patent license agreements http://www.artwoo.com Returned search results for patent license agreements Copyright 2008 Mon, 01 Dec 2008 16:09:34 +0000 http://www.artwoo.com/rss/patent+license+agreements Patent License Agreements http://www.artwoo.com/article/patent-license-agreements http://www.artwoo.com/article/patent-license-agreements#comments Wed, 23 Jul 2008 14:57:19 +0000 patent license agreementpatent license agreementsvital coglicensor grantsroyalty feebusiness operationlicensee http://www.artwoo.com/article/patent-license-agreements patent license agreement has become a valuable and trusted technique for companies to share knowledge in a protected way. No company wants to invest time and money in an invention, only to give it away without the prospect of compensation. Thus, the patent license agreement was created. It is an agreement in which a to a for consideration the revocable right to perform an act that would otherwise be illegal without the licensor's permission. Here, in contrast to other types of license, the act is to use the licensor's invention, which is patented for the protection of the licensor. The grant of permission, which may be exclusive or non-exclusive, is embodied in a document called the license.

There are a number of reasons why companies use . Perhaps the licensor stumbled upon the invention and has no desire to develop it, lucrative though it may be. Or perhaps the licensor has the desire to develop the invention but not the capabilities to do so. Only with another company's money or knowledge can the invention be advanced. On the other side of the coin, maybe the licensee needs the invention as a in a bigger . Finally, the licensee could well have the ability and the desire to further the invention that the licensor lacks.

Ideally, both parties benefit from the agreement. The licensee receives the benefit of using the licensor's invention, and the licensor gets a for this use. Generally, a licensor can expect to get a fee of five percent of the licensee's net sales. But this five percent is only a starting point and is certainly not consistent from industry to industry.

A license is necessarily limited, both in scope and in duration. The licensor grants certain rights in the invention while retaining others, namely ownership. However, the licensor may transfer all of its rights in the invention completely and without limitation. This type of transfer, to be distinguished from a license, is called an assignment. When the patent license expires or is revoked, the right to use the material reverts back to the licensor.

Patent License agreements have several key elements. The most important is the license grant, which talks to scope of the license: what is being licensed? To whom? For how long? In what capacity? May the licensee turn around and sublicense the invention to a third party? A second clause addresses payment terms, including how much the royalty fee will be and which party will maintain the patent. The licensee will usually be required to keep records of its use of the invention; the licensor will be allowed to view these records for a time. Unique to patent license agreements are the improvements and infringement provisions. What happens if the licensee, in using the invention, actually improves it? From time to time, a third party may infringe upon the licensor's patent, and this scenario may involve the licensee to some degree. Will the licensee be obliged to defend the licensor's patent? Bear in mind that if the licensor and licensee are competitors, it may be in the interests of the latter to let the former's patent fail. Finally, these agreements address patent markings-if products can be marked and if they should be-and whether the licensee is entitled to receive not only rights to the invention but also certain of the licensor's know-how and technical assistance.Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com]]> The Importance Of Getting A Patent http://www.artwoo.com/article/the-importance-of-getting-a-patent http://www.artwoo.com/article/the-importance-of-getting-a-patent#comments Thu, 07 Sep 2006 00:27:04 +0000 apply for a patentpatent co operation treatypatent officesilly puttynon disclosure agreementpatentsfurthermore http://www.artwoo.com/article/the-importance-of-getting-a-patent
1. What A Patent Means

First of all, you should know that a patent is significantly different from a copyright. All a a patent means it that you have the exclusive rights to profit from a physical invention. Not all inventions are physical. The most common use for is for pharmaceuticals and plastics. Things like chemical formulas like drain-o have their own patent for the formula, for example, but the name drain-o will be protected by a copyright instead.

2. Not Everything Can Be Patented

It might be impossible to get a patent if you show off your physical product before you patent it. , the more technology and expertice is required to produce the product, the better. Inventions that seem like a no-brainer are more difficult to get a patent for. For example, .

3. Banned Items

You can't apply for patents on many items - a scientific or mathematical theory or method, a work of art (books, plays, etc. -- computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright.

4. How To

You need to visit a to get a patent. First, apply for a patent for your country with the help of a lawyer under a strict non-disclosure agreement. Depending on where you live this can be absurdly expensive or quite cheap. Next, file for patents you might want for the rest of the world. Yes, you have to file individually for every country in the world. Alternatively, you can use the patent co-operation treaty that allows you to apply once and eventually recieve protection in all 126 countries signed up to the treaty. For more great patent related articles and resources check out http://businessopportunityinsider.info ]]> Career Track: Becoming A Patent Attorney http://www.artwoo.com/article/career-track-becoming-a-patent-attorney http://www.artwoo.com/article/career-track-becoming-a-patent-attorney#comments Mon, 27 Nov 2006 04:27:08 +0000 patent law and practicepatent attorneyspatent attorneypatent lawyerspatent workchoosing a careergovernment corporations http://www.artwoo.com/article/career-track-becoming-a-patent-attorney Choosing a career as a specialized in the U.S. means being an attorney who has the required qualifications to represent people and corporations in obtaining patents. A patent attorney acts in all matters and procedures relating to . The career title carries different credentials and positions in various countries, so check for specifics needed.

Let's take a look at a few reasons why a career as a patent attorney is so rewarding.

Employment as a Patent Attorney is Challenging and Rewarding

Patents are involved in many areas of society; they are sought out by individuals as well as corporations. are the foundation for getting the patent process completed.

Patent attorneys, also known as , act as advisors and advocates in the process, representing their clients and supporting their efforts with documentation and legal rights, obligations and suggestions counsel. They need a strong background in engineering or science.

Patent attorneys need to be licensed in order to represent parties in court. They need to be able to prepare trial work, think under the gun, and have solid speaking skills. Other skills needed are to be able to do research, prepare documentation and courtroom presentations.

Specifics of a Patent Attorney Career

The following list includes a few specifics related to a career as a patent attorney:

- Although most work is done in an office setting, law library or courtroom, is also done on job sites. Travel may be a requirement. Lawyers in private practice often work irregular hours, while those on salaries average roughly 50 hours per week plus over-time during busy periods.

- Keeping up with the news, current events, and ever-changing laws in the patent industry are three "musts."

- In 2004, there were about 735,000 attorney jobs, 3 out of 4 in private practices, with most salaried patent attorneys working in the government, corporations, or with nonprofit organizations.

- Job opportunities for attorneys are projected to grow as fast as the average rate through 2014. Learn more and see if a career in patent law is something you'd like to pursue. Check out http://www.patenteducationseries.com. ]]> Crash Course on Trademark License Agreements http://www.artwoo.com/article/crash-course-on-trademark-license-agreements http://www.artwoo.com/article/crash-course-on-trademark-license-agreements#comments Sat, 30 Aug 2008 10:01:32 +0000 trademark license agreementdistinctive signsroyalty feesbrand new carball capsdistinct differencesspecific company http://www.artwoo.com/article/crash-course-on-trademark-license-agreements trademark license agreement. This agreement is a written contract in which the holder of a trademark (licensor) grants the revocable right to a second party (licensee) to use the holder's trademark in exchange for . Without the license, the licensee could not legally use the trademark.

Trademarks are a type of intellectual property. Trademarks are or indicators-usually phrases, logos, slogans, designs, images, or combinations thereof-that identify a or organization to the public. Protected marks are accompanied by the superscript "TM" for trademark, "SM" for service mark, or the encircled "R." They are similar to copyrights and patents but also have . One of them is the protection they receive. Copyright protection spans the length of the author's lifetime plus another 70 years; however, trademark protection is usually only five years, and it must be attentively guarded.

Similarly, trademark license agreements are also of limited duration. While a trademark owner may license the mark, knowing full well that the ownership does not pass to the licensee, the owner may also go one step further and sell the mark to a buyer. A sale, however, must include the underlying goodwill or assets that make the mark what it is. Without such goodwill or assets, courts have determined that such a sale is a fraud on the public, similar to selling a that lacks an engine.

Trademark license agreements should contain a handful of essential clauses for everyone's protection, including the public. First, the trademark must remain somewhat exclusive. A licensor would be foolish to dilute the mark by licensing it to every maker of in the market. Such a scenario might seem like a bonanza for the licensor, but it would soon become absurd as trademarked caps flooded the market. Second, the licensor must make certain that the licensee adheres to the licensor's preexisting quality control standards. To license the mark and then to discover that it is to be placed on substandard licensee products would be disastrous for all parties. Next, it is up to the licensor to provide examples of the mark, in various media forms if need be. If the licensor leaves it to the licensee to try to copy the mark as best it can, then surely trouble will result. Instead, the licensor should provide exemplars and hold the licensee to them-no slight modifications of font or color or spacing; no additions of phrases or images; nothing to alter the mark in public's eye.

Fourth, the licensor must have veto power over the use-not merely the design-of the trademark. The licensee should not be permitted to use the mark in connection with the licensee's political or philanthropic causes (even if they are good causes), if the agreement was for use of the mark only on the licensee's ball caps. If the licensor does not want the mark used with political or religious organizations, or hawked to promote alcohol, the agreement must give the licensor this veto power. Lastly, the license agreement must tie these protections together under a monitoring and inspection provision. Here, the licensor can pre-approve licensee samples, so that problems do not arise later. Monitoring may seem like a luxury, but it is a necessity, for a licensor that does not monitor the quality of its products and does not safeguard its mark can be deemed to have abandoned the mark-akin to commercial suicide for many companies.

While these provisions might seem to protect only the licensor, in reality, they protect everyone. For a diluted or abandoned trademark hurts the licensor, the licensee, and even consumers.Mark Warner is a Trademark License Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com]]> How To Pick The Right Patent Attorney http://www.artwoo.com/article/how-to-pick-the-right-patent-attorney http://www.artwoo.com/article/how-to-pick-the-right-patent-attorney#comments Tue, 10 Oct 2006 14:27:05 +0000 patent attorneypatent agentspatent lawpatent attorneyspatent agentpatent holderpatents http://www.artwoo.com/article/how-to-pick-the-right-patent-attorney
Without laws, there will be disorder and chaos, because each individual will do something according to his or her desires without looking upon the things that will instigate common good.

For this reason, a definite legal system is being imposed by every society to ensure uninterrupted monitoring of peace and order situation in the area.

In essence, the legal system has an effect on almost all of the aspects of the society. They tend to link the law to the different aspects in the society.

One of the industries that greatly need the services of an attorney is the intellectual property rights division.

In this field, a set of limited rights, known as , are being granted by the government to an individual for a predetermined period. These are in replace for the synchronized, unrestricted exposé of particular features of a method, tool, procedure, or work of any substance, that is inventive, new, useful, or technologically appropriate. These things are also known as invention.

These limited rights provide utmost protection for the against any imminent use, sale, or claims on a particular invention.

To facilitate the processing of patents, it is important to seek the help of a . The patent attorney will be the one responsible in embodying the client in acquiring patents. He will also be responsible in processing any matter subject to and preparation.

The definition of a patent attorney is clear and simple. Of course, some people are confused as to how paten agents and patent attorney differ on its truest sense.

In essence, the term and s are both utilized in some areas. Hence, there are some cases wherein the responsibility of the patent attorney may be the same as patent agent. The only distinction is that the patent attorney has the full qualifications of a lawyer.

So in choosing the right patent attorney, it is important to remember that the person should be a legitimate member of the bar to qualify as an officially authorized patent attorney.

To know more about choosing the right patent attorney, here are some tips to live by -

1. Do your homework

Before hiring the right patent attorney, it is important that you know the basic nature of the job or service. Try to research what a patent attorney really is.

Moreover, the responsibilities of a patent attorney may differ according to the existing paten law of a particular country. Hence, it is important that you know what your country states about reliable patent attorneys.

For instance, in the United States, for an individual to be recognized as a legal patent attorney, he must first pass the USPTO examination. This examination provides the necessary evaluations needed to determine if a person is endowed with the right knowledge regarding paten laws.

2. Registered patent attorney

Many people can claim that they are patent attorneys. Of course, even if they had been recognized as patent agents and even if they had already been admitted to the bar, but was not duly registered as a practicing patent attorney, he cannot practice under patent jurisdiction.

3. Find a specialist

There are thousands of patent attorney to choose from. Of course, not all of them are experienced in this particular field. Some attorneys have taken notable specialization on patent laws, thus, considering themselves as experts.

For this reason, to identify the right patent lawyer, it is best to scrutinize first his level of specialization. Trying to ask your relatives and friends about patent attorneys may only reduce your chance of getting a real patent specialist. Keep in mind that what works for them may not work for you.

Hence, it is best to ask those who are in the same field as well. You may ask some attorney that you know and get some referrals regarding the right patent attorney that can do the job fore you.

Indeed, choosing the right patent attorney can be very tricky. You may never know the best among the rest unless you know that he stands out above the others. So, better check the background first before hiring one. For more great patent attourney related articles and resources check out http://licensinginformer.info ]]> Need A Patent For An Invention? http://www.artwoo.com/article/need-a-patent-for-an-invention http://www.artwoo.com/article/need-a-patent-for-an-invention#comments Wed, 07 Jun 2006 18:32:13 +0000 patent pendingapply for a patentpatent registrationpatent numberinventionpatentsinventions http://www.artwoo.com/article/need-a-patent-for-an-invention patent registration.

What is a Patent?

A patent is when your government gives you the exclusive right to profit from an for a set number of years. If anyone else tries to sell something that is covered by your patent, then you will have the legal right to make them either pay you a licence fee or stop.

Each patent has a -- you might have seen 'Pat No' printed on some things, followed by this number. You may also have seen '', which means that the patent has been applied for but not yet granted.

Your Invention Must Qualify.

Not all can be covered by . Check that your invention meets these two requirements:

Is it new and secret? You can't have showed your invention publicly before you . Whatever you do, don't take your invention round and demonstrate it to people before you think about patents -- you might make it impossible to get one.

Is it non-obvious? Your invention must not be something that would be obvious to experience in your chosen industry. This is to stop people rushing to patent things that anyone could figure out, and then charging high fees for their use.

In addition, you cannot apply for a patent for any of the following: a scientific or mathematical theory or method, a work of art (books, plays, etc. -- computer programs are included), a way of doing things (eg. a new business method). Many of these things are, instead, covered by copyright. Patents are intended for actual, physical inventions.

Where Do I Get One?

Wherever you live, the chances are that it has a government agency called a 'patent office', or similar. There are also patent agencies for larger areas, such as the European Patent Office or, ultimately, the WIPO (World Intellectual Property Organisation).

To begin with, you should apply for a patent at the patent office for your country -- it's best to get a lawyer to guide you through this, and make them sign an NDA (non-disclosure agreement, a contract saying they won't tell anyone else about your invention). Depending on your country, this can either be absurdly cheap or really expensive.

Once you've done that, you generally have only one year to file for any patents you might want in the rest of the world. You used to have to apply individually in every country where you wanted a patent (this got very painful and expensive very quickly). Now, though, you can now take advantage of the PCT (Patent Co-operation Treaty), which allows you to apply once and eventually receive protection in all of the 126 countries that have signed up to the treaty.

You can apply for a PCT patent either through your own country's patent office, or through the WIPO's office in Geneva. It is again important to stress that you should really get a lawyer if you plan to go through this process, as international patent law isn't especially intuitive or easy.

You should note that if your patent application is refused at any stage, you won't be getting your fees back -- although you can usually apply again, if you want to pay again.

What if I Don't Get a Patent?

If you've looked at the prices, you might be wondering: what's the worst thing that could possibly happen to me if I didn't get a patent? The only answer I can give is that anyone you happen to explain the idea to can steal it, and you won't be able to do a thing. What's more, once your invention does come on the market, success will attract many imitators, and they'll probably be able to produce your invention cheaper by sacrificing quality.

Essentially, a patent gives you protection against competition -- but if you think you could do perfectly well in the market no matter how many imitators you had, then maybe patents aren't for you. Grab A TON Of Profitable eBooks For Only $17! Start your business off right! Go to http://www.ebookdomination.com You may reproduce this article as long as an active hyperlink is accompanied. ]]> Patents -- How To http://www.artwoo.com/article/patents-how-to http://www.artwoo.com/article/patents-how-to#comments Thu, 20 Apr 2006 01:50:02 +0000 apply for a patentpatent attorneypatent searchespatent applicationusptoidearesearch patents http://www.artwoo.com/article/patents-how-to idea or design that you think no one else has ever had. You want to move forward on the idea, but you also don't want anyone to copy your idea. What do you do? You need a patent.

You have heard of patents. You have an idea of what a patent is. But what protection does a patent really give you? How much does it cost? How long does it last? How do I know if someone already received or applied for a patent like the one I want to apply for? How do I ? Should I hire a ?

In this article I will try to help you answer those questions and offer a little more insight into the whole process, including how to to see if there are ideas already patented that are similar to yours.

The first thing you need to do is define your idea onto paper. Use as much detail as possible. You are more likely to receive a patent when you include a lot of detail and avoid anything that is vague or too broad in concept.

Once you have done this, go to .gov">http://www.uspto.gov">http://www.uspto.gov Click the link, on the left at the writing of this article, which says patents. You are not ready to apply for your patent yet, so scroll down to where it says, "Online ".

You will have two options there. One reads "Issued Patents", and the other reads "Published Applications". You will be researching both, but begin with the most important, which is "Issued Patents".

Use the link there that reads, "Advanced Search". Type in all the terms you can think of that relate to what you want to patent. Use the option that reads, "1976 to present", as anything patented before that date will not matter in most cases.

Search the headlined results for anything that looks like it might be similar to your idea for a patent. Click those links that apply to you. Look at the way it is formatted as well as look to see if your idea is exactly like the idea that already has a patent issued for it.

The reason I said to take note of the format in which the issued patent is displayed is for you to look at the way you wrote down the notes of your own idea and compare them. Try to format the description of your idea similar to that of a patent that is already issued. Make sure you include all the same type of information they have formatted into their patent.

If you find someone else has already received a patent that is too similar to your idea, you have just saved yourself a $215, (at the writing of this article), patent application fee.

If you do not find any issued patents that are like the idea you wish to patent, then go back to the page that had the two options, "Issued Patents" and "Published Applications". Now click Published Applications, advanced search and repeat the process of searching for ideas that are similar to yours.

If you find one that is exactly like your idea, keep in mind that the first application for that patent will be granted over the newer one. It does not mean you cannot apply for it. If you can improve on your idea, then go ahead and apply. If their application is turned down for some reason like lack of detail, etc., your patent could still be issued.

If you do not find an applied for patent, then you can proceed to apply for a patent on your idea. The research part of the patent process is over. Go back to http://www.uspto.gov">http://www.uspto.gov/ebc/index.html where you clicked on "Online Patent Searches" before and click on "Basic Initial Filing".

Fill in the fields for your name and email address, then choose the type of patent you are applying for. If you are not sure of the type of patent to apply for, go back to the home page at http://www.uspto.gov">http://www.uspto.gov and look for the search feature at the top of the page and type in each type of patent with the word definition after it.

That search feature will produce results pages of documents only. In those documents you will find answers to any questions you may have about different types of patents.

If you are sure of the type of patent you wish to apply for, then proceed through the pages. The instructions are very simple. Good luck! I hope this article has helped you learn how to research and apply for a patent! Chuck Crawford is an established webmaster interested in various topical research. If you would like more info on Patents, please visit his website at http://patents.thegiftedone.com This article may be reprinted freely as long as all links remain active. http://www.affiliatewebsitedesign.com http://www.articles.pn http://www.articlescience.com ]]> Self-Serve Patents http://www.artwoo.com/article/self-serve-patents http://www.artwoo.com/article/self-serve-patents#comments Tue, 05 Dec 2006 04:27:09 +0000 patent searchpatent lawyerinvention processpatent protectionpatent applicationinternational patentsone step at a time http://www.artwoo.com/article/self-serve-patents patent lawyer. Filing your own patents can be done but there are some challenges. While not impossible, the biggest drawback on doing it yourself is that you don't have the luxury of professional advice.

The advantages to filing your own patents are hard to overlook. As previously mentioned it certainly can save you money. Also, by doing it yourself you can learn several valuable skills, particularly research. The central step in preparing to file a patent is to make sure that your invention is actually patentable, meaning it both qualifies to be patented and has not been previously patented. You will also need to describe all aspects of your invention in order to file your own patent. Some steps in the process are easy; others are more difficult. As with all new endeavors, you will most likely succeed by trial and error. However, by taking it and studying the process as much as possible, you can reduce or possibly even eliminate the errors before they occur.

The following are the basic steps on filing your own patent:

1. Keep a careful record of your invention. It is important to keep a record of the in a notebook or similar format. Sign and date each entry and have two reliable witnesses sign as well.

2. Make sure your invention qualifies for . You will need to show that your invention is new (not previously patented), non-obvious and useful.

3. Assess the commercial potential of your invention. Before you spend the time and money to file a , you need to research the market you hope to enter to make sure it will be profitable to file the patent in the long run.

4. Do a thorough . To make sure your invention is new, you need to search all the earlier developments in your field. This involves searching U.S. and , as well as other publications like scientific and technical journals, to find related inventions.

5. Prepare and file an application with the USPTO (United States Patent and Trademark Office). This step allows you to have a choice when filing with the USPTO: you can file a full-blown regular patent application (RPA) or you can file a provisional patent application (PPA) on the invention. Filing a PPA allows you to claim patent pending status for the invention but involves only a small fraction of the work and cost of a regular patent application. All that is required to file a PPA is a fee of $80 ($160 for large companies), a detailed description of the invention, telling how to make and use it, and an informal drawing. Patricia Miller writes for several web magazines, including http://mygud.com and http://products-center.com ]]> Before You Apply For A Patent Make Sure You Read The Following. http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following#comments Fri, 18 Aug 2006 22:27:12 +0000 patent and trademarkpatent and trademark officeapply for a patentpatent informationreissue patentfederal patenttrademark depository library http://www.artwoo.com/article/before-you-apply-for-a-patent-make-sure-you-read-the-following
Surely no one has already come up with such a unique concept or product. Or have they?

Before you from the U.S. Office that is exactly what you'll need to find out.

The PTO is, as the source in the United States, also the storage facility for all in the country. In fact, it's here where you can find many patents from other parts of the globe as well. Here, therefore, is where you'll need to go to find out if you're really going where andquot;no one has gone before.andquot;

The U.S. PTO is housed in Alexandria VA and you're welcome to visit the facility and browse the files on active, retired and pending patents in person. Here you'll find all patents from 1790. While those awarded prior to 1920 are simply listed, without backup details, and those 1920-1970 offer a little more detail, any patent issued from 1971 to the present is available in its entirety - application and backup and process details included - on microfilm or disc.

For those who wish to search without a trip to the Virginia PTO office patent information is available online for post-1976 patents, or you can visit the nearest Patent and (PTDL). Rather than regional PTO offices, these are actual libraries - public, university or state-run - that have applied for, and been granted PTDL status. Since its 22-library inception in 1871 the PTDL system has grown to more than 80 facilities.

The informational details you'll be able to find on each patent, whether design, utility, plant or , will include statutory invention registrations, certificates of reexamination, and the current status of the patent subsequent to its issuance. You will also be given access to the patent and trademark sections of the Official Gazette of the U.S. as well as every PTO index, directory and tools for a patent search.

The U.S. PTO suggests that you use this seven-step process for your patent search:

(1) Start with the Index to the U.S. Patent Classification, which is divided alphabetically, offering a search by use, structure, end product and effect. You'll want to make note of any relevant classification and sub-classification numbers;

(2) Next go to the Manual of Classification and search out the noted classifications and sub-classifications;

(3) Read the Classifications Definitions publication, which will give you better clarity on whether the patents you've noted are closely aligned with your new concept;

(4) Peruse the Patent Titles and Abstracts, which will, with patents subsequent to 1920, offer more detail on each patent you've chosen to explore;

(5) Now access the Subclass Listing, which will display all patents from 1790, and even current applications not yet approved or finalized, that fall under the sub-classification you've determined may be similar to your new product;

(6) Next you'll go to the patents section of the Gazette and explore the summary of those patents shown in the subclass that you think are similar to yours;

(7) Your last step is to look at the details of those you think may be relevant. This is done through a perusal of the Complete Patent Document. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Patent And Protection Variations http://www.artwoo.com/article/patent-and-protection-variations http://www.artwoo.com/article/patent-and-protection-variations#comments Tue, 27 Nov 2007 07:35:00 +0000 patentstrongly recommended thatline contourstake a closer lookcolor texturedimensional designsole production http://www.artwoo.com/article/patent-and-protection-variations strongly recommended that you your product upon its completion. We will be going over different types of protections available to you through the government, which will help you choose one that best fits your needs

First lets at what a patent does basically it provides protection by giving you rights to your product. However, this limits you to one country and will be only valid for a specific number of years. You should also know that in order to attain a patent you have to meet certain requirements, which include having a unique creation new to the market along with the planned process intended for production. The thought behind this being an idea is just an idea if it can't be produced

Now lets say you want to produce and market your product worldwide. This would require you to register your patent in every other country. Thus making the patent valid for up to 20 yrs providing you register every year after the first 4 yrs from the date which the patent was granted. Keep in mind if there becomes a lapse of registration during any year the patent will expire and become fair game to your competition

Next we have design rights, they can last for 15 years but provide limited protection. The problem being that the protection is very vague due to the fact there is no initial description of your product under this right. There for if you feel your competition has copied your idea you have the difficult task of proving your case.

Last we are going to cover the register design, it can last for 25 years and is far more comprehensive than design rights. Under this protection just about every aspect of your design is covered from the color, texture, line, contours, materials used, down to a 2 of your product. So if you are in need of comprehensive protection the design right would be highly recommended.

Protect your idea and product by deterring your competition from profiting off you hard work Jared Mayer is owner of http://OnlineSolutionz.com and writes on many different business subjects to learn more Jared recommends you visit: http://www.OnlineSolutionz.com ]]> Are Patents Necessary For Inventions? http://www.artwoo.com/article/are-patents-necessary-for-inventions http://www.artwoo.com/article/are-patents-necessary-for-inventions#comments Wed, 14 Jun 2006 21:32:08 +0000 inventionideainventionsinventorwonder bragadgets and gizmossleepless nights http://www.artwoo.com/article/are-patents-necessary-for-inventions inventors although what they do is not so common at all.

Investors are people who have so much faith in man's capacity to reinvent the wheel that most of them spend just to come up with new . Fortunately for some, they do not need to spend countless hours looking up the sky for a possible as new s seem to pop out of their heads with nary an effort.

There are that are potential earners and there are some that are both useful and out of this world. Take this butt bra that is supposed to provide the same wonders for the female species as the . Funny, you may say but there are women who have problems with sagging buttocks and who may find this bottom lifter heaven sent.

Another invention can be useful for most vehicle owners considering the rising statistics in car theft. Through this invention, a car driver does not need to fight for his car when confronted by car thieves. He can just easily give up his car and walk away but only after he has activated this little remote which immobilizes the fuel pump of his car.

There are lots of inventions out there and some have great potentials to make their inventors millionaire sin their own right. But first, an inventor must know how to create and to protect feasible inventions.

An inventor who comes up with a good idea must first consider the feasibility of his invention before making a prototype. To be profitable, an invention must always answer a need of the mass market and must not be too costly to produce or else he loses his profit margin. The inventor should also make sure that the idea is original and has not been patented. It is possible that another person has already patented your idea but ha snot yet made any move to make this idea a reality so you have no seen anything in the market yet.

It is important to do research because patents are only publicized eighteen months after the application has been made and provided the inventor has not informed the patent office of his intention to keep the invention private. An inventor, who believes that his invention has marketability and that no patent has been issued or applied for, can approach a patent lawyer or a patent agent or to apply for the patent himself.

Some inventors recommend going to a patent lawyer since they are more experienced in these matters and they can strengthen your patent application. An inventor who wants to test the water first but who wants to be the first patent applicant can file a provisional patent application first which is cheaper and easier to file but does not really yield an actual patent. However, the inventor must file for a regular patent within one year of the provisional patent application to keep ahead of the others who may want to apply for a patent for the same invention.

An inventor must keep his invention a secret to anyone who does not sign a nondisclosure agreement. This is not only to protect the invention from being copied but also to be a step ahead with patent rules which does not allow the patenting of an invention a year after it has been made known to another person without a nondisclosure agreement. The author is a frequent writer for http://www.inventorhelper.com where more resources for inventors is available. ]]> Does Your New Product Qualify For A Patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent#comments Sat, 01 Sep 2007 12:20:00 +0000 patent officepatent and trademark officeus ptoutility patentsinventionsnew productuniqueness http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent
Does your qualify for a patent, however? To determine this you'll need to not only prove its but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. . This agency offers , the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the as "whimsical," i.e., serving no serious purpose. As of this writing the patent office also refuses "immoral" patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Does Your New Product Qualify For A Patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent#comments Thu, 27 Jul 2006 22:27:13 +0000 patent officepatent and trademark officepatent and trademarkus ptoutility patentsuniquenessinventions http://www.artwoo.com/article/does-your-new-product-qualify-for-a-patent
Does your new product qualify for a patent, however? To determine this you'll need to not only prove its but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. Office. This agency offers , the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the as andquot;whimsical,andquot; i.e., serving no serious purpose. As of this writing the patent office also refuses andquot;immoralandquot; patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages. Robert Michael is a writer for Juris Patents which is an excellent place to find patents links, resources and articles. For more information go to: http://www.jurispatents.com ]]> Canadian Patent System http://www.artwoo.com/article/canadian-patent-system http://www.artwoo.com/article/canadian-patent-system#comments Wed, 22 Nov 2006 18:27:08 +0000 canadian patents databasepatents officepatent officepatent agentinventor filesinventionoffice staff http://www.artwoo.com/article/canadian-patent-system inventor files before you do they will own the patent even if you can prove that you were the first to conceive of the . Therefore it is advisable to file Canadian patents as soon as possible without running the risk of omitting essential features from the application. If that happens you may have to reapply later. Advertise, displaying, or publishing information on your invention too soon is also not allowed. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.

Steps in Obtaining Canadian Patents Protection

Preliminary Searching Conducting a preliminary search of existing Canadian patents is the most important step. Since it costs money to file for a patent, even if that patent is refused, determining if your invention has ever been patented before can save you much time and money.

Online Using the Canadian Patents Database Online you can do a preliminary search of Canadian patents bibliographical information and have access to descriptions and image documents on issued Canadian patents since 1920. Also available are all applications published in Canada since October 1989. Search options supported include key words in the title, the name of the inventor, owner or applicant, the international or Canadian Patents Classification, the PCT information, the abstract or claims text. This resource can be found at patents1.ic.gc.ca/intro-e.html

Searching at the The only way to conduct patentability or infringement search on your own, if you do not want to solicit the aid of or lawyer, is by visiting the Patent Office. Canadian staff will not do the search for you, but can direct you and give you useful information.

There are over 1.5 million Canadian patents held at the Patent Office in Place du Portage I, Gatineau, Quebec. Patent documents filed prior to October 1, 1989, are classified according to the Canadian Patents Classification system and Canadian Patents documents filed on or after October 1, 1989, are classified and searchable according to the International Patent Classification (IPC) system. These documents can be consulted on the World Intellectual Property Organization (WIPO) Web site at: www.wipo.int/classifications/en/index.html. The Patent Search Room, in the Client Service Centre, is open from 8:30 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on legal holidays.

Full Searching of Canadian Patents Documents using TechSource TechSource is an electronic patent system that holds the scanned digital image of over 1.5 million patent documents dating back to 1920 and the text version of the documents from 1978. The imaging system enables users to view all parts of Canadian patent documents from workstations. TechSource includes Inquire/Text, a search and retrieval component, which allows the searching of the patent database. This image and text search and retrieval capability is currently available through the Patent Search Room in Gatineau. Linda Johnson contributes to several web sites, including http://duned.com and http://products-resources.com ]]> Driver License Scanner http://www.artwoo.com/article/driver-license-scanner http://www.artwoo.com/article/driver-license-scanner#comments Mon, 21 May 2007 10:44:58 +0000 driver licensescannerscanshelldriver licensesportable scannersworrycards http://www.artwoo.com/article/driver-license-scanner driver license to your advantage. Even though you may never have to use one of these, there are some people who actually do so day in and day out. If you are not sure of what a driver license scanner can do for you, you may want to check out the benefits right away. Most people find out that there are many ways that they can use these to help them out. This goes for everybody from restaurants to small businesses.

One of the nicest things about a driver license scanner is that it can verify both and other types of ID . These machines can do this by comparing data that is present on the card. Of course, if the data matches up the card is verified but if it does not it means that there is a problem somewhere.

Another benefit of a driver license scanner is that the process is pretty much automated. All you have to do is about loading the cards into the scanner, and the technology will take care of the rest. This makes it easy for you to scan quite a few driver licenses in a short amount of time. There is no reason to have to worry about doing one at a time just to make sure that the information is getting into the right place. With a high quality driver license scanner you know that you will be getting the job done right the first time.

All in all, you may find out that a driver license scanner can make things much easier on you. Although you may have to pay several hundred dollars for a driver license scanner, it could make your job easier. And everybody knows that time is money in the workplace! Store offers solutions for ID and Driver license scanning, . To learn more about this topic Scanshell recommends you visit: http://www.scanshell-store.com/software_ssdotnet.htm ]]> Got A License Plate Frame? http://www.artwoo.com/article/got-a-license-plate-frame http://www.artwoo.com/article/got-a-license-plate-frame#comments Sun, 21 May 2006 21:32:04 +0000 license plate framesave the whalescollege alma matercelebrateadvertisebumper stickerfavorite team http://www.artwoo.com/article/got-a-license-plate-frame celebrate someone or something you love, but few ways are as unique, fun, and inexpensive as getting a for your car.

It sounds funny at first, but think of how great having a unique license plate frame could be. One of the biggest reasons that most people decide to purchase a license plate frame is to promote an idea or an interest that they are passionate about. You can get a license plate frame customized about practically anything whether it is to or to give every child a chance to live. There are not many easier or more unoffensive ways to your cares to the people around you than to use a license plate frame.

Many people also get a license plate frame to show support for their or their . More inexpensive than customizing your actual license plate, buying a customized license plate frame will announce your loyalties to exactly the same amount of people.

Just think about how often you drive your car around town and on trips. Your unique license plate frame will be seen by a variety of people every time you drive. If you're tired of seeing people protest for or against their favorite causes in ways that are harmful and offensive, consider protesting the things you care about in harmless and silent way. You will have to do nothing except drive in order to celebrate and advertise loud enough for many people to see.

Another great thing about personalizing a license plate frame is that it is a less permanent and less messy option than attaching a to your car. Using a license plate frame instead gives you the flexibility to change it or remove it at any time. If you think about all of the ways you could choose to celebrate and support a team or a cause, a license plate frame is one of the most inexpensive ways to do it. There is no need (unless of course you want to) to buy clothing, flags, or other means of advertising. Simply find a store near you and get your license plate frame made in little time at all.

A license plate frame can also symbolize the place you came from or your favorite place to travel. With a little bit of creative thinking, a license plate frame can be made to display almost anything at all. You can even go the extreme of having a license plate frame customized to fit every season of the year or to celebrate specific events or holidays.

Whatever you desire to celebrate, promote, or advertise, consider the benefits of a customized, unique license plate frame and get yours today. Belina Storrey has been promoting and celebrating her favorite things for years with license plate frames. See what great frames you can buy at http://www.findlicenseplateframe.info ]]> Invention FAQ: Answers About Marketing Your Invention http://www.artwoo.com/article/invention-faq-answers-about-marketing-your-invention http://www.artwoo.com/article/invention-faq-answers-about-marketing-your-invention#comments Sun, 03 Dec 2006 06:27:11 +0000 national institute of standards and technology nistinventionnational institute of standards and technologypatent rightspatent applicationpersonal finance resourcesinventions http://www.artwoo.com/article/invention-faq-answers-about-marketing-your-invention
A patent is a grant that gives a person the authority to stop others from manufacturing, selling, using, or importing their patented . This authority is effective for twenty years from the filing date. It is a contract between a person and the state in which he or she is permitted to exercise a restricted monopoly in exchange for allowing the invention to be made public.

are territorial; that is, the patent granted in the United States does not give a person rights outside the country. This is also the case on patents granted to in the United Kingdom, Australia, and other countries.



* How do I finance my invention?

In case you do not have but absolutely have the determinationto get your invention on the market, the best thing that you can do is to turn your invention into a commercial product.

You also have the option to ask for financial assistance from the federal government through the United States' (NIST) or Department of Energy (DOE) if your invention is related to power generation or other energy-related issues.



* Are there grants available to help with inventions?

Yes, there are grants given to aid the development of certain inventions. There are non-profit organizations that are composed of wealthy individuals, families, and corporations. These people are giving cash grants every year to help develop inventions, although part of this "help" is to shield these people and businesses from taxes.



* Is there other financing available to market my invention?

Yes, there are other financing and assistance programs available that will help you market your invention. These include tax incentives and individuals who have large investments in private companies.

These individuals finance the invention to develop it further and make it competitive not only in the United States but also in the international community by means of international invention events that take place every year.



* How do I find out if somebody has already the same idea for an invention?

You can have a patent check to determine if your idea already exists. It is done by searching all the existing patents listed in the Patent Office's database to see if your invention is already patented. It also includes searching printed materials such as catalogs, magazines, and articles. Since patent lists are now computerized, the search can now be performed by the click of a mouse.



* Do I need a patent for an invention?

Yes, you should patent your invention. It is looked upon from different viewpoints, but is briefly described in the following items.

- Patenting an invention is a one of the best ways of marketing it. It gives you legal grounds for establishing a monopoly for the manufacturing, production, and marketing of the invention under free market conditions.

- Without patent protection, others can copy your idea at no cost and sell the product at a cheaper price, thus generating income without asking for your permission. Also, they can patent your invention under their name. In other words, they can effectively steal the idea from you.

- A patent also ensures you of market position and occupying new markets.

- A patent is considered your "trademark" -- that you actually invented a device. It can be a way of recording your name in the history of technology, especially if it is now introduced in the market. Elsie Ivins is editor of http://www.ezInvention.com, the online guide to Inventions. She also writes Invention FAQ's for http://www.prettygreatanswers.com/articles/InventionQuestions/ .. ]]> Create Your Own Custom License Plates - A Complete Review. http://www.artwoo.com/article/create-your-own-custom-license-plates-a-complete-review http://www.artwoo.com/article/create-your-own-custom-license-plates-a-complete-review#comments Tue, 26 Dec 2006 12:27:15 +0000 custom license platesvanity license platemy favoriteforddream carseen hundredsbaffle http://www.artwoo.com/article/create-your-own-custom-license-plates-a-complete-review seen hundreds if not thousands of the same car in his or her lifetime. However with , it does not matter because you can be recognized anyway. If you have an exclusive and clever license plate, then you will be at the very least the only one in your state to get noticed with that particular message. Now tell me who does not want to be noticed? I sure know that I do.

One of license plates is the one where the letters form unusual patterns. It went something like "wvwvwvw" once. Now when I think back on this , perhaps whoever got it, did so just to the cops, but still, it was pretty cool. What are even cooler these days are that you can use in some states - custom front plates. Where I live - in California, the law requires you to have the same state issued license plates on both the front as well as the back of your car or truck, but in several places this is not the case. You can actually choose to have anything you want as your front license plate, and that is where you can let your creativity run wild and have a lot of fun.

Among my favorite front license plates are the ones representing your favorite brand of something. In fact I particularly like license plates that advertise the kind of car that they are on. Who knows, for instance, why you are driving that . Perhaps you love it or because you inherited it from your aunt when she passed away, or just simply because you got a fantastic deal on it. However if you put custom license plates that say "Ford" on the front of it, everyone will know that you are driving that car because it is your , and their respect for you will go way up. Sure, everyone loves a woman or a man who reaches out and takes just what they want, someone who is decisive and an achiever, and specialty license plates can let everyone know that that is just what you are. Surely, there is no substitute for that kind of publicity. Ernest R. Peterson provides readers with up-to-date commentaries, articles, and reviews for http://www.cars-info-guide.com, http://www.cars-directory-guide.com as well as other related information. ]]> Troubling Changes To Patent Rules http://www.artwoo.com/article/troubling-changes-to-patent-rules http://www.artwoo.com/article/troubling-changes-to-patent-rules#comments Thu, 04 May 2006 22:32:00 +0000 patent officepatent protectionpatent and trademark officepatent applicationunited states patentunited states patent and trademark officeunfortunately http://www.artwoo.com/article/troubling-changes-to-patent-rules Patent and Trademark Office () proposed changes to the current patent filing procedures that will dramatically change the process inventors and small businesses use to seek . The proposed changes also limit inventors' ability to protect their inventions. The public may submit their feedback on these changes by May 3, 2006.

CHANGE NO. 1: The first change alters the current "continuation practice" by limiting the number of correspondences that inventors may have with the Patent Office. Additional correspondence may be made with the Patent Office but only under limited conditions.

CHANGE NO. 2: The second change alters the current "claiming practice" by limiting the number of claims that may be presented on an invention, specifically, ten claims per application. The proposed change severely restricts the conditions under which additional claims may be presented.

Interestingly, the stated purposes of the changes are to reduce the back log of un-examined s and increase the quality of the patent application review. , these changes also bring out two important negative implications:

• INCREASE COST TO OBTAIN PATENT • NARROW PATENT PROTECTION

Under the proposed changes, an inventors may only present ten independent claims even if the technology to be patented requires more. The Patent Office states that more claims may be presented if the inventor provides an opinion as to the reason that the invention is patentable over a prior art search but such opinion may be expensive. Hence, the inventor may have to accept narrow claim coverage that may not sufficiently protect their invention. instead of continuing to pursue broad patent protection. Also, inventors must seek patent protection on multiple aspects of their invention simultaneously which may be cost prohibitive. Moreover, in cases where the Patent Office has incorrectly rejected an application, the inventor may only proceed with a costly appeal process instead of attempting to highlight different ingenious aspects of the invention.

IMPACT ON BACK LOG AND QUALITY: The changes do not appear to achieve the Patent Office's desired objective of reducing its back log of applications and improving quality. Inventors, when faced with an examiner who does not understand the uniqueness of the invention, would immediately appeal or petition such refusal rather than use up their limited number of correspondences with the examiner. As such, in one aspect, the changes merely shift the load of the work from patent examiners to the appeal board and petition process. Moreover, patent attorneys would file additional applications on the same invention describing the invention in different ways to circumvent the changes increasing the number of applications. As such, in another aspect, it may increase the number of patent applications.

PUNISH EVERYONE BECAUSE OF A FEW: According to the Patent Office, only 1.2% of applicants engage in excessive claiming. The Patent Office has identified a claiming practice used by a few applicants and proposes changes that affect all applicants. Oddly, the Patent Office appears to be punishing all inventors due to the excessive claiming practice of a few.

PUBLIC REACTION: Feedback submitted by individuals, patent practitioners, businesses and trade associations range from full acceptance to full rejection. For example, one comment stated that the Patent Office is not taking into consideration "real-world effects on practitioners and applications." Another comment from an intellectual property association supports the Patent Office's efforts in increasing examination efficiency and patent quality but disagrees that the proposed changes would achieve the desired results.

SUBMITING YOUR COMMENTS: For information on submitting a comment, go to www.uspto.gov or www.ContactJamesYang.blogspot.com.

This information is provided for informational purposes only and not considered legal advice. Legal advice requires review and analysis of your specific factual situation. James Yang is a patent attorney practicing in Orange County, California. He helps small businesses create, maintain and profit from their intellectual property so that they may maintain a competitive edge. He may be contacted via email at ContactJamesYang@yahoo.com or http://www.ContactJamesYang.blogspot.com.. ]]> How To Copyright And Patent Your Software http://www.artwoo.com/article/how-to-copyright-and-patent-your-software http://www.artwoo.com/article/how-to-copyright-and-patent-your-software#comments Mon, 30 Jul 2007 17:20:00 +0000 software patentpatent applicationspatentscopyright softwareundeniablylegal recoursetangible http://www.artwoo.com/article/how-to-copyright-and-patent-your-software copyright software, the good news is you've probably already done it. At least you have if you have ever written software. Most people get confused over exactly what having a copyright for their software means. Only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into . Otherwise if it is original, fixed, and you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code, the copyright belongs to you.

Copyrighting software doesn't offer the protection that many people hope it will. The idea of software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by copyright. In fact, the only thing protected by software copyright is the source code. The question you should ask yourself is not how to copyright software, but how to patent your software.

What Is A ?

A "software patent" has no universal understanding. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take a while to be approved.

The growth of Internet business and e-commerce has led to many for software, particularly software designed for specific business applications. While the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or for those who do not honor the software patent, even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge to establish and honor patents.

Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required to protect your work.



Lately there is a new term, "Copyleft," which is an obvious play on words and represents the rights to not only redistribute the copyrighted works, but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software.

One unfortunate circumstance surrounding patents is the unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music, is largely subjective. In literature and music, it is obvious that the copyright has been abused or that the work has been copied; this isn't as simple with software.

How to Obtain a Patent

To obtain a patent for your software, you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. There is no universal legal definition of what a software patent is. Each country that offers patents also has a different definition for what is protected by that patent, as well as for why a patent will be granted. Also consider the fact your software may be given a patent in one country where you applied and none of the others.

Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments to resolve any issues or disputes that may have arisen from your software patents.

If you are applying for international patents (which can secure a profitable future for you and your business), you need to find a good patent lawyer and have him walk you through the entire process. Patents are complicated. When you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is, you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents.

If this is your first time designing your own software, you have every right to be nervous. Remember: lawyers went to school much longer than you to know what to do in this situation, so you should not be expected to know how to copyright or patent software when you've never done it before. Brian Scott is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at http://ResearchCopyright.com. ]]>