A Brief Look at Patent, Copyright, and Trademark Laws

Patent

What protections does a patent grant?

A U.S. patent grants a 20-year from date of filing right to exclude others from making, using, offering for sale, selling, or importing your invention of a process; machine; article of manufacture; composition of matter; new asexually reproduced plant; new and useful improvement of these; or any new, original, and ornamental design for an article of manufacture.

Who is eligible for a patent?

According to United States Patent and Trademark Office (USPTO) guidelines, to be eligible for a patent, an idea must be ‘new or novel,’ useful, and non-obvious.

How much does the process cost?

The entire patent process costs approximately $8,000-$25,000 (see general information concerning patents). Developers are advised to work with a patent attorney to help them with the actual patent process.

Copyright

What protection does a registered claim of copyright offer?

A registered claim of copyright grants the copyright owner exclusive rights to reproduce, derive, distribute, perform, and display the fixed embodiment of a act of creativity (e.g., a book).

What can be subject of a registered claim of copyright?

Only tangible or fixed-form materials, such as videotapes, film, music, paintings, and computer software, are eligible for copyright protection.

How do I attain a registered claim of copyright?

Your work is copyrighted from the moment it is created and fixed in a tangible form, however, to bring suit against copyright infringement you will need to register your copyright. Copyright registration is relatively simple compared to the patent process. It requires a $30-application fee and a deposit of the work (see the http://www.copyright.gov for more information).

How long does a registered claim copyright last?

The term of a copyright depends on several factors, including whether it has been published, and the date of first publication. As a general rule copyright protection lasts for the life of the author plus an additional 70 years. For anonymous work, pseudonymous work, or work made for hire, the copyright last for 95 years from the year of its first publication or 120 years from the year of its creation, whichever expires first. For works created before 1978, different rules may apply. See http://www.copyright.gov/help/faq/ for more answers to your questions.

Trademark

What does a trademark protect?

A trademark protects the trademark owner from unauthorized use of his or her trademark. A trademark may be any word, name, symbol, or device that identifies the source of goods or services.

How do I register a trademark?

Any time a source of goods or services claims rights to a mark, he or she may indicate his or her claim with a common law claim of trademark, namely, “TM” for trademark or “SM” for service mark. The claim comes without registration. A common law trademark owner may proceed in federal court against a person who creates confusion in commerce vis a vis his or her common law trademark. However, only federally registered trademarks are granted nationwide rights from the date of registration, presumption of validity, and presumption of exclusivity. Moreover the damage calculation is more favorable for the owner of a federal registration. Only after the USPTO registers may a trademark owner display the “®” emblem (see the USPTO website for basic information about trademarks).

How much does it cost to register a trademark?

The cost of filing a trademark application directly with the USPTO, per class of goods/services, is $335. That cost does not include any attorney fees that developers may incur. The typical budget to register a mark for a single class of goods or services via an attorney is $2500 - $3000. For each additional class of goods or services, the applicant should add $335.

How long does a trademark registration last?

Trademarks last for 10 years, with a renewal option. The registrant is required to file a Statement of Use in the fifth year of the registration.

Additional Resources

The following resources may be helpful for a more detailed look at issues pertaining to patents, copyrights, and trademarks.

What is a Patent, a Trademark, and a Copyright?; American Intellectual Property Law Association; 1995.
An Intellectual Property Law Primer for Multimedia and Web Developers; J. Dianne Brinson, and Mark F. Radcliffe; 1996
U.S. Patent and Trademark Office.
General Information Concerning Patents; U.S. Patent and Trademark Office.
U.S. Copyright Office
Frequently Asked Questions about Copyright; U.S. Copyright Office.
Basic Facts About Trademarks; U.S. Patent and Trademark Office.

* Disclaimer: This site cannot be responsible for the manner in which the information provided is used and the consequences of its use. All fact patterns differ and are related to the jurisdiction in which they are raised. If you are concerned with these issues, you are encouraged to retain an attorney.

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National Center for Technology Innovation