Copyright, Patents, Trademarks...

The following information was excerpted from general information concerning patents print brochure from the US
Trademark and Patent Office website

What is copyright?

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 Copyright covers both published and unpublished works.

What does copyright protect?

Copyright, a form of intellectual property law, 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.

How is a copyright different from a patent or a trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries
are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words,
phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from
those of others.

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either
directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register,
however, if you wish to bring a lawsuit for infringement of a U.S. Work.

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the
facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for
statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication,
it is considered prima facie evidence in a court of law.

I’ve heard about a “poor man’s copyright.” What is it?

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no
provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

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COPYRIGHT FEES

What is a patent?
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.

Who can apply for a patent?
A patent may be applied for only in the name(s) of the actual inventor(s).

What can and cannot be patented?
What can be patented – utility patents are provided for a new, non-obvious and useful:

•Process •Machine •Article of manufacture •Composition of matter •Improvement of any of the above
Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article
of manufacture or (2) asexually reproduced plant varieties by design and plant patents.

What cannot be patented:

•Laws of nature •Physical phenomena •Abstract ideas •Literary, dramatic, musical, and artistic works (these can be Copyright protected)
•Inventions which are: •Not useful (such as perpetual motion machines); or •Offensive to public morality

Invention must also be:

•Novel •Nonobvious •Adequately described or enabled (for one of ordinary skill in the art to make and use the invention)
•Claimed by the inventor in clear and definite terms