Generation Information About Legal Topics
Topic 130: Patents, Trademarks, and Copyrights
(revised 9/97)

A patent is a grant from the United States Government which entitles an inventor to prohibit others from making use of his or her invention for a specific number of years.

There are three kinds of patents. The most familiar one is the utility patent, which protects inventions in machinery, processes, manufactured articles, and compositions of matter. The duration of utility patents is 20 years from the earliest application date.

The second kind is the design patent, which protects the ornamentation and appearance of manufactured articles, and which lasts for 14 years.

The third is the plant patent which protects new varieties of shrubs, trees and flowers for a term of 17 years.

To obtain a patent, you must file an application with the U.S. Patent and Trademark Office. While you may prepare and file the application yourself, keep in mind that the value of a patent often depends on legal considerations. Therefore, it is wise to consult a patent attorney before filing.

A trademark is a name or symbol which identifies the source of a product. A service mark has the same purpose, except that it designates the origin of a service instead of a product. The owners of trade and service marks have the right in certain situations to prohibit others from using the same or similar marks on similar goods or services.

The marks protect the consumer from being deceived as to the source of a product or service. They also protect the reputation of their owners.

The effectiveness of any mark depends on certain aspects of the law. So, it is good business, when seeking to obtain federal or state registration of a mark, to retain the services of an expert. Most patent attorneys are qualified in this particular area of law.

A copyright enables the creative artist or author to prevent others from appropriating his or her original work without permission. A copyright in a work is secured automatically upon creation of the work, but before it can be enforced it must be registered with the Copyright Office. Here, again, the best course is to obtain guidance from an attorney with expertise in copyright law.

To learn more about trademarks, service marks, and patents, contact the US Patent and Trademark Office, Washington, D.C. 20231.

Further information regarding copyrights is available from the Register of Copyrights, Library of Congress, Washington, DC 20540

 


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