Patents Legal Questions

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services. A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to the exclusive use of the mark in relation to the products or services. The owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colorfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. A trademark will protect goods and a service mark will protect services. There are 34 different classes for protecting goods and 11 different classes for protecting services, and a federal trademark application must designate the goods or services for the mark. There are common law trademark rights, and the owner places a TM after the mark. Once the owner has been granted rights but the U.S. Trademark Office, the owner places a circled R after the mark. We hope that this helps.... Read Answer

Unless you own the material on the DVD or have a license to copy it to your computer, you are probably violating someone's copyright by making an unauthorized copy of the material. There are a few exceptions to this (the material may not be copyrighted, for example) but they're pretty rare.... Read Answer

Under U.S. law, an original work is protected from the moment it is fixed in a permanent medium. Either the words or the lyrics or both together can be copyrighted this way. In addition, your performance of the music can also be copyrighted. Although it is not required by law, you can register your copyrights with the U.S. Copyright Office (Library of Congress) which gives the public further notice that you own this material and impacts the amount of damages owed to you by violators. So you can post your music to on-line sites, knowing that the material is protected already. However, once posted, it is almost impossible to prevent someone from violating your copyright and very difficult and expensive to recover damages. So don't post anything that you think is a real money-maker.... Read Answer

Send a "cease and desist" letter to the person who is posting your article and notify each of the web sites that you own the copyright to the work, have not granted permission to anyone to use the work (post it on-line), and demand that they remove it from their site. If no one cooperates, an attorney can help you get it taken down.... Read Answer

As a broad general statement, any useful item that meets the requirements for a patent and hasn't already been invented can be patented. Some processes can also be patented. Check the list of patents granted by the U.S. Patent and Trademark Office on their web site: USPTO.gov There are also a number of books for sale and in libraries that will give you a better idea of what qualifies.... Read Answer

Software can either be copyrighted or patented, depending on what the software does. If you develop the software by yourself, you own all the rights to it yourself; if you are part of a group, everyone may have a claim to it. That's the "proprietary" part. A license is your (or the group's) permission to someone else to use your proprietary software. An intellectual property attorney can draft this document for you in a manner that will keep all the proprietary rights in your hands.... Read Answer

Copying the work of another person and posting it on the Internet is usually how infringement occurs. To avoid copyright claims of another person - be creative - make your content all by yourself - or use materials that are in the public domain. Search for public domain information on the Internet - it will be old - but could be very useful to you. If you want to use the work of a known author - as for permission. If granted - you will be okay. Otherwise - create your own work.... Read Answer

A Utility Patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A Design Patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Generally, the term of a Utility Patent is 20 years from the U.S. filing date of the first U.S. Patent Application, while the term of a Design Patent is 14 years measured from the date of the Patent grant. The fees and costs for a Design Patent are generally less than a Utility Patent, and the Design Patent generally works its way through the U.S. Patent Office more quickly. However, the Utility Patent provides better coverage for the invention. If your invention has a unique structure or function and a unique ornamental design, you should consider seeking both a Utility Patent and a Design Patent. We hope that this helps and Good Luck!... Read Answer

A patent application is extremely complex and expensive and if you don't do it right, the chances of the USPTO denying your application are very good. If you've obtained a patent before, you may be able to do the next one on your own. A patent attorney or a patent agent can save you a lot of time and money and increase greatly your chances of obtaining a patent. The examination process can take as little as 9 months according to the USPTO but usually takes much longer.... Read Answer