Trademarks Patent

Author: Katheleen Bloom

Copyright infringement is a very serious issue that is plaguing the modern world. Many individuals engage in copyright infringement unknowingly because they have got used to downloading things for free on the internet. However, there is no difference between this form of copyright infringement and any instance of petty theft. Copyright Infringement is a serious issue and it has serious consequences. There is an entire industry of individuals who are affected by copyright infringement; the men and women who have worked hard to create the materials that are being pirated are the ones that suffer as their income stream is severely jeopardised by this phenomenon. Copyright Infringement in all of its manifestations is something that needs to be completely eradicated from the world we live in. Trademarks and patents are an important part of the fight against copyright infringement and copyright infringement.

Lawfully is a Sydney based firm that provides fast, efficient and professional services for clients at realistic fees in relation to trademarks, and the business aspects of patents and copyright. This firm provides reliable services to organisations ranging in size from small to large, in Australia and overseas. It identifies its services by the trade mark 'Lawfully' as well as trading under that name as a business name. Lawfully is a firm which delivers high quality services in the following four areas:

• Trade Mark evaluation, searching and registration.
• Copyright Registration in the USA for the original works of Australian writers, composers and software authors.
• Copyright Management. This service assists the Australian promoter in pulling together the diverse rights of actors and performers so that the promoter owns and can exploit copyrights in the film and/or live performance.
• Copyright and Patent management to assist authors, artists and inventors in Australia to exploit their original work within Australia.

For more information about how Lawfully can help your business with it’s needs as well specific information on the types of services provided by lawfully, please visit the company web-site at www.lawfully.com.au.

About the Author:

Katheleen worked in a law firm for a few years where she got interested in patents and copyright laws. Since then she has been an avid student of the same and likes to inform people about the laws through her articles.

Article Source: ArticlesBase.com - Trademarks Patent

Patent Protection Makes Sense

Author: Jessica Deets

In this dog-eat-dog world a businessperson can't be too careful. It's hard to tell who is trustworthy and who isn't. For an inventor, getting a patent on an idea can mean the difference between finding good investors that will help launch a company or a design or running into a hornets' nest of people who would prefer to grab the idea, run with it and leave the inventor empty handed.

In the United States, the U.S. Patent and Trademark Office is the place to go for filing a patent application. The process can be a little daunting, and considering this many choose to hire attorneys to do the paperwork for them. The reason for this is the fact the U.S. office needs to be reasonably assured what is being patented or trademarked not only belongs to the person filing the documents, but also that it hasn't been trademarked or patented before under another person's name.

To make sure trademarks and patents are handed out correctly, the federal office requires a lot of documents. In the case of machinery and so on, drawings and blueprints may be required along with a lot of other information.

In general, this U.S. office handles only patents and trademarks. It does not handle copyrights although those, too, fall under the "intellectual property" classification. Patents themselves are meant to protect the owners of inventions or improvements to existing inventions from theft of intellectual property. This means legal recourse would be available for a patent holder if someone "borrowed" their idea and launched a product using it.

Following the same vein, trademarks protect identifying words, symbols and terms that help people identify a company or product from a company. Nabisco, Doritos, Coke and so on are all trademarked names. If someone came along and tried to launch Bob's Coke Company, they'd get in trouble under U.S. laws.

Patents themselves are broken down into a few different categories. These include utility patents, design patents and plant patents. Utility patents are for those who invent or discover a brand new machine, process, composition or so on. A design patent is for an "idea" basically. It must involve a new, original concept for manufacture. Plant patents are pretty much exactly as they sound. They protect the creator of a new, asexually created plant from idea theft.

Navigating the governmental system to get a patent can be a tricky undertaking. But it's a good idea for anyone who has created a brand new product, launched a company or product line or even has an idea they'd like to see brought through to manufacture. By navigating the system, inventors and businesses can save themselves a lot of trouble down the road and even help protect themselves from vultures that may try to get rich off the sweat of others.

Whether you decide to go through the process alone or choose to hire an attorney to handle the paperwork, it pays to get a patent. If for nothing else than peace of mind, a patent is a great idea.

About the Author:
Jessica Deets researches the internet for helpful information. You can find more information and news about patents at http://www.patentpulse.com

Article Source: ArticlesBase.com - Patent Protection Makes Sense

Comparison Between Trade Secrets, Patents, and Trademarks

Author: Nick Johnson

It typically requires a patent attorney to define all the nuances between trade secrets, patents, and trademarks, however a few basics don't require a patent attorney for a generic understanding.



Patent infringement is considered an infringement on a product, or a product enhancement that is patented to an existing inventor or company. For a period nearing twenty years, an inventor or company can hold exclusive rights to a patent, and anyone who markets or presents a product that can only reasonably used for the same purpose is guilty of patent infringement.



A trade secret is typically regarded as a company secret that makes the product different from any other, often this refers to an ingredient such as what makes Corn Pops taste like Corn Pops instead of Corn Crunchies.



A patent attorney may be called in to draw up contracts with employees to keep trade secrets safe, as well as prosecute any trade secret infringements once an employee has left a company. It is illegal for an employee or anyone else privy to trade secrets to open up their own company using the trade secrets they learned while working for another company.



A trademark is typically an emblem, logo design, or other distinguishable characteristic that is easily recognizable as a company's trademark. A trademark can be the way a name is or brand id displayed, like Coca Cola's emblem placed up the can or across the bottle.



Trade secrets, trademarks, and patents can all be subject to patent infringement laws, and while these laws are typically complicated enough to require a patent attorney to interpret them, the basis of these laws simply means that nobody is permitted to copy these things without permission.



When trade secrets or trademarks are copied, a patent attorney is usually contacted to assist the defrauded company in determining and prosecuting the offender, as the selling or theft of trade secrets or the copying of trademarks can sufficiently hurt the established company's business.



Many companies rely on their trade secrets and trademarks to establish something special in the marketplace, and being defrauded means that the consumer is now likely to interpret the trademark or purchase the other brand, believing it is the same product.



When this is not true, the consumer may lose confidence in the defrauded company when the product is not the same as expected. The defrauded company has no way of explaining to the consumer that this product was not theirs without retaining a patent attorney to file a patent infringement lawsuit based on either the theft or sale of trade secrets, or the copying of a trademark.



Once a patent attorney is able to bring the case to court and expose the damage done, the consumer by then has already found either another product or may be leery of wasting money on a product that turns out to be less or even just different than what they expected.



A patent attorney can often be brought on board a project in order to help prevent the infringement of trade secrets and trademarks, and of course patents. This is routinely done in the development stage in order to prevent the company from wasting money and energy on a product or product enhancement that is already covered and protected under patent infringement laws, which includes trade secrets and trademarks.



Patent infringement covers all aspects of business practices that include things such as trademarks and trade secrets. Patent attorneys are able to keep up on the changing laws, which is often invaluable in the development of a new product.



No company wants to spend man hours and money in the development of a product or product enhancement that is like to find them on the receiving end of a patent attorney's line of questioning. Considering the ample awards that are handed out for patent infringements, it makes financial sense to bring a patent attorney on board to justify the product development.



Naturally, patent infringement is taken very seriously in business law, and the penalties for either a patent infringement, trade secret violation, or a trademark infringement are quite severe. This is just one motivating factor in seeking assistance from a patent attorney before marketing a new product or product enhancement.



In today's business world, an ounce of prevention is worth about 2.3 million dollars worth of cure. The vast majority of companies simply skip the guess work and retain a patent attorney from the start, and by doing so, thwart their chances of accidentally being guilty of patent infringement, trademark violations, or trade secret violations.

About the Author:

Nick Johnson represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com . Call 1-888-311-5522 to receive a free case evaluation.

Article Source: ArticlesBase.com - Comparison Between Trade Secrets, Patents, and Trademarks

Los Angeles Patents,Trademarks and Copyrights Lawyer Referral 661-310-7999

Author: State Bar Approved Lawyer Referrals

The following information regarding Patents, Trademarks and Copyright is brought to you as a public service of 1000Attorneys.com - State Bar Approved Lawyer Referral and Information Service. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Patents are intended to protect inventions of a functional or design nature. Trademarks provide protection for indicators of the source of products and services used in commercial trade, such as words or logos. Copyrights provide protection for literary and artistic expressions. Patents, trademarks and copyrights are collectively referred to as intellectual property.

Patents are granted by the federal government to protect inventions for a limited period of time. There are three types of patents: utility patents, design patents, and plant patents. A utility patent gives the patent holder the right to exclude others from making, using, importing, offering to sell and selling his or her invention for a period of 20 years from the date of filing a patent application. A utility patent may be obtained for processes, machines, articles of manufacture, or compositions of matter if the invention meets three basic criteria. (1) It must be useful; (2) it must be novel, in that it has not been previously known by others; and (3) it must be sufficiently different from what was previously known that it would not be obvious to someone having ordinary skill in that field.

Design patents are available for new and original ornamental designs for an article of manufacture. A design patent protects the design for 14 years from the grant of the patent. Plant patents may be obtained for certain types of asexually reproduced plants that do not occur naturally, for example, new varieties of roses.

An inventor may prepare and file a patent application directly with the U.S. Patent and Trademark Office. However, the availability and scope of protection depend on how a patent application is prepared, so it is recommended that an inventor first consult a registered patent attorney or agent.

At the outset, the attorney or agent may suggest that a novelty search be performed to see if a similar invention has been described in a previously issued patented. If an invention appears to be sufficiently different from what is known to exist, he or she can prepare the necessary papers to apply for a patent.

Utility patent applications include a detailed description and drawings of the invention, as well as claims that legally define what protection is requested. It is possible to file a temporary application, referred to as a provisional application, before filing a regular utility application. A provisional application also must have a detailed description and drawings of the invention, but is not examined. A regular utility patent application that is filed within one year of the provisional application will be treated as though it was filed when the provisional application was filed. A patent attorney or agent can inform you of the advantages and disadvantages of filing a provisional application.

There are strict statutory requirements in the United States regarding the time within which a patent application must be filed after an invention has been publicly used, or sold, or offered for sale. It is important that an inventor be prompt in seeking help in protecting his or her invention. If your invention has been in public use, offered for sale, sold or otherwise commercialized for more than one year before your patent application is filed, the inventor is barred from obtaining a patent in the U.S. unless the inventor can show that the public use was primarily experimental. Other countries have different bars, which are generally much more strict than those in the U.S., so it is best to consult a patent attorney or agent before you do anything to commercialize your invention or disclose it to others.

The words "patent applied for" or "patent pending" mean that an application has been filed in the U.S. Patent and Trademark Office. Such notices create no legal rights, however, as patent rights are created when the patent is granted.

A United States patent provides no protection in foreign countries; however, filing a patent application in the United States prior to any non-confidential disclosure of the invention will temporarily preserve the inventor's rights in most foreign countries, so long as applications are filed in those countries within one year after the U.S. filing date. However, so long as inventions are kept confidential, applications can be filed in other countries at any time.
A patent is a property right that may be held for one's own use, sold outright to another, or licensed to others.

After a patent is issued, the federal government does not police the market for violations or infringements. If others infringe the patent, it is up to the patent owner to assert his or her rights.

A trademark is a word, a name, a symbol, a device, a combination of these, or other indicator used exclusively to identify the source of products and distinguish them from others. Examples are "Kodak" for cameras, and "Chevrolet" for automobiles. Service marks are like trademarks, except that they identify services. Examples of these would be "McDonald's" for restaurants, and "Holiday Inn" for motels.

There is a hierarchy of protection for trademarks and service marks. The strongest are coined or arbitrary marks that in no way suggest or describe the product or service. An example is "Kodak" which was a coined or made-up word when first adopted.

Next, and also protectable, are marks that merely suggest the product or service or suggest some characteristic or quality of the product or service.

At the bottom of the list, and generally not protectable, are descriptive marks. Generic terms can never become valid trademarks.

Rights in a trademark or service mark are acquired in the United States by being the first to use the mark in commerce on or in connection with the goods or services. Rights also may be established by filing an application for trademark registration in the U.S. Patent and Trademark Office based on a bona fide intention to use a mark at a later date. A mark is not registered until it has actually been used on a product or service.

It is not necessary to register a trade or service mark. It can be protected under state and federal laws without registration. However, it is beneficial to register the mark, either with the Oregon Secretary of State, or if interstate commerce is involved, with the U.S. Patent and Trademark Office.

When a mark is registered, particularly at the federal level, the registration provides to others notice of the registrant's claim of ownership, and it gives federal courts jurisdiction to hear infringement claims. Once a trademark is registered with the U.S. Patent and Trademark Office, it may be accompanied by an "R" in a circle, or by some other notice indicating that it is registered in the U.S. Patent and Trademark Office.

Before you adopt a mark for use on either a product or service, you should have a search performedto determine if someone else has previously established rights in the same or a similar mark. Again, an attorney may be helpful to you in making such searches before you adopt a mark and in later registering your mark.

Additional information on patents and trademarks is also available at the web site of the U.S. Patent and Trademark Office, www.uspto.gov.

Copyrights seek to promote literary and artistic creativity by protecting what the U.S. Constitution broadly calls "writings of authors". Copyrightable works include literary works, musical and dramatic works, sculptures, motion pictures and other audio-visual works, sound recordings and computer programs.

A copyright protects only the particular expressions of ideas and not the ideas themselves. To be protectable, a work must be original and it must evidence some creativity. Depending on the nature of the work, the owner of copyright has the exclusive right to reproduce the work, to prepare derivative works, to distribute copies of the work, to perform the work, to display the work, and to authorize others to do these things.

Once a copyrightable work has been created and fixed in a tangible form, such as being written down or recorded, it is protectable, whether it has been published or not. If it is to be published, all copies of the work that are published should preferably bear a copyright notice. The statutory copyright notice consists of the symbol of a "C" in a circle or the word "copyright," the year of first publication, and the name of the owner of the copyright. In the case of sound recordings, a "P" in a circle must be used in place of the "C" in a circle. Audio-visual works should bear both the circle "P" and circle "C" indicators.

Copyrights may be registered with the Copyright Office in the Library of Congress. As of 1989, it is no longer necessary to place a copyright notice on a work, nor is it a requirement to apply for registration with the Library of Congress, but such notices and filings are strongly recommended to obtain advantages in the event that a copyright is to be enforced in a court of law. For example, registration is still to bring a lawsuit, and the existence of a registration prior to an infringing act may entitle the copyright owner to additional monetary awards by a court.

An individual's copyright lasts for the author's lifetime plus 70 years. A copyright registered anonymously, under a pseudonym or as an entity lasts 120 years from creation or 95 years from the date it is first published, whichever expires first.

About the Author:

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Article Source: ArticlesBase.com - Los Angeles Patents,Trademarks and Copyrights Lawyer Referral 661-310-7999