Websites and Intellectual Property, Patents, Trademarks, and Copyrights
To clear up confusion as to how to protect the Intellectual Property of websites, this article will give a brief explanation on how websites might be protected under Patent Law, Trademark Law, and Copyright Law.
The first concept to understand regarding Intellectual Property is the fact that patent law, trademark law, and copyright law overlap. It is possible to get a patent, a trademark, and a copyright on a bicycle. A patent can be applied for a unique braking system on the bike. A trademark can be created for a unique and non-functional look of the bike (and word marks). And a copyright can be extended to various graphics on the bicycle as well. The three pillars of intellectual property: patents, copyrights, and trademarks are no mutually exclusive.
As such, a website which incorporates a novel and non-obvious method or process can be afforded patent protection. One bad example is the Amazon 1-click patent. This is a bad example in the sense that the patent was probably improperly issued due to serious questions related to USC 103 which requires non-obvioiusness.
A website may also be able to qualify for trademark protection through various logos, words, colors, sounds, or other source identifiers which are placed throughout the website. A consistent look throughout the website pages can be given trademark rights. A closely related issue may be cyber-squatting which is actually covered under another narrow law.
And a website may also have copyright rights as well. Most websites have an assortment of images, articles, artwork, and other text which certainly comes under copyright law. Moreover, any software running on those websites may also qualify for copyright law through their source code and object code which may be registered with the Library of Congress.
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Want to know the difference between Trademarks, Copyrights, and Patents and how to decide which you need to use? This article will provide you with an overview of the basics and get you on your way.
Business owners who desire to sell their business someday are advised to immediately start building up a strong Intellectual Property portfolio consisting of Patents, Trademark registrations with the USPTO and Copyright registrations. And on the other side of the transaction, a business purchaser should be advised to enlist the services of an experienced Intellectual Property attorney to evaluate the strength of each Intellectual Property asset to arrive at a fair value for the business.
Intangible assets such as trademarks, copyrights and patents have the same basic attributes of ownership as any tangible property. Then why do they seem so confusing? While the attributes of ownership for intangibles are the same as for those you touch, the nomenclature, i.e. the labels used to describe the...
The terms patent and intellectual property are often used interchangeably. In some respects, these terms are indeed interchangeable. All patents are the intellectual property of the inventor or inventors. Yet there are distinct differences in each category.
What you need to know about Intellectual Property
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A certain meat processing plant which is owned by New Food Classics, has been investigated to decide if there are any food borne illness victims from this potentially adulterated meat. These news has made the manufacturer of meat products, New Food gone into bankruptcy. However, the US company Sysco bought the potentially tainted meat from New Food Classics and sold it all to one customer.
Do you use your business website for conducting major business operations and making agreements? Or do you merely surf the internet, scouting for information of your liking? If you are into any of these things, it is essential that you know at least the basic framework of most cyber laws in the US.
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In order to see if there is patent infringement you just need to look at the laundry list called the claims of the patent. Compare what is on that list with the other product or service and you can tell if there is patent infringement.
The term patent pending is not unconditional. Although the rights extend backwards from the patent grant date to the filing date of the first patent application, there will be no recourse if the application is ultimately rejected. However, in the event that someone does infringe the claims of the patent, and the application is eventually granted, a person may possible acquire a financial windfall in the process.
Provisional applications used to be the very first step of the patent application process. Provisional applications were typically written by the inventor and then sent over to the USPTO. Sometimes, these provisionals were proof read by a patent attorney even though they were incomplete. As a result, inventors would save time and money. Unfortunately,case law now requires that provisional patent applications be completely enabling and nearly match up word for word with their non provisional c
>One of the preliminary steps in the patent process is the patent search. This process typically costs hundreds to thousands of dollars and does not come with any guarantees. And in some cases, the process can take weeks to months. In this article I will show you how to perform your own patent search like the pros. That way, you will save money and speed up the monetization process.
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