In all legal matters one should seek the advice of an expert in the field. The following comments are intended to act as points for discussion if an inventor chooses to contact a patent attorney or patent agent.
Just a brief set of definitions covering the content of this page:
INVENTIONS, PATENTS AND TRADE-SECRETSWhen an individual submits an application for a United States Patent, the office acknowledges that a record of invention has been filed. They may or may not agree to grant a patent dependent upon their interpretation of whether prior patents (art) would have led a person knowledgeable in the field to anticipate your invention. Never-the-less, you have an invention! In fact even if you don't file an application - you still have an invention which means that you should write it down, draw descriptive diagrams and get someone to acknowledge that this is your work. Dating it is very important as are signatures.
There is a cross-over between Patents and Copyrights - One should always apply for a copyright with on all patent applications. Some patent have a statement in their discussion, addressing copyrights, others do not.
TRADE-SECRETS - As the name implies, trade-secrets are just that. Companies in many cases prefer to keep a closet full of processes and "compositions of matter" secret. Best example I can think of is the formula for Coke (By the way, Coke is a trademark and the company will fight to the death to protect it).
COPYRIGHTS - Laws concerning copyrights are changing. However, filing for and being granted a copyright is simplicity in itself. As I understand the current law, when you put the idea to paper you have in fact copyrighted the article (song, book, poem, art work (including cartoons), patent idea, whatever). You can obtain a document which essentially certifies that - yes, you are the author by submitting an application with the article and $20.00 to the Register of Copyrights, Library of Congress, Washington, DC 20559. (Write them for an application form, it spells out the details. Some original work may not be granted a copyright by the Government. If you are refused, it's time to get legal advice, if you think the works are of value, otherwise, forget it. (That's what I have done in the past.)
Penalties for violating another persons copyright can be severe, if not down-right embarrassing. If the person has filed for and received a copyright, there are substantial financial penalties for the transgressor to pay. If no filing is made the violator can be made to stop the violation, but there are no penalties. So file a copyright application!
In the kinder school of education we call this plagiarism! So give credit where credit is due, and don't copy without it. If you are going to publish another's work, get permission.
A notable exception is, as in this essay, making information available on the Internet in quoting from another's work, it is permissible to do so without asking for permission, as long as you give reference. (Look at it as a way of giving free advertising to the author of the original works.)
In Dr. Chase's book of recipes, his copyright reads:
"Laws of Copyright.-
The exclusive benefits of Copyrights extend to Twenty-Eight Years - then renewable for Fourteen Years, if the Author is dead, to the Heirs, by re-recording and Advertising the re-record for four weeks in any Newspaper in the United States.
The forfeiture of all the books, and a penalty of Fifty Cents on each Sheet (16 pages) in the work, half to the United States and half to the Author, is the penalty for Publishing or Importing any work Without, the written Consent of the Author; and the Printer is equally liable with the Publisher.
Entries can be made in any District Court of the United States. The laws are found in Vol. 4, of the United States Statues, pages 436-439. The Clerk is entitled to a Fee of Fifty Cents; and also Ffty(sic) Cents for each Copy of the Record, under Seal of the Office, that may be desired."
Those were pretty stiff penalties in those days and while the terms of copyright law has changed, the penalties continue to be harsh and in fact are much more severe than patent infringement penalties.
(Dr. Chase would be pleased to see that by my using the format of the first page of his book, I have generated considerable interest in the book itself as indicated by my Email.)
TRADEMARKS AND SERVICE MARKS
Trademarks and service marks are granted by the Department of Commerce, as well as the state in which you reside. It's better to have the USGov's ok so you can cross state lines. A trademark identifies a product, as example, when you see the Kodak trademark you immediately identify it with film and film products. On the other hand a service mark is granted to identify an individual or company within a product/activity grouping. ABS may be used by a trucking firm, an animal breeding company, a plastic, etc. The restriction being that you are granted the right to use the service mark in a designated area and are protected against another business using that same mark for those services.
For more about inventions and inventing visitInvent
Perhaps visiting the rules of business by P. T. Barnum may be of interest: Rules
And as always, there should be a Disclaimer Joe Wortham's Home Page , About Joe Wortham , Directory
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