Missouri Intellectual Property Attorneys
Q&A
- What is intellectual property?
- What is a patent?
- What is a trademark?
- What is a copyright?
- What is patent or trademark prosecution?
- Is there a time limitation for protection under a U.S. patent?
- How long do trademarks stay in effect?
- How long does protection last for a copyright?
- If you are marketing or developing your products or services in other countries, do you need a patent or trademark?
- Why would you want to register a copyright?
What is intellectual property?
According to the World Intellectual Property Organization Convention, held in 1967, intellectual property is the legal right to property, such as:
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The purpose of intellectual property law is to exclude others from introducing, using, reproducing, or selling your property without your consent. Intellectual property rights allow you to sell, license, or use your property as collateral for financing.
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What is a patent?
According to the United States Patent and Trademark Office (USPTO), a patent is a property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.
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What is a trademark?
The USPTO defines a trademark as the right to “protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.”
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What is a copyright?
The Office of U.S. Copyright states that a “copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”
“Copyright . . . protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”
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What is patent or trademark prosecution?
Patent or trademark prosecution refers to applying for and registering a patent or trademark.
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Is there a time limitation for protection under a U.S. patent?
Yes. A patent, once granted, lasts 20 years from the date you file the application. You must also pay patent fees from time to time. Our attorneys explain patent fees so you can stay alerted to necessary payments for keeping your patent in effect.
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How long do trademarks stay in effect?
Unlike patents, trademarks have no limitation on their protection as long as you continue to use them commercially. If infringement becomes an issue, you may have to defend your rights in order to maintain trademark protection.
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How long does protection last for a copyright?
According to the United States Patent and Trademark office (USPTO), copyright protection varies:
- For works created after January 1, 1978, copyrights last for 70 years after the death of their owner.
- For works made for hire (covering the usual type of work owned by a small business), the copyright lasts for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
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If you are marketing or developing your products or services in other countries, do you need a patent or trademark?
If you are going to market your intellectual property overseas, you need to consider a number of factors. Many other countries have intellectual property authorities for filing patents and trademarks. Depending on the nature of your business and your service or product, our attorneys can help you evaluate what IP protection would be best and whether the cost is feasible for your business. The Patent Cooperation Treaty (PCT), which offers protection by filing one application which would be upheld by 126 different countries, may be appropriate. The Madrid Protocol offers trademark protection in more than one country for businesses seeking trademark protection. You need an attorney to help you understand the complexities involved and determine whether intellectual property protection would be appropriate for your business.
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Why would you want to register a copyright?
You do not have to register a copyright in order for material to be under the protection of copyright laws. However, in the U.S., if you want to bring a lawsuit against copyright infringement and to have rights to other legal remedies, your copyright must be registered with the U.S. Copyright Office. In addition, formal copyright registration can protect you against infringement through importation of copies by allowing you to register with the U.S. Customs Office.
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