[et_pb_section fb_built=”1″ _builder_version=”4.9.4″ _module_preset=”default”][et_pb_row _builder_version=”4.9.4″ _module_preset=”default”][et_pb_column _builder_version=”4.9.4″ _module_preset=”default” type=”4_4″][et_pb_text _builder_version=”4.9.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″ custom_padding=”7px|||||”]<\/p>\n
[\/et_pb_text][et_pb_accordion _builder_version=”4.9.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″][et_pb_accordion_item title=”What is a Patent?” _builder_version=”4.9.4″ _module_preset=”default” open=”on” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office.\u00a0 This right allows the inventor to exclude others from making, using, offering for sale, importing, or selling the invention in the United States.\u00a0 Once issued, a new patent may last for 20 years from the date on which the application for the patent was filed in the United States.\u00a0 United States patent grants are effective only within the borders of the United States, United States territories, and United States possessions.<\/p>\n <\/span> Is there any danger that the\u00a0 Who owns a patent if the invention is created by two or more individuals? Who owns a patent if I have the idea to make an invention and hire a person to build the invention?\u00a0 Am I an inventor or is my employee? Should I trust patent promotion organizations? \u00a0Where can I go to see if these organizations are reputable? Are there any organizations or state programs that will help me develop and market my invention? [\/et_pb_accordion_item][et_pb_accordion_item title=”What is a Copyright?” _builder_version=”4.9.4″ _module_preset=”default” open=”off” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n Copyright is a property right given to creators of original works for literary, dramatic, musical, artistic, and certain other intellectual areas.\u00a0 The Copyright Act allows the owner of a copyright the exclusive right to reproduce the work, prepare follow-up works (called derivative works) based upon previous works, distribute copies, and display or perform the work.<\/span><\/p>\n How do I receive a copyright?\u00a0 Do I need to mail myself a copy of my work?<\/strong> If I have a copyright, why do I need a copyright registration?<\/strong> \u2022\u00a0Registration makes a record of your copyright claim;<\/p>\n \u2022\u00a0You must have a registration to sue for copyright infringement;<\/p>\n \u2022 If you apply for registration before you show your creation to the public or within five years of displaying your creation, a court will presume your copyright is valid and the information listed in your application is correct;<\/p>\n \u2022\u00a0Registration provides significant advantages in recovering damages for an infringement suit.\u00a0 If you apply for registration within 3 months after you displaying your creation or prior to an infringement of the work, you may receive statutory damages and attorney’s fees in a court action. Otherwise, only an award of actual damages and profits is available to the copyright owner.<\/p>\n \u2022 Registration allows the owner of the copyright to record the registration with the\u00a0<\/span> Do I need to have a copyright notice on my artwork?\u00a0 What should it say?<\/strong> Copyright notice tells everyone who views your work that the work is protected by copyright. If someone decides to infringe your copyright, copyright notice limits the infringer\u2019s ability to claim innocent infringement (innocent infringement occurs when the infringer did not realize that the work was protected).<\/p>\n You do not need to request permission to use the copyright notice.<\/p>\n The form for the copyright notice should include:<\/p>\n \u2022 The symbol \u00a9 (the letter C in a circle), or the word \u201cCopyright,\u201d or the abbreviation \u201cCopr.\u201d;<\/p>\n \u2022 The year you first displayed your work; and<\/p>\n \u2022 The name of the owner of copyright in the work.<\/p>\n For example: \u00a9 2008 Keisling Pieper &\u00a0<\/span> I own a small business making lamps.\u00a0 My employees sometimes modify the shades or the bases of the lamps.\u00a0 Do I own these new designs or do my employees?<\/strong> If you have employees that contribute designs or other creative works, it is best to consult with an attorney to make sure your rights as an employer are secure.<\/p>\n [\/et_pb_accordion_item][et_pb_accordion_item title=”What is a Trademark?” _builder_version=”4.9.4″ _module_preset=”default” open=”off” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n A trademark is a word, mark, symbol or device used by a person to identify and distinguish the source of that person\u2019s goods and services from the goods and services of another.\u00a0 For example, a trademark can be a word, a slogan, or a symbol.\u00a0 Trade dress refers to distinctive product packaging, store d\u00e9cor, product shapes, or the look of a web page.\u00a0<\/span><\/p>\n How do I receive a trademark?<\/strong> Although trademark rights derive from use, there are benefits to obtaining a federal trademark registration through application to the United States Patent and Trademark\u00a0<\/span> Can I use a phrase I heard on a television advertisement as a mark?<\/strong> [\/et_pb_accordion_item][\/et_pb_accordion][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.9.4″ _module_preset=”default”][et_pb_column _builder_version=”4.9.4″ _module_preset=”default” type=”4_4″][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”4.9.4″ _module_preset=”default”][et_pb_row _builder_version=”4.9.4″ _module_preset=”default”][et_pb_column _builder_version=”4.9.4″ _module_preset=”default” type=”4_4″][et_pb_text _builder_version=”4.9.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″ custom_padding=”7px|||||”] Legal Information [\/et_pb_text][et_pb_accordion _builder_version=”4.9.4″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″][et_pb_accordion_item title=”What is a Patent?” _builder_version=”4.9.4″ _module_preset=”default” open=”on” hover_enabled=”0″ sticky_enabled=”0″] A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office.\u00a0 This […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":""},"_links":{"self":[{"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/pages\/32"}],"collection":[{"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/comments?post=32"}],"version-history":[{"count":6,"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/pages\/32\/revisions"}],"predecessor-version":[{"id":71,"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/pages\/32\/revisions\/71"}],"wp:attachment":[{"href":"https:\/\/arkansaspatents.lawchek.net\/index.php\/wp-json\/wp\/v2\/media?parent=32"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
What do the terms “patent pending” and “patent applied for” mean?<\/strong>
<\/span><\/i>They are used by a manufacturer or seller of an article to inform the public that an application is on file in the U.S. Patent and Trademark\u00a0<\/span>
<\/span><\/i><\/strong>Patent applications are maintained in the strictest confidence until the patent is issued or the application is published. \u00a0After the application has been published, however, a member of the public may request a copy of the application file. \u00a0After the patent is issued, the\u00a0<\/span>
<\/st1:personname><\/span><\/p>\n
<\/span><\/i><\/strong>If each person had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. \u00a0If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his\/her name alone.<\/span><\/p>\n
<\/span><\/i><\/strong>You are the inventor. An inventor is the person who furnishes the ideas.<\/span><\/p>\n
<\/span><\/i><\/strong>Many Better Business Bureaus (located in the city of the organization) have information about the reputation of these organizations.\u00a0 The Patent and Trademark\u00a0<\/span>
<\/span><\/i><\/strong>Yes. \u00a0Chambers of commerce in your area are helpful in meeting people who might be able to assist you.\u00a0 Additionally, there are a number of other university-related, small business associations, and charitable organizations willing to assist you. Many states have development agencies which assist manufacturers and inventors in the state.<\/span><\/p>\n
<\/span><\/i>Authors or creators of works have copyrights when the work is created in fixed form, or is something that you can touch. \u00a0Mailing a work, sometimes called a poorman\u2019s copyright, is not necessary to create the copyright.<\/span><\/p>\n
<\/span><\/i>Even though registration is not a requirement for protection, copyright law provides several benefits to encourage copyright owners to make registration. Among these advantages are the following:<\/span><\/p>\n
<\/span><\/i>The copyright notice, which is typically recognized as \u00a9, is no longer required under\u00a0<\/span>
<\/span><\/i>For business owners, the creation of copyrightable works by employees can be a concern.\u00a0 Typically, the person making a design or writing a book owns the creative work.\u00a0 However, the concept of work made for hire provides a minor exception to the general rule of authorship.\u00a0 If a work is a work made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright.\u00a0 However, some instances, such as work done by an independent contractor, arise where it may still be necessary for the parties to expressly agree in writing that the work shall be considered a work made for hire.\u00a0<\/p>\n
<\/span><\/i>Trademark rights are acquired based on use of the mark in commerce.\u00a0 Generally, the first user of a protectable mark in commerce acquires the exclusive right to use the mark for those goods and services in the same geographic market.\u00a0 Trademark rights do not generally extend to unrelated goods and services or to remote geographic areas.\u00a0<\/span><\/p>\n
<\/span><\/i>Probably not.\u00a0 Since trademark rights are based on use, the company that used the phrase in the advertisement may have better rights than you.\u00a0 In situations like this, it is best to consult with an attorney about your rights.<\/p>\n