Intellectual Property Law: Patents, Trademarks and Copyright

Intellectual property ownership is a broad area of law covering a variety of intellectual property forms. The type of registration or licensing depends on the property classification and it is important to understand the application processes. Acquiring a legal ownership or proprietorship of intellectual property can be a time-consuming task, but is often necessary when developing a business or marketing plan for any prospective owner.

Patents

A patent is the legal assignment of rights for a particular invention that guarantees a legal claim to any unauthorized profit of the claimed invention. Patent ownership can include many different products and claimed on distinctions or improvements in products. The defining property is critical in determining allowance of a patent and must be included with the original application. Not all inventions meet the patent-ability requirements.

Anyone interested in a patent can access forms from the USPTO website. The process of applying can be tedious and it is always a good idea to discuss a serious inquiry with an intellectual property professional before beginning the application. Appeals on denials normally cannot include any new product information and the application fees are not refundable.

?Trademarks

Trademarks are different from both patents and copyrights. A trademark is a symbol that a business registers for use as a company logo or identification. They can also include words, phrases, designs, or combinations that serve as a top-of-mind product awareness marketing device.

Service marks are also included in this intellectual property registration class. Service marks are qualified in the same manner, but represent a service performed instead of an actual product. Service marks are very common, but many businesses often do not consider that their particular company could be eligible for a service mark registration.

It is important to understand that trademarks are not owned indefinitely. They are registered for a definite period and are available for renewal. The standard trademark registration period is five years. The waiting period for receiving a response on a trademark application is six months. It is always a good idea to go to the USPTO website to check for registered marks and be ready to identify the mark distinction in the application. There is no guarantee of approval and there is a filing fee depending on the request.

Copyrights

A copyright is legal right to authorize all use of a particular literary or musical work or composition. It is essentially the right to copy an original work or allow another individual to copy or use the work in another product. Normally the copyright owner will be credited with the work. In this manner copyrights are very different from marks and patents.

Copyrights are issued through the United States Copyright Office instead of the USPTO. Filing fees are less and structured differently. Copyrights are legal assignment of exclusive rights to an artistic work, but do not always indicate the actual author.

Because copyrights are not qualified in the same manner as marks and patents, copyright infringement claims can often be problematic. Licensing of compostions are normally registered with a music licensing and royalty agency such as the Association of Songwriters, Composers, Authors and Playwrights (ASCAP) or Broadcast Music Incorporated (BMI).

Source: http://fordifferent.com/intellectual-property-law-patents-trademarks-and-copyright

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