Protect Your Ideas With Copyrights And
Q: Can you tell me the difference between a
copyright and a patent? Also is that something I should let a lawyer
handle for me?
A: A wise man once said, "The biggest difference between a copyright and
a patent is the number of lawyers it takes to do the paperwork." There
is a point to be made there, mainly that if this wise man had paid his
attorney to copyright that tidbit of wisdom I probably would have had to
pay him five bucks to use the quote.
Copyrights, trademarks and patents are similar in that they are designed
by law to protect your rights of ownership, but that's where the
similarity ends. A copyright protects a creative work; a trademark
protects a brand or company identity; and a patent protects an invention
A copyright protects the rights of anyone who creates an "original work
of authorship." A copyright owner has the exclusive right to reproduce
the work; prepare spin-off works based on the copyrighted work; and to
sell, perform and/or display the copyrighted work in public.
Copyright protection is afforded to eight categories of creative works:
literary works (the written word); musical works (lyrics, music,
melodies); dramatic works (plays, scripts, screenplays); artistic works
(pictorial and sculptural), sound recordings (LPs, CDs, audio tapes);
choreographic works (dance, pantomime); audiovisual works; and
architectural works (blueprints, designs, renderings).
An original work is automatically copyrighted the moment it is put into
a fixed format such as a paper copy or recording. In other words, once
you put your original story in writing or make a recording of an
original song, your copyright is automatically secured. From that moment
on your work has copyright protection for your lifetime, plus 50 years
after your death.
Registering a work with the U.S. Copyright Office is not required, but
since it is relatively simple and inexpensive to do so, I advise that
you register a copyright for each work you wish to protect. Also, your
copyright must be registered in order to take legal action against
someone who might infringe on the copyright in the future.
You can register a copyright without the assistance of an attorney.
Simply visit the U.S. Copyright office website at http://lcweb.loc.gov/copyright/
and download the appropriate form. Complete the form and send it in with
a $30 nonrefundable filing fee. This must be done for each individual
work you wish to protect.
A patent is a form of protection granted to an inventor that protects
his invention in the United States for up to 20 years from the date of
application. Patent law states that, "whoever invents or discovers any
new and useful process, machine, manufacture, composition of matter, or
any new and useful improvements thereof may obtain a patent." Owning a
patent gives you the legal right to stop someone else from making, using
or selling your invention (or one that's very close to it) without your
permission. However, proving that someone is infringing on your patent
is often difficult and usually requires a trial to settle the dispute.
Since the first U.S. patent was awarded in 1790, more than five million
patents have been awarded. The patent office receives more than 230,000
patent applications every year and I can tell you from personal
experience that a turtle on Prozac moves faster than the patent process.
Patents can take several years, truckloads of paperwork, and
considerable legal fees to obtain. The cost of obtaining a patent can
run from $500 for a simple design patent to $50,000 and more for a
complex utility patent. However, if your company has a truly patentable
idea, you would be wise to invest the time and money required to secure
your rights. A good patent can be a valuable business asset.
While you can file a patent yourself, I strongly advise that you use an
attorney since a naively written patent application often isn't worth
the paper it's printed on. Just recently my attorney did a patent search
for me only to discover that a patent for a similar product was already
in place. However, due to the ineffectual language of the patent
application, the patent was practically impossible for the owner to
Good news for me. Not so good news for the wise man who wrote his own
Here's to your success!
Article Source: http://www.articledashboard.com
Tim Knox Entrepreneur, Author, Speaker