations for international intellectual property agreements; and provides technical assistance to other countries in developing their own copyright laws.