Overview Of Trademark Copyright And Patent Definitions

A trademark refers to any forms of marks which are registered with the USPTO (United States Patent and Trademark Office). These are names, devices, images, and word identifying any goods which can be produced, manufactured, or naturally harvested.

Copyright is a way of protecting both unpublished and published literary, artistic and scientific works, and any forms of expressions as long as it is tangible. It means you can touch it, hear it, or see it. An essay, a play, a song, funky original choreography, HTML coding, or graphics can be protected. Laws of copyright grant the creator's exclusive rights to distribute, display, perform, reproduce, and prepare derivative works publicly.

A patent is another form of IP (intellectual property). The right of a patent in the United States is granted by the USPTO to the inventors. This is to prevent others from using, making, selling, importing, or offering sales of the patented invention over a limited period of time. The law concerning the United States patent is stated in the Patent Act, 35 U.S.C. The act contains clarifications on using jargons resolving some confusion and complexity.

There are subjects which are not given patent protection. It includes mental processes, physical phenomena, abstract ideas, and nature laws. For instance, you can't patent a new plant, insect, or mineral found or discovered in the wilderness. Likewise, the law of gravity couldn't have been patented by Newton, nor could Einstein have patented his theory of relativity or trademarked "E=mC2". Any discovery which shows characteristics of nature is not reserved for a single person since it is free to all. Natural laws and abstract ideas are reserved for the public domain. Artistic, musical, dramatic, or literary works are entitled for copyright protection. Inventions which are offensive and not useful are deprived of a patent right.

The patent law is created to serve various purposes. It is found in the U.S. Constitution, Clause 8 of Section 8 of Article I stating the power of the US Congress to support the advancement of useful arts and science by giving exclusive rights to inventors and authors of their discoveries and writings over a limited period of time. Thus, a patent system was created by the Congress to reward limited monopolies to the inventors on making, selling, and using their inventions.

The inventions can be made available to the public, however, retaining its right from preventing others to use, sell, or make the invention. A patent is considered a public record once it is issued. The patent applications of inventors must disclose the best approach for using or making their patented invention. The patent can be considered invalid if you fail in this procedure.

It is a fact that mental processes and abstract ideas are not eligible for patented rights. However, the software based on mathematical algorithms receives patent protection because it does not fall under the defined patent scopes. An algorithm is considered as a natural law while mathematics is the primary working tool of science and technology. The Supreme Court in 1981 included inventions related to software in the patent protection. It is because the function of the program only incorporates the underlying principles of mathematical algorithms. Non-physical processes are utilized by the software to operate electronically using mathematical equations or algorithms for controlling the computer program outputs. Functional application of mathematical algorithms in computer programs can be patented. Using examples from electricity or physics are not patentable. However, the methods in which electricity are utilized for transmitting information is patentable.

An invention is qualified for a patent protection if it is new, non-obvious, and useful. The invention was never used in public before an application for a patent is done. The USPTO will reject a patent if the invention is used or sold in public by the inventor or anyone for over one year before filing a patent application. Similar or identical inventions disclosed publicly by others in any parts of the world can be denied of patent rights. Prior art is not anymore considered novel.

In general, the patent claims contain the preamble or the introductory paragraph. It is followed by the elements recited as steps or means to perform a specific function. The elements can be narrowly interpreted by structure, name, or defined steps. The defenses of a patent to infringement include invalidity and non-infringement.

Next article: A Patent Attorney Can Protect Your Copyright Or Trademark

Email this page to a friend

Featured Business Product:

More Articles About Trademarking ...

Overview Of The Application Process For Federal Trademark Registration
A trademark is a common term in the world of business. The presence of trademark confers many benefits to business owners and entrepreneurs, especially if you opt to register your trademark through federal...

Why You Need To Register Your Trademark At The US Patent and Trademark Office
If you are thinking of starting a new business, you need a strategy in place to help make your products sell. Your new company should have a trademark in order to have a unique identity in the marketplace....

Software Patents - Useful Information
The question of whether or not software patents are a necessity has been the subject of many debates. There are two distinct schools of thought on the subject, the first being that copyrights offer sufficient...

Recommended Trademarking Resources

A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

***

Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper))

Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper)) Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) Written for programmers, publishers, writers, musicians, inventors and others who need to understand the terminology of intellectual property law, this bestseller provides: an overview of patent, copyright, trademark and trade secret law, straightforward explanations of the scope of protection each device offers, clear, concise definitions of the terminology in use with contextual examples, cutting-edge definitions of new terms spawned by the Internet, sample non-disclosure agreements and patent, copyright and trademark forms.

For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Patent | Trademark | Copyright.

***

***

Search for more information on "patent trademark copyright" below:

You are here: Home » trademarking » Overview Of Trademark Copyright And Patent Definitions