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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