Definitions
INTELLECTUAL PROPERTY
Intellectual property is an umbrella term which refers to creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce.
It refers to the original creative work that, when protected, is protected as a Trademark, Right of Publicity, Copyright, Trade Secret, or Utility and Design Patent.
The following discussion relates to U.S. law and is intended for general information and educational purposes. It does not constitute legal advice. Consult a lawyer about intellectual property protection of your specific work.
TRADEMARKS
A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. This can be in the form of any word, name, symbol or device, slogan, package design or combination of these that serves to identify and distinguishes a specific product from others in the marketplace or in trade. Even a sound, specific color combination, smell, celebrity name or face can be a trademark under some circumstances.
TM or SM after a mark indicates to the public this is the company's specific trademark and serves as a warning to others that this mark should not be infringed upon.
An ® indicates to the public that this is a federally registered trademark and has a higher level of protection.
If your trademark is distinctive, is the first to market, and is not infringing on an existing mark, then it becomes automatically protected as long as you use the mark in the day-to-day activities of commerce. By federally registering your mark with the U.S. Patent and Trademark Office, your level of protection increases. You may apply for a trademark through LegalZoom now.
COPYRIGHT
A copyright © protects the author's proprietary interest in an original work which has been fixed in tangimble medium of expression, and precludes others from, among other things, copying the work. The general rule for a work created on or after 1.1.78, is that the copyright lasts for the author's lifetime plus 70 years after the author's death, or 95 years after publication of a work made for hire.
Where your work is original and comprises expressive information (see lists below), common law copyright is automatic on the date of publication on ideapalooza. An increased level of protection and automatic compensation for misuse is possible by federally registering your copyright with the U.S. Copyright office. You may apply for a copyright through LegalZoom now.
What Does Copyright Protect?
Copyright protects certain original creative works that are published on ideapalooza. Some examples of protected work (but not limited to):
- Literary work in any form
- Musical work to include lyrics
- Dramatic work to include music
- Dance routines
- Art, photography, and sculptures
- Audiovisual recordings and motion pictures
- Sound recordings
- Architectural works
- Graphic design
- Elaborate patterns
- Elaborate jewelry design
What Is Not Protected By Copyright?
Copyright does not protect facts, ideas, systems, procedures systems or methods of operation, principles, or devices. These include among others:
- Ideas
- Titles
- Useful articles
- Definitions
- Typestyles
- Short words or phrases
- Simple jewelry designs
- Simple geometric designs or patterns
- Simple use of color
- List of contents or ingredients
- Work or knowledge considered to be cultural heritage
- Works in the public domain (museum pieces)
- Informational work in the public domain such as calendars, tape measures, or generic terms
NOTE THAT SIMPLY GIVING SOMEONE CREDIT WHEN USING THEIR WORK WITHOUT PERMISSION DOES NOT ABSOLVE THE USER FROM COPYRIGHT INFRINGEMENT AND PENALTIES.
LICENSING AND ROYALTIES
Licensing is a means of providing permission to use copyright work. This can be temporary, permanent, exclusive or non-exclusive, and should be arranged in writing.
Royalties are the payments provided for using copyright work under a license agreement.
PATENTS
Anyone who has an original idea and takes the time and effort to develop that idea into something useful is an inventor. Patent is a process used to protect an inventor's work. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general terms, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain very specific conditions. Patents have a fixed term, which is usually 14 to 20 years.
In general, an invention must fulfill the following conditions to be protected by a patent. 1) It must be of practical use. 2) It must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called "prior art." 3) The invention must be 'non-obvious,' that is it must show an inventive step which could not be deduced by a person with average knowledge of the technical field. 4) Finally, its subject matter must be accepted as "patentable" under law by the
U.S. Patent Office.
It is not a good idea to disclose or offer for sale your invention prior to filing for a patent (patent pending). However, if one chooses to do so in order to test market a product or invention, or sell an invention prior to production, the inventor has exactly one year beginning with the offer to sell the invention to apply for a patent in order to protect their work - or else the application is forever barred. In short, you can still apply for a patent for your invention, after disclosure, if done within one year. You may apply for a patent through LegalZoom now.
THE INFORMATION PRESENTED ABOVE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. CONSULT A LAWYER ABOUT INTELLECTUAL PROPERTY PROTECTION OF YOUR SPECIFIC WORK.
