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Copyright protection is provided for original works of authorship fixed in a tangible medium of expression. You cannot copyright an idea, only an expression of the idea. Here is a list of copyrightable works:
Copyrights are good for the life of the author plus 50 years. For work created by employees for hire, the term is 75 years from the first publication or 100 years from creation, whichever expires first.
You do not have to register with the U.S. Copyright office in order to have protection. Rights begin upon creation of the work. Until 1989, a copyright owner was required to include a copyright notice on all products and failure to do so could result in a loss of copyrights. That law is no longer in effect, and creators now own copyrights unless a contract states otherwise. However, you cannot take action against a copyright infringement unless your work is registered with the U.S. Copyright Office. There is a small filing fee, and it usually takes up to six weeks for the copyright office to process the application and issue a registration.
You should write your name, or company name, the word "copyright", and the year in which you created the work on all material you wish to protect.
It is also a good idea to have a notary public sign and date your work. This can help prove the date that the work was created.
For more information, you can contact the following organization:
A patent provides the holder with the exclusive right to make, use, and sell an invention throughout the United States during the term of the patent. There are three forms of patents: design, utility, and plant.
Design patents are granted for any new, original and ornamental design for an article of manufacturing. Design patents cover the appearance of an invention, such as the appearance of a copy machine or fax machine. They have a term of 17 years in the United States.
Utility patents cover the functional features of an invention and are granted for any new and useful process, machine, manufacture or composition of matter, or for any new and useful improvement. This patent lasts for 14 years.
A plant patent protects a new form of greenery or plant.
The following cannot be patented:
The protection you will get from your patent is only effective once the patent is granted, not during the patent pending period. A U.S. patent only protects you in the United States.
To obtain a patent, you must file an application with the patent and trademark office, where the examiners determine the originality of your invention. The patent process takes from 1 to 3 years and can cost between $3000 and $10,000, including legal fees. The fee the patent office charges depends on the size of your business and the number of claims in the patent application.
You must apply for a patent within one year of the time a product is first offered for sale or disclosed publicly.
It is highly recommended that you consult an attorney regarding patents.
For patent information and applications call 703-557-4636 or write to the U.S. Patent and Trademark Office, Washington D.C. 20231. If you have further questions call 703-308-HELP.
