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 or process.
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 enforce.
Good news for me. Not
so good news for the wise man who wrote his own patent.
Here's to your
success!
ABOUT THE AUTHOR Tim Knox Entrepreneur, Author,
Speaker
http://www.prosperityandprofit.com
http://www.dropshipwholesale.net
http://www.smallbusinessqa.com http://www.timknox.com
