Okay. You have invented something you believe to be new, non-obvious, and useful. You want to patent it or trademark it, or copyright it, you don't know which one you need, but you know you need your item protected right now.

The short version: Yes. Yes, you should file for any kind of protection you believe your hard work can receive. In this modern world of Peer-to-Peer file sharing networks, copyright infringement happens left and right. It's best to be overly protected, rather than to find yourself woefully under protected.

The long version: Depending on what your item is, it could be either trademarked, copyrighted, or patented.

First, a trademark is a sign or other indicator that is used to identify the source of an item. For example, the distinctive Coca-Cola logo denotes that product as being an official Coca-Cola. Common indicators include a phrase, word, logo, symbol, or any combination of those items. The trademark used to describe your item would have to be filed independently of the item itself.

The Copyright Act protects items of "expression" such as literary, dramatic, and musical works; pantomimes and choreography; pictorial, graphic and sculptural works; audio-visual works; sound recordings; and architectural works. Copyright protection kicks in immediately as soon as the work is in tangible form. The terms of copyright lasts for the life of the author, plus 70 years after their death. If the work was created as a "work for hire" for a business or individual, then the copyright term is 95 years or 120 years after it was first created, whichever comes first.

However, a patent is usually awarded to inventions that are decreed to be new, non-obvious, and useful. Nor can it be naturally occurring in nature. If you create a living being, you might be able to patent it, you cannot patent your dog, but if you genetically engineered a species of dog to be different than other dogs in some way, that might be able to be patented.

You cannot patent a sandwich, no matter how awesome its construction may be. If you wrote a descriptive recipe, that recipe could be copyrighted.

You will need to decide which patent you need for your product or "object." You have three choices of patents. The Utility Patent is the most common and most used type of patent. Utility Patents protect inventions, gadgets, and machines. Design Patents protect against the physical look of something. For example, if Dell Inc. invented a new keyboard with a different design, the company could file a Utility Patent for it so other companies could not copy its unique design. Also, the characters in all the Harry Potter books and films are protected under the Design Patent. The third type of patent is called the Plant Patent; it protects invented, genetically altered, or discovered plant varieties.

Applying for a patent is more difficult than registering for a copyright. Registering for a patent requires you to include drawings of how the invention works. It is also harder to research if a similar device has not been patented.

The main rule to follow when filling out an application the United States Patent and Trademark Office would be to "be detailed." Be as detailed as you can be in your application, the part of the application where you describe your invention, and the section where you list the images and drawings of the invention. There are many worthy inventions that fail their original patent application due to the design drawings and possibly other aspects of the application being too vague. There are also specific guidelines regarding how the images are to be drawn. Failure to follow the guidelines may be reason to reject a patent application.

Patent applications can be costly, depending on the type of patent. The fee is non-refundable, so make sure you follow all directions to improve your chances of having your patent awarded to you. Do not cut corners. Be detailed. Proofread and check the application over a few times before submitting. Make sure your drawings are clear and specific. Follow the guidelines given on the USPTO website succinctly. The waiting period for approval can be tumultuous, but the wait is worth it.

In conclusion, yes, you should patent your invention, copyright your book, and trademark your distinctive logo.

© ResearchCopyright.com